Salvation Army Residence Not Subject to Rent Stabilization

January 1, 2008

LVT Number: #20090

Tenants sued landlord The Salvation Army and sought a declaration that two residences the organization operated were rent stabilized. The court ruled against tenants. Tenants appealed and lost. The two residences owned and operated by The Salvation Army were exempt from rent stabilization because their primary use was charitable. Tenants moved into their rooms after The Salvation Army bought the buildings. Landlord didn't have to renew tenants' leases.

Tenants sued landlord The Salvation Army and sought a declaration that two residences the organization operated were rent stabilized. The court ruled against tenants. Tenants appealed and lost. The two residences owned and operated by The Salvation Army were exempt from rent stabilization because their primary use was charitable. Tenants moved into their rooms after The Salvation Army bought the buildings. Landlord didn't have to renew tenants' leases. The fact that some of the tenants were university students didn't matter, because these rentals were incidental to the primarily charitable purposes of the residences.

Candida v. The Salvation Army: NYLJ, 12/10/07, p. 31, col. 5 (App. Div. 1 Dept.; Tom, JP, Saxe, Friedman, Gonzalez, Catterson, JJ)

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