Landlord Can Eject Tenant from Eight Loft Units

Landlord gave rent-regulated loft tenant leases for nine loft units. Tenant claimed that for over 20 years he paid rent for all units to landlord, while landlord failed to bring the building into compliance with the Loft Law. Landlord started eviction proceedings against tenant, who then asked the State Supreme Court to stay all eviction proceedings. Landlord, in turn, argued that it should be allowed to eject tenant from the loft units because he didn’t use any of them as his primary residence. The court ruled for landlord in part. Landlord could eject tenant from eight of the units, since tenant clearly didn’t live in those and it was undisputed that he rented them out under leases that had expired. But a trial was needed to determine whether tenant lived in the ninth unit as his primary residence.

Glynn v. 177 W. 26th St. Realty Corp.: Index No. 106701/2010, NYLJ No. 1202511946753 (Sup. Ct. NY; 8/8/11; Rakower, J)