Osorio v. Atkinson Housing Co-operative Inc.

The respondent conceded that the Board did not have jurisdiction to evict the appellant when it found he was not a co-op member.

In March 2022, the co-op discovered the appellant's ex-spouse had moved out of the unit in February 2021. It also had information the appellant was living in the unit, but he had not applied to be reinstated as a member of the co-op.

The appellant argued that the Board lacked jurisdiction to evict him, erred in determining he was not entitled to notice of the initial hearing, erred in finding he was not a member of the co-op, and erred in failing to consider whether his notice to resign his membership was valid.

The appellant left the unit in approximately August 2011 due to a restraining order associated with domestic violence. In 2018, he provided written confirmation to the co-op that he had not resided in the unit since August 2011 and agreed to resign his membership.