Loft Board Should Decide Whether Tenant Is Protected

June 10, 2012

LVT Number: #24141

Landlord sued to evict tenant and subtenants, claiming that tenant's lease had expired. Subtenants asked the court to dismiss the case, claiming that they were protected tenants under the Loft Law. They had already started a proceeding before the NYC Loft Board to determine if they were covered residential tenants and claimed that the building was an interim multiple dwelling. The court ruled that the eviction case should be delayed.

Landlord sued to evict tenant and subtenants, claiming that tenant's lease had expired. Subtenants asked the court to dismiss the case, claiming that they were protected tenants under the Loft Law. They had already started a proceeding before the NYC Loft Board to determine if they were covered residential tenants and claimed that the building was an interim multiple dwelling. The court ruled that the eviction case should be delayed. Although the court also had the authority to rule on whether subtenants were protected under the Loft Law, the Loft Board had more expertise on this question and was already considering the issue.

Fortune JD v. Samuel John Inc.: Index No. 82860/11, NYLJ No. 1202553648355 (Civ. Ct. Kings; 4/18/12; Levine, J)

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