Pass-On Rights Don't Apply to Occupant of Loft

(Decision submitted by Joseph Burden of the Manhattan law firm of Belkin Burden Wenig & Goldman, attorneys for the landlord.) Facts: Loft occupant applied to the Loft Board for a ruling that he was entitled to take over a loft unit. Occupant claimed that he had a lease, had lived in the unit as his primary residence since 1988, and was the brother-in-law of tenant who had since moved out. Landlord claimed that occupant was tenant's roommate, that tenant had sold her fixtures and rights to landlord in 1992, and that occupant had agreed to move out but was given a short-term lease in 1991 only so that his daughter could finish out the school year. Loft Board: Landlord wins. Landlord can't give protected occupancy status to an occupant or roommate of a ``protected occupant'' while the prime tenant maintains protected occupancy status. Landlord's short-term lease with occupant while tenant was still the protected occupant under the loft law didn't give occupant any pass-on rights. Also, the Loft Board had no regulations granting pass-on rights to a brother-in-law. Absent such regulations, the Board refused to apply analogous Rent Stabilization Code pass-on regulations.

[Dr. James Turanski: Loft Bd. Order No. 1382 (12/17/92 )]. 10-page document.