Posted by Mark Smith on November 14, 1999 at 10:12:07:
In the Real Estate section of The New York Times, Sunday, November 14, 1999, Jay Romano has an excellent article about the
decision of the Appellate Term (for Brooklyn and Queens) in Paikoff v. Harris, which held that tenants who rent apartments
from the sponsor after a co-op or condo conversion have a right to renew their leases at reasonable rents. The decision in
the lower court and in the Appellate Term are summarized in Housing Court Decisions on Tenant.Net.
There are quotes from
several attorneys, including Daphna Zekaria, who is a partner with Collen McGuire, who is one of the attorneys who summarize
Housing Court Decisions on Tenant.Net.
Unfortunately, none of the attorneys addressed an issued that I have previously
raised. The Appellate Term ordered the tenants to be evicted because it held that the landlord offered a renewal lease at a
reasonable rent. How is a tenant to challenge the reasonability of the proposed rent without risking eviction? I assume that
the tenant would have to go to state Supreme Court and seek a declaratory judgment that the proposed rent is unreasonable.
or click on the link below, until
Saturday, November 20, 1999
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