Nonpurchasing Month-to-Month Tenant Can Remain in Condo Under Martin Act

Landlord sued to evict month-to-month tenant. Tenant claimed that he was entitled to protection from eviction under The Martin Act. The court ruled for tenant and dismissed the case. Tenant moved into the apartment under a one-year lease starting May 1, 2011. The lease was renewed for another year before tenant remained as a month-to-month tenant. The apartment was exempt from rent regulation. The building was converted to condominium ownership under a non-eviction plan accepted for filing by the Attorney General on May 6, 2014. On that date, tenant was a month-to-month tenant entitled to possession. Landlord’s termination notice was dated Nov. 25, 2014. The Martin Act reflects a public interest in protecting tenants properly in possession who don't wish or who are unable to purchase their units. Here, tenant qualified as a nonpurchasing tenant who wasn’t subject to eviction.

300 East 64th Street Partners, LLC v. Boissevain: 2016 NY Slip Op 26078, 2016 WL 1047732 (Civ. Ct. NY; 3/15/16; Kraus, J)