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144 Misc. 2d 731; 545 N.Y.S.2d 509; 1989 N.Y. Misc. LEXIS 527

Citation
144 Misc. 2d 731; 545 N.Y.S.2d 509; 1989 N.Y. Misc. LEXIS 527
Jurisdiction
New York (state)
Source verification
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Full Text

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OPINION OF THE COURT
Louis B. York, J.

Respondent moves the court for summary judgment. The respondent asserts that he is a rent-stabilized tenant and the *732petition does not state any reason for the eviction pursuant to Rent Stabilization Code (9 NYCRR) §2524.3, which must result in the court granting his motion. Attached to respondent’s moving papers is an apartment registration issued by the New York State Division of Housing and Community Renewal (DHCR) dated June 19, 1985 indicating that the apartment is rent stabilized. Although not germane to the issues before the court, the respondent also asserts that he should be permitted to purchase his apartment.

Respondent moved into his apartment in November 1982. The last lease offered to respondent by the petitioner began November 1, 1982 and expired November 1, 1984. No renewal lease was ever sent to respondent since that time. The respondent states that the building is part of a tenant interim lease program (TIL) and he was given the opportunity of buying his apartment for $250 but because his rent was in arrears, this did not occur.

The petitioner asserts that respondent is not a rent-stabilized tenant, that this is a summary holdover proceeding predicated upon a month-to-month tenancy. It is undisputed that the City of New York (City) owned the apartment building before the cooperative conversion. The petitioner points to a prior case brought by petitioner in which the Civil Court found that another unrelated tenant in the subject building was found to be a month-to-month tenant. In that case a stipulation was in issue which is distinguishable from the facts in this case.