Landlord Seeks Eviction of Loft Tenant for Profiteering

March 1, 2010

LVT Number: #22482

Landlord sued to evict loft tenant for profiteering and asked the court to rule without a trial. The court and first appeals court ruled against landlord. Landlord appealed again, and the court reopened the case. Landlord must prove that tenant in engaged in rent profiteering from her subtenant. While it appeared that tenant charged subtenant more than his proportionate share of the legal rent, the amount charged wasn’t more than the legal rent. So a trial was needed to determine if tenant engaged in commercial exploitation or rent profiteering.

Landlord sued to evict loft tenant for profiteering and asked the court to rule without a trial. The court and first appeals court ruled against landlord. Landlord appealed again, and the court reopened the case. Landlord must prove that tenant in engaged in rent profiteering from her subtenant. While it appeared that tenant charged subtenant more than his proportionate share of the legal rent, the amount charged wasn’t more than the legal rent. So a trial was needed to determine if tenant engaged in commercial exploitation or rent profiteering.

Ginezra Associates LLC v. Ifantopoulos: NYLJ, 2/8/10, p. 25, col. 1 (App. Div. 1 Dept.; Friedman, JP, Sweeny, Freedman, Abdus-Salaam, JJ)

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