Nonpurchasing Tenant in Co-op Not Protected

LVT Number: 15748

Landlord sued to evict tenant when his lease ended. Landlord, which was the sponsor, claimed that tenant occupied an unregulated apartment in a cooperative building. Tenant asked the court to dismiss the case. He claimed that he was entitled, under the Martin Act, to the same protection from eviction given nonpurchasing rent-controlled or rent-stabilized tenants. The court ruled against tenant. Neither the Martin Act nor prior case law required landlord-sponsor to send tenant a cure notice before starting an eviction case.

Landlord sued to evict tenant when his lease ended. Landlord, which was the sponsor, claimed that tenant occupied an unregulated apartment in a cooperative building. Tenant asked the court to dismiss the case. He claimed that he was entitled, under the Martin Act, to the same protection from eviction given nonpurchasing rent-controlled or rent-stabilized tenants. The court ruled against tenant. Neither the Martin Act nor prior case law required landlord-sponsor to send tenant a cure notice before starting an eviction case.

Thirty Partners, Inc. v. Grobman: NYLJ, 3/13/02, p. 19, col. 5 (Civ. Ct. Kings; Pinckney, J)