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****** Act Eviction Conversion

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Misi

Member
What is the name of your state? New York

The New York Times had a mention in its Sunday Paper this week that under the ****** Act it is possible to evict a "rent regulated" tenant in a condo/coop conversion if more than 50% of existing tenants agree to buy. Is it possible to evict a rent controlled tenant in such a circumstance? thanks.
 
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Misi

Member
M a r t i n Act

Sometime I do. Also, the Times didn't make a distinction between Rent controlled and rent stabilized.
 

HomeGuru

Senior Member
What is the name of your state? New York

The New York Times had a mention in its Sunday Paper this week that under the ****** Act it is possible to evict a "rent regulated" tenant in a condo/coop conversion if more than 50% of existing tenants agree to buy. Is it possible to evict a rent controlled tenant in such a circumstance? thanks.
**A: It is possible to evict under other circumstances.
 

Misi

Member
M A R T I N ACT conversion

As the woman is paying less than 10% of market rent, she manages to pay her rent on time. Back to the original question, does anyone know whether a M.a.r.t.i.n. Act eviction possible in a condo/coop conversion for rent controlled tenant? thx.
 

You Are Guilty

Senior Member
As the woman is paying less than 10% of market rent, she manages to pay her rent on time. Back to the original question, does anyone know whether a M.a.r.t.i.n. Act eviction possible in a condo/coop conversion for rent controlled tenant? thx.
I haven't read the article, so if there's been a new change in the law, I may be wrong (I doubt it though). But to answer your question, "no", the M-Act only applies to the AG's role in the conversion process, it does not change or remove any tenants' rights.
(iii) Non-purchasing tenants who reside in dwelling units subject to government regulation as to rentals and continued occupancy prior to the conversion of the building or group of buildings or development to cooperative or condominimum [sic] ownership shall continue to be subject thereto.
(http://caselaw.lp.findlaw.com/nycodes/c44/a49.html, s. 352-eeee(2)(c) is the full statute.)
Of course, that only applies to a non-eviction plan (which is the only kind I've ever seen in NYC). Although I suppose there might be one or two eviction-plan conversions out there, and even then, you have the later of the expiration of your rent-controlled lease or three years before you'd have to leave.

On top of all that, there are separate rules for Long Island and Westchester, (but I believe they follow the NYC rules as far as rent-regulations).

Hope that made sense - it's been a long day. :)
 

You Are Guilty

Senior Member
1. That's not an article.

2. It doesn't say what you think it says.

3. It appears I was right after all.

4. What type of conversion plan is being instituted? (Even under an eviction plan, assuming they can jump through the hoops with the required purchasers, you'll still have 3 years to get out, since the longest rent-controlled leases are only 2 years).

5. Stop reading the Times, it'll rot your mind :)
 

Misi

Member
I'm Innocent

1. Maybe it's not an "article", but who cares.

2. What does it say then? I read it as saying it's possible to evict a rent controlled tenant under an eviction plan conversion if more than 50% of the tenants agree to purchase. I'm the owner/resident of of 4 unit brownstone with one rent controlled tenant. Can I convert and evict if the residents want to buy in a conversion?

3. I haven't instituted any type of conversion plan. I'm just trying to find out my legal options.

4. I'll pass on that one.
 

You Are Guilty

Senior Member
1. Maybe it's not an "article", but who cares.

2. What does it say then? I read it as saying it's possible to evict a rent controlled tenant under an eviction plan conversion if more than 50% of the tenants agree to purchase. I'm the owner/resident of of 4 unit brownstone with one rent controlled tenant. Can I convert and evict if the residents want to buy in a conversion?

3. I haven't instituted any type of conversion plan. I'm just trying to find out my legal options.

4. I'll pass on that one.
If you proceed under an eviction plan, and if you can get the other three tenants to sign on, once you jump through the rest of the AG's hoops, then the rent-controlled tenant will have three years of tenancy before they may be evicted. (Of course, the eviction process takes some time, so as a practical matter, figure it would be 3 years and 3-4 months until they were physically out.) Now, what are the odds the remaining three tenants are all willing to enter into a contract to buy their units?

As an aside, how much is the rent-controlled unit's rent? (If it's close to breaking $2k/month, it will be a lot easier for you to just wait until they price themselves out of the rent control program).
 

Misi

Member
Innocent

2k a month for a rent CONTROLLED apartment, are you nuts. She's paying $240 for an apartment that get $3000 free market. I've tried negotiating a buy out but she wouldn't even discuss it. I'm one of the four units and I think it would be pretty easy to rent to two tenants who want to buy because it's in a great school district and people are always looking to buy in my neighborhood. It would also relieve me of the responsiblity of running the whole building. If it took 4 years to evict it would be worth it. However, are you sure it works for a rent CONTROLLED tenant? thanks for the help.
 

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