5 employees. Petitioner provides laundry facilities for its tenant-shareholders. Petitioner is not required to rebate to its members the excess of its charges collected from them over its operating costs, and its members have no right to receive those distributions. B. Petitioner's Proprietary Lease Petitioner's tenant-shareholders, because of their ownership of stock in the corporation, may have proprietary leases2 which entitle them to live in an apartment of petitioner. Each shareholder must sign a proprietary lease with petitioner. The proprietary lease used by petitioner during the years in issue referred to tenants as "lessees". It required each lessee to pay rent (called "maintenance") in equal monthly installments. A lessee could occupy only the apartment he or she leased. Monthly rent equaled the lessee's pro rata share of "the estimated amount in cash which the Directors * * * determine to be necessary" to operate, maintain and improve the property, and to create a reserve for contingencies, repairs, and replacements. The lease provided that petitioner's Board of Directors "from time to time in its judgment" shall determine the annual obligation of each lessee. The lease authorizes the Board of 2 A proprietary lease allows a shareholder in a cooperative to possess an apartment in the cooperative. Black's Law Dictionary 890 (6th ed. 1990).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011