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'Martin Act' Protection Against Eviction.

Petitioner Landlords brought a holdover proceeding, seeking to recover respondent's apartment to occupy as their primary residence. After the inception of respondent's tenancy, the building had become a cooperative through a noneviction plan. However, after a later foreclosure, petitioners became the current owners of the building. The court found that, as respondent entered into possession around October 1974, she was not subject to rent control. Her tenancy was and always had been subject to the Rent Stabilization Law Respondent argued in part that despite cessation of the building's status as a co-op, her "Martin Act" protection against eviction as a nonpurchasing tenant still applied. The court disagreed, saying once the co-op status ends, there is no basis for continuing the additional protection to nonpurchasing tenants.

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Article Details
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Publication:Real Estate Weekly
Article Type:Brief Article
Geographic Code:1USA
Date:Aug 30, 2000
Previous Article:CNA Sells Property.
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