Eviction Case Involving Commercial Loft Belongs in Housing Court
LVT Number: #31104
Landlord sued to evict a commercial loft tenant when tenant's lease expired. Tenant claimed that she had lived in the loft at all times during her tenancy with landlord's knowledge and consent. She said the building contained six or more residential units and that she was therefore rent stabilized. Tenant asked the court to dismiss the case without a trial.
After a hearing, the court ruled for tenant. She showed that landlord knew and acquiesced to her living in the loft. So, the case should have been started in housing court. The court dismissed the commercial action without prejudice. The court denied tenant's request for attorney's fees as premature.
Glebow Realty Ass'n v. Dietrich: 2020 NY Slip Op 51172(U), NYLJ No. 1602603864 (Civ. Ct. NY; 10/7/20; Kraus, J)