Landlord Claimed Building Substantially Rehabilitated

February 1, 2001

LVT Number: 14754

Landlord sued to evict loft tenants, claiming that they were commercial tenants. Tenants, who lived in the loft units, asked the court to dismiss the case without a trial. The court ruled for tenants and dismissed the case. Although tenants weren't protected by the Loft Law, the building was built before 1974 and contained six or more units. Landlord appealed, claiming that a trial was needed to determine the facts. Landlord claimed that the building was substantially rehabilitated after Jan. 1, 1974, and therefore was exempt from stabilization.

Landlord sued to evict loft tenants, claiming that they were commercial tenants. Tenants, who lived in the loft units, asked the court to dismiss the case without a trial. The court ruled for tenants and dismissed the case. Although tenants weren't protected by the Loft Law, the building was built before 1974 and contained six or more units. Landlord appealed, claiming that a trial was needed to determine the facts. Landlord claimed that the building was substantially rehabilitated after Jan. 1, 1974, and therefore was exempt from stabilization. The appeals court ruled for landlord and sent the case back for a trial.

Tan Holding Corp. v. Wallace: NYLJ, 1/16/01, p. 25, col. 3 (App. T.1 Dept.; Parness, PJ, Davis, Suarez, JJ)

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