Tenants in 'Unsold' condo units can be evicted by new owner.
Petitioner Landlord bought unsold condominium units from the sponsor. In these six holdover proceedings, petitioner moved for summary judgement and a finding that the leases between the parties had expired and the tenancies had terminated. Tenants moved to dismiss the proceedings, arguing that they are conisidered "non-purchasing tenants" as defined in the "Martin Act" and are thus protected from eviction. The court concluded that respondents were not nonpurchasing tenants. It noted that none of them were residents when the condominium plan was ultimately declared effective by the Attorney General's office. It also said that dismissal of the petitions on the ground advanced by respondents would endow them with a perpetual tenancy exempt from the limitations set forth in the lease itself. Landlord was granted the summary judgement.
NY Law Journal