A provision in a co-op’s proprietary lease banning child care centers from the building is unenforceable because the state law creates a “strong public policy” favoring day care, a Bronx housing court judge has held.
Judge Timmie Erin Elsner (See Profile) ruled June 5 in Waldo Gardens v. Burns, 71274/11, that Waldo Gardens, a Mitchell-Lama co-op complex in the Riverdale section of the Bronx, can’t evict a shareholder for operating a group child care center in her 15th-floor apartment.
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