Tenant Purchased Apartment

April 30, 1999

LVT Number: 13179

Mortgage holder sued to evict cooperative apartment owner and his wife after it foreclosed on the apartment. Both husband and wife had lived in the apartment as rent-stabilized tenants until husband bought the apartment. The wife now claimed that she couldn't be evicted because she continued to be a rent-stabilized tenant since only her husband had purchased the apartment shares. The court and appeals court ruled against apartment owner's wife. Her interest in the apartment was joined with her husband's at the time of the co-op conversion.

Mortgage holder sued to evict cooperative apartment owner and his wife after it foreclosed on the apartment. Both husband and wife had lived in the apartment as rent-stabilized tenants until husband bought the apartment. The wife now claimed that she couldn't be evicted because she continued to be a rent-stabilized tenant since only her husband had purchased the apartment shares. The court and appeals court ruled against apartment owner's wife. Her interest in the apartment was joined with her husband's at the time of the co-op conversion. She couldn't claim rent stabilization status to avoid the result of the foreclosure.

EMC Mortgage Corp. v. Carr: NYLJ, p. 26, col. 1 (4/6/99) (App. T. 1 Dept.; Freedman, JP, Davis, J)

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