Landlord Can't Recover Loft Unit

July 31, 2003

LVT Number: 16730

Landlord sued to evict loft tenant for owner occupancy. The court ruled against landlord, finding that tenant's loft wasn't subject to owner occupancy at the time that landlord started the eviction case. Landlord appealed and lost. Under Loft Board regulations, landlord had received rent guidelines increases during the legalization process. As a condition, landlord couldn't seek to recover an apartment for owner occupancy during the initial abbreviated lease term.

Landlord sued to evict loft tenant for owner occupancy. The court ruled against landlord, finding that tenant's loft wasn't subject to owner occupancy at the time that landlord started the eviction case. Landlord appealed and lost. Under Loft Board regulations, landlord had received rent guidelines increases during the legalization process. As a condition, landlord couldn't seek to recover an apartment for owner occupancy during the initial abbreviated lease term. The Loft Board set tenant's first legal regulated rent in December 1999 and directed that the first rent-stabilized lease end on May 31, 2000. So the lease landlord offered tenant in January 2000 was the initial abbreviated lease provided by the regulation. Landlord couldn't seek eviction based on owner occupancy during this lease period.

Damasco v. Berger: NYLJ, 7/29/03, p. 18, col. 2 (App. T. 1 Dept.; Suarez, PJ, Gangel-Jacob, Schoenfeld, JJ)

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