Tenant in Condominium Not Protected from Eviction

December 1, 2000

LVT Number: 14560

Landlord of a condo apartment sued to evict tenant when her lease expired. Tenant claimed that she was entitled to renewal lease as a ''nonpurchasing tenant'' of a condo or co-op apartment protected by the General Business Law. The court ruled against tenant. Tenant appealed and lost. Tenant moved into the apartment five years after the building was converted to a condo. So she wasn't protected from eviction. The intent of the law was to protect nonpurchasing tenants who lived in the building at the time it was converted under a noneviction plan.

Landlord of a condo apartment sued to evict tenant when her lease expired. Tenant claimed that she was entitled to renewal lease as a ''nonpurchasing tenant'' of a condo or co-op apartment protected by the General Business Law. The court ruled against tenant. Tenant appealed and lost. Tenant moved into the apartment five years after the building was converted to a condo. So she wasn't protected from eviction. The intent of the law was to protect nonpurchasing tenants who lived in the building at the time it was converted under a noneviction plan. It wasn't the intent of the law to protect unregulated tenants who moved in well after the building was converted.

Park West Village Assocs. v. Nishoika: NYLJ, 11/3/00, p. 26, col. 2 (App. T.1 Dept.; McCooe, PJ, Davis, Gangel-Jacob, JJ)

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