Landlord Can't Sue Tenant for Rent

January 1, 1995

LVT Number: 9359

Landlord sued to evict tenant from loft unit for nonpayment of rent. The lower court dismissed the case because landlord hadn't complied with the owner obligation provisions of the Loft Law. Landlord appealed. The appeals court agreed that the case should be dismissed, but ruled that landlord could start a new proceeding in which landlord could argue that tenant wasn't covered under the Loft Law. Tenant appealed, and the court ruled for her. Since landlord didn't comply with the Loft Law's owner obligation provisions, the court had properly dismissed its nonpayment case.

Landlord sued to evict tenant from loft unit for nonpayment of rent. The lower court dismissed the case because landlord hadn't complied with the owner obligation provisions of the Loft Law. Landlord appealed. The appeals court agreed that the case should be dismissed, but ruled that landlord could start a new proceeding in which landlord could argue that tenant wasn't covered under the Loft Law. Tenant appealed, and the court ruled for her. Since landlord didn't comply with the Loft Law's owner obligation provisions, the court had properly dismissed its nonpayment case. And the appellate court wasn't authorized to review the issue of Loft Law coverage.

Matter of Fink: NYLJ, p. 32, col. 3 (12/5/94) (App. Div. 2 Dept.; Sullivan, JP, Rosenblatt, Pizzuto, Altman, JJ)

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