Building Not Zoned for Residential Use

April 1, 2003

LVT Number: 16484

Tenants sued landlord, seeking a declaration that they were rent stabilized. The court ruled against tenants. Tenants appealed and lost. Tenants' building didn't have a residential C of O and was located in a zoning district that permitted only light manufacturing and joint living/work quarters for artists. Tenants weren't artists and didn't claim Loft Law protection. They claimed that they were rent stabilized simply because they lived in ''housing accommodations'' in the building. Rent stabilization coverage doesn't apply to illegal tenancies that are incapable of becoming legal.

Tenants sued landlord, seeking a declaration that they were rent stabilized. The court ruled against tenants. Tenants appealed and lost. Tenants' building didn't have a residential C of O and was located in a zoning district that permitted only light manufacturing and joint living/work quarters for artists. Tenants weren't artists and didn't claim Loft Law protection. They claimed that they were rent stabilized simply because they lived in ''housing accommodations'' in the building. Rent stabilization coverage doesn't apply to illegal tenancies that are incapable of becoming legal.

Wolinsky v. Leven: NYLJ, 3/3/03, p. 19, col. 3 (App. Div. 1 Dept.; Andrias, JP, Buckley, Williams, Friedman, JJ)

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