Illegally Converted Loft Unit Not Covered

June 30, 2005

LVT Number: 18223

Landlord sued to evict loft tenant. Tenant claimed that he was protected by the Loft Law and the ETPA, and asked the court to dismiss the case. The court ruled for tenant. Landlord appealed and won. The loft unit was illegally converted. So it wasn't subject to the Loft Law or the ETPA. Still, there were questions concerning whether the lease between landlord and tenant was for an illegal purpose. So the case was sent back for trial on that issue.

Landlord sued to evict loft tenant. Tenant claimed that he was protected by the Loft Law and the ETPA, and asked the court to dismiss the case. The court ruled for tenant. Landlord appealed and won. The loft unit was illegally converted. So it wasn't subject to the Loft Law or the ETPA. Still, there were questions concerning whether the lease between landlord and tenant was for an illegal purpose. So the case was sent back for trial on that issue.

Gloveman Realty Corp. v. Jeffreys: NYLJ, 6/6/05, p. 40, col. 4 (App. Div. 2 Dept.; Miller, JP, Rivera, Spolzino, Skelos, JJ)

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