The respondent moved into the apartment in November 1982, after the time in which the premises were converted to cooperative ownership, according to the petitioner. The petitioner asserts that respondent was never offered the apartment for sale. The petitioner also argues that the building is exempt from the rent stabilization law under Rent Stabilization Code § 2520.11 (l) because it has an approved eviction plan under General Obligations Law § 352-eeee.
Rent Stabilization Code § 2522.5 (h) states,
"Leases for housing accommodations in cooperative- or condominium-owned buildings, or in a building for which the Attorney General has accepted for filing a plan to convert the building to cooperative or condominium ownership. [Emphasis in original.]
"(1) An owner of one or more housing accommodations subject to this Code may evict the tenant of such housing accommodation and/or refuse to renew a lease therefor, if such housing accommodation is in a building, group of buildings or development which is the subject of an Eviction Plan for conversion to cooperative or condominium ownership under General Business Law, section 352-eeee (hereinafter 'section 352-eeee’), provided:
"(i) The Attorney General has accepted for filing a plan to convert the building, group of buildings or development to cooperative or condominium ownership and an amendment declaring the plan effective as an Eviction Plan has been accepted for filing and a closing has been held thereunder; and
"(ii) three years have elapsed from the date on which the Attorney General has accepted for filing an amendment declaring the plan effective as an Eviction Plan, and at such time or thereafter the tenant’s lease has expired or has been cancelled pursuant to paragraph (2) of this subdivision [h].