Amended Loft Law Didn't Apply Retroactively

August 31, 2011

LVT Number: #23598

Landlord sued to evict loft tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court, which gave a judgment of possession to landlord with the eviction warrant delayed. Later, the Loft Law was amended to expand the definition of “interim multiple dwelling.” Tenant then sought to vacate the settlement agreement, claiming that he was now protected by the Loft Law. The court ruled against tenant.

Landlord sued to evict loft tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court, which gave a judgment of possession to landlord with the eviction warrant delayed. Later, the Loft Law was amended to expand the definition of “interim multiple dwelling.” Tenant then sought to vacate the settlement agreement, claiming that he was now protected by the Loft Law. The court ruled against tenant. The amended law wasn’t in effect at the time the parties signed the settlement agreement, and wasn’t made retroactive by the state legislature.

Metroeb Realty Corp. & Realty Mgmt. Co. v. Fuller: L&T Index No. 8149/09, NYLJ No. 1202511193457 (Civ. Ct. Kings; 7/12/11; Wade, J)

Topics

More like this