Part of Apartment Used as Photography Studio

April 1, 1994

LVT Number: 8691

Landlord asked the DHCR to decontrol tenant's apartment because tenant used it as a photography studio. The DHCR ruled against landlord, and landlord appealed. The lower court and appeals court ruled against landlord. Although tenant used some portion of his apartment as a photography studio, he used the apartment predominantly as a residence. The DHCR correctly ruled that tenant remained rent-controlled.

Landlord asked the DHCR to decontrol tenant's apartment because tenant used it as a photography studio. The DHCR ruled against landlord, and landlord appealed. The lower court and appeals court ruled against landlord. Although tenant used some portion of his apartment as a photography studio, he used the apartment predominantly as a residence. The DHCR correctly ruled that tenant remained rent-controlled.

Matter of 140 West 57th Street Corp.: NYLJ, p. 22, col. 4 (3/3/94) (App. Div. 1 Dept.; Murphy, PJ, Sullivan, Carro, Wallach, Tom, JJ)

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