New Law Can't Be Applied Retroactively

Facts: Landlord sued to evict loft tenants for nonpayment of rent in 1991. Tenants claimed that landlord hadn't met timetable for legalizing commercial lofts used as residences. Under Multiple Dwelling Law (MDL) Article 7C, landlord was, therefore, barred from collecting unpaid rent. The court ruled for landlord, based on 1992 amendments to Article 7C. The revised law gave landlord until October 1995 to legalize the building. Tenants appealed. Court: Tenants win. The 1992 MDL amendments can't be interpreted to exempt landlord from other Loft Law provisions barring landlord from forcing tenants to pay rent when the building hasn't been legalized. Those provisions weren't changed. The trial court also shouldn't have applied the new law retroactively.

Lipkis v. Gilmour: NYLJ, p. 21, col. 1 (1/14/94) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)