Loft Unit Covered

January 1, 2002

LVT Number: 15543

Landlord sued to recover tenant's loft unit, claiming that tenant lived in the loft in violation of the commercial lease. Tenant lived and worked in the loft and claimed that he was rent stabilized. Landlord claimed that prior tenant's sale of rights in the loft removed it from rent stabilization. The court ruled for tenant. The unit was subject to rent stabilization under the ETPA and the Loft Law. The ETPA applied to lofts and didn't include any exception for them. Other cases effective at the time the Loft Law was passed provided that lofts were covered by the ETPA.

Landlord sued to recover tenant's loft unit, claiming that tenant lived in the loft in violation of the commercial lease. Tenant lived and worked in the loft and claimed that he was rent stabilized. Landlord claimed that prior tenant's sale of rights in the loft removed it from rent stabilization. The court ruled for tenant. The unit was subject to rent stabilization under the ETPA and the Loft Law. The ETPA applied to lofts and didn't include any exception for them. Other cases effective at the time the Loft Law was passed provided that lofts were covered by the ETPA. And the Loft Law didn't bar rent regulation under other laws.

182 Fifth Ave. LLC v. Design Development Concepts: NYLJ, 12/12/01, p. 18, col. 2 (Sup. Ct. NY; DeGrasse, J)

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