‘Spiritual Leader' of Corporate Tenant Lives in Apartment

January 1, 1998

LVT Number: 12015

Landlord sued to evict ''spiritual leader'' of tenant religious corporation for nonprimary residence. The court ruled against landlord without a trial, and landlord appealed. The appeals court also ruled against landlord. Landlord didn't set forth any facts in its nonrenewal notice that supported its claim of nonprimary residence. Tenant signed first lease in 1980 to use the apartment as a residence for its spiritual leader, who continued to occupy the apartment with his family. This wasn't a situation where corporate tenant used the apartment to house a series of corporate employees.

Landlord sued to evict ''spiritual leader'' of tenant religious corporation for nonprimary residence. The court ruled against landlord without a trial, and landlord appealed. The appeals court also ruled against landlord. Landlord didn't set forth any facts in its nonrenewal notice that supported its claim of nonprimary residence. Tenant signed first lease in 1980 to use the apartment as a residence for its spiritual leader, who continued to occupy the apartment with his family. This wasn't a situation where corporate tenant used the apartment to house a series of corporate employees.

Avon Bard Co. v. Aquarian Foundation: NYLJ, p. 29, col. 1 (12/3/97) (App. T. 1 Dept.; Ostrau, PJ, McCooe, Freedman, JJ)

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