Loft Tenant Can't Waive Rights

January 1, 2005

LVT Number: 17844

Landlord sued to evict month-to-month loft tenant. Landlord claimed that even though building was an IMD, tenant had waived loft law coverage by illegally occupying the unit for residential purposes in a commercial zone. Tenant claimed that he was subject to rent stabilization. Landlord argued that tenant couldn't be rent stabilized since the tenancy was illegal and incapable of becoming legal. The court ruled for tenant and dismissed the case. In this case, the building could be legalized and tenant couldn't have waived his rights under rent stabilization.

Landlord sued to evict month-to-month loft tenant. Landlord claimed that even though building was an IMD, tenant had waived loft law coverage by illegally occupying the unit for residential purposes in a commercial zone. Tenant claimed that he was subject to rent stabilization. Landlord argued that tenant couldn't be rent stabilized since the tenancy was illegal and incapable of becoming legal. The court ruled for tenant and dismissed the case. In this case, the building could be legalized and tenant couldn't have waived his rights under rent stabilization.

Corastor Holding Co., Inc. v. Mastny: NYLJ, 12/8/04, p. 20, col. 1 (Civ. Ct. Queens; Badillo, J)

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