Landlord Can't Collect Rent

March 1, 1995

LVT Number: 9515

Landlord sued to evict 16 loft tenants for nonpayment of rent. Tenants asked the court to dismiss the case without a trial, arguing that landlord wasn't entitled to collect the rents because the building didn't comply with the Loft Law. The court agreed to dismiss the case, and landlord appealed. Landlord loses. Landlord withdrew its application for the special permit that would have brought the building into compliance with the Loft Law, and had never resubmitted it. So, landlord can't sue tenants for rent.

Landlord sued to evict 16 loft tenants for nonpayment of rent. Tenants asked the court to dismiss the case without a trial, arguing that landlord wasn't entitled to collect the rents because the building didn't comply with the Loft Law. The court agreed to dismiss the case, and landlord appealed. Landlord loses. Landlord withdrew its application for the special permit that would have brought the building into compliance with the Loft Law, and had never resubmitted it. So, landlord can't sue tenants for rent.

640 Broadway Renaissance Co. v. Eisner: NYLJ, p. 26, col. 1 (2/9/95) (App. Div. 1 Dept.; Murphy, JP, Sullivan, Rosenberger, Ross, JJ)

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