Landlord Didn't Harass Tenants in Loft Building

June 30, 1993

LVT Number: 7094

The Loft Board ruled that landlord harassed tenants, and fined landlord $3,000. Landlord allowed a catering hall to operate on the 12th floor of the mixed-use loft building. Residential tenants complained of noise, disruption, and inconveniences caused by large groups of people coming and going to that floor. Landlord appealed, and the court revoked the harassment finding. There was no proof that landlord intended to get tenants to move out or to waive any of their rights. This was required for a harassment finding under Real Property Law section 235-(d) (1).

The Loft Board ruled that landlord harassed tenants, and fined landlord $3,000. Landlord allowed a catering hall to operate on the 12th floor of the mixed-use loft building. Residential tenants complained of noise, disruption, and inconveniences caused by large groups of people coming and going to that floor. Landlord appealed, and the court revoked the harassment finding. There was no proof that landlord intended to get tenants to move out or to waive any of their rights. This was required for a harassment finding under Real Property Law section 235-(d) (1).

Matter of Basch v. New York City Loft Board: NYLJ, p. 26, col. 3 (6/21/93) (App. Div. 1 Dept.; Rosenberger, JP, Kupferman, Asch, Rubin, JJ)

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