Landlord's Use of Loft Unit Would Violate Zoning Laws

Facts: Landlord sued to evict rent-stabilized loft tenant in SoHo. Landlord wanted to let his brother and nephew live in the apartment. Tenant claimed that landlord couldn't recover the loft for these family members and asked the court to dismiss the case. Tenant pointed out that New York City's Zoning Resolution and the building's certificate of occupancy required at least one household member of joint living-work loft quarters for artists in SoHo to be a certified artist. Neither landlord's brother nor nephew qualified. Court: Tenant wins. Although DOB didn't enforce the zoning resolution and thousands of nonartists lived in SoHo lofts in violation of it, the court couldn't make a ruling that was against the law.

Schwartz v. Seidman: NYLJ, 10/1/03, p. 18, col. 1 (Civ. Ct. NY; Bedford, J)