Landlord's 11th Motion to Remove 7A Administrator Denied by Court

Tenants sued landlord, seeking appointment of an Article 7A administrator for their building. The court appointed a 7A administrator, and landlord later asked the court to remove the administrator and reinstate landlord as building manager. The court ruled against landlord, finding that he hadn’t shown that he had the financial resources to maintain the building. Less than six months later, landlord renewed its request to remove the 7A administrator. The administrator objected and pointed out that landlord had made the same request 11 times since the administrator was appointed. The court ruled against landlord. Landlord still didn’t show it had the financial resources to properly manage the building, and failed to demonstrate any facts supporting its claim that tenants and the 7A administrator were committing fraud. Landlord also had substantial violations and an outstanding DHCR rent reduction order at other buildings that it owned. This indicated that it would not be in the best interest of building tenants or the public to remove the 7A administrator.

Matter of Morataya: 2016 NY Slip Op 26221, 2016 WL 3765722 (Civ. Ct. Kings; 7/13/16; Avery, J)