Commercial Tenants Might Be Subject to Rent Stabilization

May 31, 2008

LVT Number: #20447

Landlord sued to evict tenants from loft building. Landlord claimed that tenants were commercial because they moved into the building after the window period for residential loft law coverage. Tenants lived in a unit that consisted of two bedrooms, a full kitchen, and a full bathroom. They admitted that they weren't protected by the Loft Law but argued that they were protected by the ETPA. Landlord asked the court to decide the case without a trial, arguing that tenants' claim was invalid. The court ruled against landlord. It was undisputed that the Loft Law didn't apply to tenants' unit.

Landlord sued to evict tenants from loft building. Landlord claimed that tenants were commercial because they moved into the building after the window period for residential loft law coverage. Tenants lived in a unit that consisted of two bedrooms, a full kitchen, and a full bathroom. They admitted that they weren't protected by the Loft Law but argued that they were protected by the ETPA. Landlord asked the court to decide the case without a trial, arguing that tenants' claim was invalid. The court ruled against landlord. It was undisputed that the Loft Law didn't apply to tenants' unit. But if tenants showed that their residential unit could be legalized and what work was needed to do so, they may be subject to rent stabilization coverage. A trial or further hearing was needed to determine the facts.

Dafna LLC v. Sussman: NYLJ, 5/7/08, p. 32, col. 3 (Civ. Ct. Kings; Heymann, J)

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