Co-op Apartment Covered

LVT Number: 15689

Tenant claimed that she was rent stabilized and complained that landlord refused to renew her lease. Landlord claimed that the cooperative apartment tenant occupied wasn't subject to rent stabilization. The DHCR ruled for tenant, and landlord appealed. The court and appeals court ruled against landlord. Landlord admitted that the apartment hadn't been owner occupied. So it wasn't exempt from ETPA coverage.

Tenant claimed that she was rent stabilized and complained that landlord refused to renew her lease. Landlord claimed that the cooperative apartment tenant occupied wasn't subject to rent stabilization. The DHCR ruled for tenant, and landlord appealed. The court and appeals court ruled against landlord. Landlord admitted that the apartment hadn't been owner occupied. So it wasn't exempt from ETPA coverage.

Bonfiglio v. DHCR: NYLJ, 2/27/02, p. 21, col. 2 (App. Div.2 Dept.; Santucci, JP, Feuerstein, Goldstein, Schmidt, JJ)