Diligent efforts to contact former tenants among the factors favoring abandonment finding.
In an abandonment application, no former tenants appeared at the hearing. The evidence showed that the building was delivered to the petitioner in 1996 with no residential tenants.
Prior to the hearing, the petitioner contacted former owners as well as their attorneys and managing agents in an effort to identify and locate former tenants.
ALJ Salzman recommended that the application be granted in light of these diligent efforts and proof by a preponderance of the evidence that the departure of the tenants was voluntary and not due to coercion.
Matter of Legend Corp (in PDF), OATH Index No. 2024/08 (June 12, 2008).