What are the rights of a rent-controlled tenant (under 62 and not disabled) in a condo conversion in NY?

Question

Can the tenant remain indefinitely if (s)he does not purchase? Or must (s)he move after 3 years?

Answer 1

It depends on the type of conversion (eviction or non-eviction) and exactly where in NY you are located. For instance, your rights in NYC are drastically different than if you live in some upstate podunk town.

The short answer is that if the sponsor has an eviction plan type of conversion, the earliest they can start eviction proceedings is 3 years after the date the plan becomes effective. Depending on where in NY you live, you may have additional rights.

Read section 3 and 4 of this handbook from the AG's office regarding conversions.

http://www.oag.state.ny.us/realestate/conversion.html

"What does your rental agreement say? The courts will go by that."

Noooooo ......

The courts go by the law, and many leases are contrary to the law. If a clause in a lease is contrary to law, it is unenforceable.

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I tried to respond to your e-mail, but since your e-mail is not confirmed, it would not go through.

I am a real estate and landlord/tenant paralegal in NY and NJ, but my knowledge of conversions is pretty limited to general knowledge of the process.

You really should speak with someone who is an expert in tenants rights under conversions in NYC lest you get more dangerously wrong answers like the one above telling you to "look at your rental agreement".

Answer 2

What does your rental agreement say? The courts will go by that.