Landlord Can't Evict Disabled Tenant

Landlord cooperative association sued to evict nonpurchasing tenant after building was converted to a co-op. Tenant had submitted a ``Handicapped Person Election Form,'' exempting him from having to buy his apartment in order to stay after the conversion. Landlord never challenged tenant's form. Landlord claimed it wasn't trying to evict tenant by challenging his claim of disability. Instead landlord claimed that tenant became a month-to-month tenant when his lease expired. The court dismissed landlord's petition. Landlord had accepted rent from tenant after his lease expired. More importantly, as an eligible disabled person under New York cooperative law, tenant can't be evicted without cause. Tenant's apparent refusal to renew his lease didn't create a cause for eviction because landlord continued to accept rent after tenant's lease had expired.

[Valley Park Associates v. Sontag: 588 NYS.2d 762 (10/1/92) (Dist. Ct. Nassau; Warshawsky, J)].