Home/Appellate Terms of the Supreme Court of New York/Charlotte Realty Co. v. Lubarsky

Charlotte Realty Co. v. Lubarsky

133 Misc. 2d 785, 509 N.Y.S.2d 691, 1986 N.Y. Misc. LEXIS 2949
Appellate Terms of the Supreme Court of New York·Decided September 11, 1986·Published

Opinions

OPINION OF THE COURT

Memorandum.

Final judgment affirmed, without costs.

[786] We agree with landlord’s contention that a tenant who remains in possession by virtue of the compulsion of the rent laws is a statutory tenant rather than a month-to-month tenant and the notice required by Real Property Law § 232-a would not be required to terminate such a tenancy (Whitmarsh v Farnell, 298 NY 336; Park Summit Realty Corp. v Frank, 107 Misc 2d 318, affd 84 AD2d 700, affd 56 NY2d 1025; Lewittes & Sons v Spielmann, 190 Misc 35). However, housing accommodations not occupied by the tenant as his primary residence are excluded from coverage of the New York City Rent and Rehabilitation Law (Administrative Code of City of New York § Y51-3.0 [e] [2] [i] [10]; see also, Warhit Real Estate v Krauss, 131 Misc 2d 429). Tenant, therefore, would not be a statutory tenant but a month-to-month tenant, and it was required that he be served with the 30-day notice terminating the tenancy, as well as the notice of intent to institute a summary proceeding based on nonprimary residence grounds, as provided for in the Administrative Code.

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Charlotte Realty Co. v. Lubarsky, 133 Misc. 2d 785, 509 N.Y.S.2d 691, 1986 N.Y. Misc. LEXIS 2949 (N.Y. Ct. App. 1986).

133 Misc. 2d 785 (Charlotte Realty Co. v. Lubarsky) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Whitmarsh v. Farnell
83 N.E.2d 543 (New York Court of Appeals, 1949)
Lewittes & Sons v. Spielmann
190 Misc. 35 (Appellate Terms of the Supreme Court of New York, 1947)
Park Summit Realty Corp. v. Frank
439 N.E.2d 358 (New York Court of Appeals, 1982)
Park Summit Realty Corp. v. Frank
84 A.D.2d 700 (Appellate Division of the Supreme Court of New York, 1981)
Park Summit Realty Corp. v. Frank
107 Misc. 2d 318 (Appellate Terms of the Supreme Court of New York, 1980)
Parkview Associates v. Lalor
124 Misc. 2d 998 (Civil Court of the City of New York, 1984)
G. Warhit Real Estate, Inc. v. Krauss
131 Misc. 2d 429 (Appellate Terms of the Supreme Court of New York, 1985)