Noncomplying Landlord Can't Evict Loft Tenant

June 30, 2012

LVT Number: #24174

Landlord sued to eject loft tenant for nonpayment of rent. Tenant had paid no rent since 2003. The court and appeals court ruled for landlord. Tenant then appealed to New York's highest court. She claimed that since landlord hadn't complied with Loft Law requirements to legalize the interim multiple dwelling, it couldn't collect rent. The court ruled for tenant. Landlord hadn't complied with the Loft Law and hadn't obtained an extension from the Loft Board of time to comply.

Landlord sued to eject loft tenant for nonpayment of rent. Tenant had paid no rent since 2003. The court and appeals court ruled for landlord. Tenant then appealed to New York's highest court. She claimed that since landlord hadn't complied with Loft Law requirements to legalize the interim multiple dwelling, it couldn't collect rent. The court ruled for tenant. Landlord hadn't complied with the Loft Law and hadn't obtained an extension from the Loft Board of time to comply. Under Multiple Dwelling Law Sections 203(1)(b) and 285(1), landlord therefore was barred from collecting rent since it hadn't legalized the loft and had been denied an extension by the Loft Board.

Chazon LLC v. Maugenest: NYLJ, 6/8/12, p. 24, col. 5 (Ct. App.; Smith, PJ, Lippman, Ciparick, Graffeo, Read, Pigott, Jones, JJ)

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