Landlord Can Seek Eviction of Tenants

January 1, 1993

LVT Number: 6614

Facts: Landlord sued to evict several loft tenants. The tenants became subject to the Loft Law by a 1987 amendment to Article 7-C of the Multiple Dwelling Law. This amendment extended loft coverage to certain tenants not previously covered. When landlord brought his actions, he stated in his petitions that he was contesting tenants' coverage under Article 7-C. While landlord's cases were pending, the City of New York challenged the constitutionality of Article 7-C in a separate court action. The challenge was dismissed.

Facts: Landlord sued to evict several loft tenants. The tenants became subject to the Loft Law by a 1987 amendment to Article 7-C of the Multiple Dwelling Law. This amendment extended loft coverage to certain tenants not previously covered. When landlord brought his actions, he stated in his petitions that he was contesting tenants' coverage under Article 7-C. While landlord's cases were pending, the City of New York challenged the constitutionality of Article 7-C in a separate court action. The challenge was dismissed. Landlord then asked the court for permission to amend his petitions to state that Article 7-C was applicable. The trial court denied landlord's request and dismissed his petitions. Landlord appealed. Court: Landlord wins. Landlord should have been allowed to amend his petitions. Landlord may go forward with his eviction actions.

[Baer v. Gotham Craftsman Limited: NYLJ, p. 21, col. 3 (12/15/92) (App. T. 1 Dept.; Ostrau, PJ, Riccobono, Parness, JJ)].

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