December 11, 2007

Saved!.

The First Department affirmed that two residences owned and operated by defendant were exempt from the Rent Stabilization Law since the primary use of the residences was charitable, in Candida v Salvation Army, which was decided on December 6, 2007. Because the tenants' initial occupancies commenced after defendant acquired the residences, they were exempt from the operation of the Rent Stabilization Law and defendant was entitled to refuse to renew the tenants' leases, pursuant to New York City Administrative Code § 26-511[c][9][c][i]. Furthermore, said the court, the leasing of some of the rooms in the residences to university students was incidental to the primarily charitable purpose of the residences, and did not deny defendant the benefit of exemption from the Rent Stabilization Law.