Landlord Claims Apartment Used as Artist's Studio

February 1, 2000

LVT Number: 13830

Landlord sued to evict tenant, claiming that tenant used the apartment for nonresidential commercial use. Tenant lived in the studio apartment, but had also created artwork there for 30 years. No employees, clients, messengers, or delivery people visited the apartment. Tenant didn't use heavy commercial art equipment or disturb neighbors. The court ruled against landlord. Tenant's use of the apartment as an artist's studio didn't substantially affect the character of the building, damage property, or disturb other tenants.

Landlord sued to evict tenant, claiming that tenant used the apartment for nonresidential commercial use. Tenant lived in the studio apartment, but had also created artwork there for 30 years. No employees, clients, messengers, or delivery people visited the apartment. Tenant didn't use heavy commercial art equipment or disturb neighbors. The court ruled against landlord. Tenant's use of the apartment as an artist's studio didn't substantially affect the character of the building, damage property, or disturb other tenants.

Haberman v. Gotbaum: 698 NYS2d 406 (Civ. Ct. NY 1999; Ling-Cohan, J)

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