Landlord Knew of Tenant's Residential Use of Commercial Unit

February 1, 2004

LVT Number: 17125

Landlord sued to evict loft tenant after his commercial lease ended. Tenant claimed that he was rent stabilized and asked the court to dismiss the case without a trial. The court ruled for tenant. Landlord had approved tenant's bathroom renovations and saw tenant's residential use of the loft. Landlord also had sent tenant a notice to cure residential occupancy in 2001 but never followed up with an eviction case. Instead, landlord continued to accept rent from tenant for two more years with knowledge of tenant's residential use of the loft.

Landlord sued to evict loft tenant after his commercial lease ended. Tenant claimed that he was rent stabilized and asked the court to dismiss the case without a trial. The court ruled for tenant. Landlord had approved tenant's bathroom renovations and saw tenant's residential use of the loft. Landlord also had sent tenant a notice to cure residential occupancy in 2001 but never followed up with an eviction case. Instead, landlord continued to accept rent from tenant for two more years with knowledge of tenant's residential use of the loft. Tenant was protected by the rent-stabilization and loft laws.

Gindi v. Bateman: NYLJ, 1/29/04, p. 20, col. 1 (Civ. Ct. NY; Smith, J)

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