Loft Unit Wasn't Deregulated

January 25, 2018

LVT Number: #28174

Landlord sued to evict loft tenant, claimed that the unit was deregulated in 2008 when prior landlord purchased improvements belonging to previous tenant. The court denied tenant's request to dismiss the case. Tenant appealed and won. Tenant had submitted proof to the lower court that the 2008 transaction wasn't a sale of improvements, so the unit wasn't removed from rent regulation. The 2008 agreement that landlord relied on didn't mention any improvements, and prior landlord didn't file a record of any sale of improvements, which is required by 29 RCNY 2-10.

Landlord sued to evict loft tenant, claimed that the unit was deregulated in 2008 when prior landlord purchased improvements belonging to previous tenant. The court denied tenant's request to dismiss the case. Tenant appealed and won. Tenant had submitted proof to the lower court that the 2008 transaction wasn't a sale of improvements, so the unit wasn't removed from rent regulation. The 2008 agreement that landlord relied on didn't mention any improvements, and prior landlord didn't file a record of any sale of improvements, which is required by 29 RCNY 2-10. So the transaction couldn't be viewed as a deregulating event. The case was sent back to the lower court to determine reasonable attorney's fees due to tenant.

BR 31 LLC v. Landess: Index No. 570200/17, NYLJ No. 1512601386 (App. T. 1 Dept.; 12/4/17; Lowe III, PJ, Schoenfeld, Shulman, JJ)

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