Prior Tenant Sold Loft Law Rights to Landlord

February 15, 2020

LVT Number: #30633

Landlord sued to evict month-to-month tenant. Tenant claimed that she was protected by either the Loft Law or the rent stabilization law. Tenant asked the court to hold off on deciding the case until her application for protected-occupant status was decided by the Loft Board. The court ruled against tenant, who appealed and lost. Tenant failed to show a likelihood of success on the merits. A prior tenant of the unit had sold her Loft Law rights to landlord, so the apartment wasn't eligible for rent stabilization coverage as a matter of law.

Landlord sued to evict month-to-month tenant. Tenant claimed that she was protected by either the Loft Law or the rent stabilization law. Tenant asked the court to hold off on deciding the case until her application for protected-occupant status was decided by the Loft Board. The court ruled against tenant, who appealed and lost. Tenant failed to show a likelihood of success on the merits. A prior tenant of the unit had sold her Loft Law rights to landlord, so the apartment wasn't eligible for rent stabilization coverage as a matter of law. Tenant also didn't prove that the building otherwise was constructed before 1974 and contained six or more residential units. Landlord was entitled to evict the tenant.

Meserole A-B 81-93 Equities Corp. v. Russo: 66 Misc.3d 136(A), 2020 NY Slip Op 50016(U) (App. T. 2 Dept.; 1/3/20; Weston, JP, Aliotta, Siegal, JJ)

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