Loft Is Rent Regulated Despite Sale of Improvements

December 1, 2008

LVT Number: #20874

Landlord appealed a decision of the New York City Loft Board that tenant's loft was subject to rent regulation. Landlord claimed that because prior tenant sold the loft improvements to prior landlord, the loft was unregulated. The court ruled against landlord. Prior tenant sold prior landlord only the improvements, and not the rights, to the loft. And while landlord claimed that there was a sale of the rights to the loft, no one ever filed a record of the sale with the Loft Board, as required by 29 RCNY 2-10. Tenant is entitled to rent-regulated status under 29 RCNY 2-09(b)(3)(i).

Landlord appealed a decision of the New York City Loft Board that tenant's loft was subject to rent regulation. Landlord claimed that because prior tenant sold the loft improvements to prior landlord, the loft was unregulated. The court ruled against landlord. Prior tenant sold prior landlord only the improvements, and not the rights, to the loft. And while landlord claimed that there was a sale of the rights to the loft, no one ever filed a record of the sale with the Loft Board, as required by 29 RCNY 2-10. Tenant is entitled to rent-regulated status under 29 RCNY 2-09(b)(3)(i).

97 Wooster Corp. v. NYC Loft Board: NYLJ, 11/20/08, p. 35, col. 2 (App. Div.2 Dept.; Tom, JP, Andrias, Friedman, Catterson, Acosta, JJ)

Topics

More like this