[DOWNLOAD] "Glennon v. Butler" by District of Columbia Court of Appeals. * eBook PDF Kindle ePub Free

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eBook details

• Title: Glennon v. Butler
• Author : District of Columbia Court of Appeals.
• Release Date : January 19, 1949
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 50 KB

Description

CAYTON, Chief Judge. We are again called upon to decide whether the purchaser of a cooperative apartment desiring it for his personal occupancy may under our local Rent Act 1 obtain a judgment of eviction against a tenant in possession thereof. In an earlier case we held that one who had purchased an apartment in a cooperative building was a 'landlord' under the Rent Act, coming under the classification of 'owner, lessor, sublessor, or other person entitled to receive rent' and as such was entitled to maintain a suit for possession of the apartment for his own personal use. Hicks v. Bigelow, D.C.Mun.App., 55 A.2d 924. We analyzed the documents by which the plaintiff had acquired her interest in the cooperative organization and held that though she had not acquired a fee simple title she was nevertheless under the Rent Act a landlord and entitled to maintain her action. We pointed out that as between plaintiff and her cooperative corporation there was in form a landlord-tenant relationship but in substance the apartments in the building were owner occupied, and that the monthly payments by stockholders really represented the cost of operating and maintaining their own property. We also pointed out that in two cases involving cooperative apartments our highest court had described the stockholders as 'owners' and as having 'legal title' to the apartments. 2 Accordingly we held that the cooperative purchaser of the apartment was not barred by any provision of the Rent Act from recovering possession thereof for her personal use.

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