Building Covered Under Loft Law

April 30, 2000

LVT Number: 14057

Landlord sued to evict loft tenant. Landlord claimed that the building wasn't subject to any regulation. Tenant claimed that the building was an interim multiple dwelling covered by the loft law. Tenant had used the second-floor loft as his home and art studio since 1964. The 1946 certificate of occupancy (C of O) said that the second floor was ''offices'' and the third and fourth floors were apartments. The court dismissed the case. Although the building didn't have a residential C of O, the Loft Law protections were still triggered, since tenant lived in the loft space.

Landlord sued to evict loft tenant. Landlord claimed that the building wasn't subject to any regulation. Tenant claimed that the building was an interim multiple dwelling covered by the loft law. Tenant had used the second-floor loft as his home and art studio since 1964. The 1946 certificate of occupancy (C of O) said that the second floor was ''offices'' and the third and fourth floors were apartments. The court dismissed the case. Although the building didn't have a residential C of O, the Loft Law protections were still triggered, since tenant lived in the loft space. And the court said it had the authority to decide the case; the case didn't have to go to the Loft Board.

287 Hudson Realty Corp. v. Golfinopoulos: NYLJ, 4/19/00, p. 26, col. 3 (Sup. Ct. NY; DeGrasse, J)

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