Posted by Lori on February 10, 1999 at 06:00:32:
Housing court has no statutory jurisdiction over co-op "owners" (as opposed to co-op tenants." If you are a co-op owner who was evicted by a summary proceeding in the housing court instead of a plenary proceeding in a higher court, please contact me. Refer to RPAPL Sec. 713. Co-op is not "real property." See also Prosnitz v. Augustus, CC:Bx Housing Part 18, Judge Fiorella (NYLJ 1/28/98): "Conspicuously absent from this section is any reference to a condominium owner and its right to commence the instant holdover proceeding since there is undisputably no landlord and tenantrelationship between the parties...Petitioner lacks standing beforeo this court to maintain a summary eviction proceeding for payment of common charges."
If a condo, who is closer to "real property" than a co-op which is not real property, but personal property, as a matter of law, cannot use housing court to evict, how the hell can a co-op? Only with a corrupt judge or judges!
Note: Posting is disabled in all archives
Post a Followup