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In February, the Court of Appeals once again faced the application of the Rule Against Perpetuities to commercial options. This time, in Bleecker Street Tenants Corp. v. Bleeker Jones, LLC, the court held that the Rule does not apply to leasehold options to renew.
The Case
In 1983, when the subject building was converted to co-operative ownership, the co-op corporation executed a lease of first-floor commercial space. The lease was for an initial term of 14 years, and gave the tenant nine successive options to renew, each for a period of ten years. The lease entitled the tenant to exercise the options together or successively by giving the landlord written notice at least six months before the expiration date of the prior lease term. The lease also extended the time for the tenant to exercise the renewal option if the landlord did not provide notice of the option's existence at least seven months before the option's expiration. In that event, the tenant would have 60 days to exercise the option, measured from the time the landlord provided notice. If a term expired before the landlord provided notice, the tenant would become a month-to-month tenant until the landlord provided notice. As a result, the lease envisioned the possibility that the option might be exercised after expiration of the original lease term.
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