Tower 53 Associates v. Bennett

OPINION OF THE COURT

David B. Saxe, J.

The issue that I am asked to resolve is whether General Business Law § 352-eeee (2) (c) (ii) prevents the landlord, owner of a condominium unit, from starting a holdover proceeding based upon the failure of the nonpurchasing occupant to maintain the premises as a primary residence.

The thrust of General Business Law § 352-eeee (2) (c) (ii) is to protect a nonpurchasing tenant from an early termination of his tenancy or the eviction of that tenant based solely upon a decision not to purchase the apartment. That section provides: “(ii) No eviction proceedings…