Loft Units Covered

August 31, 2005

LVT Number: 18342

Landlord sued to evict subtenants of loft unit. Landlord claimed that the loft was commercial. Subtenants claimed that they were rent stabilized. The court ruled for subtenants. Landlord appealed and lost. Commercial tenant had moved out of the loft and sublet to residential subtenants for profit. Landlord had bought out prior tenant and was then entitled to remove the loft from interim multiple dwelling status by renting it commercially. But landlord knew that commercial tenant rented to residential subtenants. Subtenants were subject to rent stabilization.

Landlord sued to evict subtenants of loft unit. Landlord claimed that the loft was commercial. Subtenants claimed that they were rent stabilized. The court ruled for subtenants. Landlord appealed and lost. Commercial tenant had moved out of the loft and sublet to residential subtenants for profit. Landlord had bought out prior tenant and was then entitled to remove the loft from interim multiple dwelling status by renting it commercially. But landlord knew that commercial tenant rented to residential subtenants. Subtenants were subject to rent stabilization.

315 Berry St. Corp. v. Kuipers: NYLJ, 8/4/05, p. 28, col. 4 (App. T. 2 Dept.; Pesce, PJ, Patterson, Rios, JJ)

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