Landlord Can Seek Eviction of Loft Tenants

January 1, 2001

LVT Number: 14648

Facts: Landlord sued to evict tenants from two loft units. Landlord claimed that he needed the lofts for personal use by his family. Tenants asked the court to dismiss the case, claiming that landlord was barred from bringing an owner occupancy case because it had collected Rent Guidelines Board increases. Court: Tenants lose. Tenants had gotten the benefit of their full rent-stabilized terms, so landlord could seek eviction for owner occupancy. But tenants would be allowed to raise two other issues.

Facts: Landlord sued to evict tenants from two loft units. Landlord claimed that he needed the lofts for personal use by his family. Tenants asked the court to dismiss the case, claiming that landlord was barred from bringing an owner occupancy case because it had collected Rent Guidelines Board increases. Court: Tenants lose. Tenants had gotten the benefit of their full rent-stabilized terms, so landlord could seek eviction for owner occupancy. But tenants would be allowed to raise two other issues. They claimed that more than one landlord was seeking owner occupancy, in violation of the Rent Stabilization Code. They claimed also that landlord was warehousing units.

Kaplan v. Raab: NYLJ, 12/6/00, p. 27, col. 6 (Civ. Ct. NY; Fitzpatrick, J)

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