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Re: Rent-Stab Coop Confusion: RPAPL 721.1.

Posted by DK on February 02, 1999 at 12:47:46:

In Reply to: Rent-Stab Coop Confusion: RPAPL 721.1. posted by Anna on February 02, 1999 at 10:37:22:

There's a lot more information you could provide. Is this a non-payment or a holdover? What is the landlord's claim against you, that is, why aren't you paying rent or why do they want to evict you?

You are right that RPAPL 721 applies. Ordinarily a case will be dismissed if the petitioner is not the correct party, although it is also possible to amend the petition to insert the correct party.

You wrote ":3. If Sponsor only is "landlord" case continues and no lease renewal since coop was declared effective is valid/legal?" I don't have a clue what you are trying to say or ask. If you are trying to determine whether you have the right to a renewal lease after a co-op conversion, you need to provide more information to avoid a very complex answer.

When did you move into the apartment? (what stage of the offering plan process)

Who rented the apartment to you? (the owner of the building or a subtenant)

Was the plan an eviction or non-eviction plan?

Who owns the shares for the apartment now?

: Me: NYC rent-stabilized pre-conversion tenant, withholding rent.
: Them: now, that's the question! RPAPL 721.1.

: Short version: Housing Court papers list Sponsor as "landlord".
: Lease Renewals & Rent Bills dated before & after court papers list "human person" as "landlord".
: Sponsor has NEVER been "landlord" on LR or RB, "human person" is not a principal in Sponsor per Offering Plan.
: Sponsor has not informed me of any transfer of shares. (all of them have same "managing agent", address, tel number)

: 1. Can BOTH be "landlord" & what documents will they need to prove that?

: 2. If "human person" only is "landlord": case dismissed, no right to sue?

: 3. If Sponsor only is "landlord": case continues and no lease renewal since coop was declared effective is valid/legal?

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