Storefront Had Residential Lease

Facts: Landlord sued to evict tenant from a storefront unit, claiming that tenant's commercial lease had expired. Tenant claimed that the lease wasn't commercial and that she was rent stabilized. She moved from the third-floor, rent-stabilized apartment to a ground-floor storefront unit and was given a rent-stabilized lease. The lease was renewed twice. She lived in the unit, which had kitchen and bathroom facilities. Landlord claimed that it was a mistake to give tenant a rent-stabilized lease and that the building's C of O made the storefront a commercial unit. Courts: Landlord loses. Landlord gave tenant a residential lease and renewed it twice. And there was nothing in the lease about commercial use. So landlord couldn't evict tenant based on its claim that the commercial tenancy had expired. There was also no proof submitted at the trial that tenant used the storefront for any commercial purpose. The court didn't rule on whether the storefront must be converted into a legal dwelling unit or whether tenant was rent stabilized. Tenant had filed a lease nonrenewal complaint with the DHCR, which hadn't yet been ruled on.

7 Dunham Pl. Realty Inc. v. Arndt: NYLJ, 12/26/01, p. 20, col. 2 (Civ. Ct. Kings; Silber, J)