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Landlord & Tenant
No Statutory Exemption from Rent Stabilization When Tenant Is an Educational or Charitable Institution
2363 ACP Pineapple, LLC v. Iris House
NYLJ 2/24/17, p. 23, col. 1
AppTerm, First Dept.
(memorandum opinion)
In landlord's consolidated holdover proceedings against the charitable institution leasing four residential apartments, landlord appealed from Civil Court's dismissal of the proceeding. The Appellate Term affirmed, holding that the apartments were not exempt from rent stabilization.
Iris House is the tenant of record of four apartments on Adam Clayton Powell Boulevard in Manhattan. The apartments are occupied by individuals affiliated with Iris House. Landlord brought these holdover proceedings, contending that the apartments are exempt from rent stabilization under section 2520.11(f) of the Rent Stabilization Code. Civil Court dismissed the proceedings on res judicata grounds, contending that landlord's earlier nonprimary residence proceedings with respect to these apartments barred the instant holdover proceedings. Landlord appealed.
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