Loft Building Not Covered

February 1, 2001

LVT Number: 14756

Facts: Landlord sued to evict commercial loft tenants when their lease expired. Tenants claimed that they lived in the loft, that the building should be considered a multiple dwelling, and that they were entitled to a rent-stabilized renewal lease. Court: Tenants lose. They aren't covered by the Loft Law because the building wasn't occupied for residential purposes between April 1, 1980, and Dec. 1, 1981, and didn't have residential occupants on May 1, 1987, in units occupied residentially since Dec. 1, 1981. Also, the building wasn't zoned for Loft Law protection.

Facts: Landlord sued to evict commercial loft tenants when their lease expired. Tenants claimed that they lived in the loft, that the building should be considered a multiple dwelling, and that they were entitled to a rent-stabilized renewal lease. Court: Tenants lose. They aren't covered by the Loft Law because the building wasn't occupied for residential purposes between April 1, 1980, and Dec. 1, 1981, and didn't have residential occupants on May 1, 1987, in units occupied residentially since Dec. 1, 1981. Also, the building wasn't zoned for Loft Law protection. And the lease limited use of the loft to commercial use.

302-304 Met. Assoc., Inc. v. Butler: NYLJ, 1/3/01, p. 24, col. 2 (Sup. Ct. Kings; Knipel, J)

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