Tenant of Briarcliff Manor Co-op Not Rent Stabilized

Landlord sued to evict tenant from a cooperative apartment located in the Village of Briarcliff Manor after tenant's lease expired. Tenant asked the court to dismiss the case. She claimed that landlord had no standing to start the eviction case because it wasn't the proprietary lessee or shareholder. Tenant also argued that she was rent stabilized under the Briarcliff Manor Fair Rental Agreement (BFRA). Tenant also claimed that landlord didn't offer her a renewal lease under a reasonable rent, in violation of the Martin Act. The court ruled for tenant and dismissed the case. Landlord appealed and won. Real Property Actions and Proceedings Law Section 721(1) allows a "landlord or lessor" to file an eviction proceeding. Because tenant had a letter agreement with landlord to rent the apartment, landlord was the lessor and entitled to file the eviction proceeding. In addition, tenant wasn't covered by rent stabilization. The BFRA covered only those apartments occupied by tenants at the time a building converted to cooperative or condominium ownership. The building was converted to a co-op in 1984, and tenant didn't move in until 1997. Landlord also had complied with the Martin Act requirement to offer tenant a renewal lease at a rent increase that wasn't unconscionable.

100 Apartment Associates, Inc. v. Estavillo: NYLJ, 12/18/07, p. 34, col. 2 (App. T. 2 Dept.; Rudolph, PJ, LaCava, Scheinkman, JJ)