Rent-Stabilized Lease Offered to Loft Tenant Contained Invalid Provisions

Landlord sued to eject loft tenant when tenant refused to sign first rent-stabilized lease after the Loft Board ruled that the interim multiple dwelling building had been legalized. Tenant claimed that the lease offered had invalid provisions. The court ruled for landlord. Tenant appealed and won. The lease limited tenant's occupancy to living purposes ''and for no other reason.'' This was at odds with the certificate of occupancy and zoning resolution allowing use as joint living and working quarters. The loft had been used as a residence and artist's studio since 1976. The lease also stated that any alterations or installations by tenant would become landlord's property. But the rent stabilization code allows former loft tenants to retain the right to sell their improvements as allowed by the Multiple Dwelling Law.

6 Greene St. Assocs. LLC v. Beron: NYLJ, 7/19/02, p. 18, col. 1 (App. T.1 Dept.; Suarez, PJ, McCooe, Gangel-Jacob, JJ)