Occupant Is Protected Loft Tenant

Facts: Landlord sued to evict Williamsburg loft occupant, claiming he was an illegal subtenant or assignee. Occupant claimed he was protected by the Loft Law. Prior occupant had lived and worked as an artist in the loft from 1977 to 1988. She then assigned the loft to occupant. She sold loft improvements and fixtures she'd installed to occupant for over $23,000. Landlord claimed that the Loft Board hadn't yet ruled that, at the time occupant moved in, the unit was an interim multiple dwelling (IMD). Court: Landlord loses. Occupant showed that he bought prior occupant's loft improvements. In fact, prior occupant notified landlord of the sale and loft assignment through a sale of improvements disclosure form. Landlord didn't object. Landlord claimed that this was because, at the time, there was no reason to believe that the unit was an IMD. But, at the time of the sale, prior occupant qualified for Loft Law protection. The Loft Board ruled in January 1992 that the building was an IMD. Although the building wasn't registered until then, loft coverage extended back to cover prior occupant.

Fink v. Krol: NYLJ, p. 26, col. 1 (3/1/94) (Civ. Ct. Kings; Rivera, J)