Loft Tenants Are Protected

Landlord sued to evict loft tenants, claiming that they were under commercial leases and not subject to any rent regulation. Tenants claimed that they lived in their lofts, that landlord knew this, and that their units were interim multiple dwellings protected by rent stabilization under the Loft Law. The court ruled for tenants and dismissed the case without a trial. Tenants had moved into the building in 1981, it was a mixed-use building, landlord had known that tenants intended to live in the lofts and had helped them design their spaces, and tenants had paid to convert the freight elevator to a passenger elevator. Also, although tenants' last day to file with the Loft Board for coverage was June 4, 1994, they weren't barred from raising the issue of coverage in court.

Tan Holding Corp. v. Wallace: NYLJ, p. 22, col. 4 (12/16/98) (Civ. Ct. NY; Hoffman, J)