Landlord Must Accept Incoming Tenant

May 31, 1996

LVT Number: 10619

Prior loft tenant agreed to sell apartment improvements to proposed new tenant. Landlord later rejected new tenant and signed an agreement with prior tenant to keep the fixtures. New tenant sued landlord to obtain compliance with the original agreement. The court ruled for tenant, and landlord appealed. The appeals court ruled against landlord. Landlord was required by Loft Board regulations within 20 days of new tenant's offer to either match new tenant's offer on the fixtures, challenge the fair market value before the Loft Board, or sue in opposition to the new tenant in court.

Prior loft tenant agreed to sell apartment improvements to proposed new tenant. Landlord later rejected new tenant and signed an agreement with prior tenant to keep the fixtures. New tenant sued landlord to obtain compliance with the original agreement. The court ruled for tenant, and landlord appealed. The appeals court ruled against landlord. Landlord was required by Loft Board regulations within 20 days of new tenant's offer to either match new tenant's offer on the fixtures, challenge the fair market value before the Loft Board, or sue in opposition to the new tenant in court. Landlord didn't take any of these actions. Therefore landlord must accept new tenant and the sale of improvements to him.

Ross v. Wolfe: NYLJ, p. 29, col. 3 (5/6/96) (App. Div. 1 Dept.; Sullivan, JP, Ellerin, Rubin, Ross, Nardelli, JJ)

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