Storerooms Not Covered

(Decision submitted by Manhattan attorney Santo Golino, who represented the landlord.) Landlord sued to evict tenant from two basement storerooms that tenant rented. Tenant also occupied two rent-controlled apartments in the building. Tenant had commercial leases for the storerooms. But tenant claimed that the storerooms were auxiliary, or ancillary, living space, subject to rent control. The court ruled for landlord. The building's C of O designated the spaces as storerooms, the spaces had no residential facilities, such as kitchens or bathrooms, and, at best, tenant used the space as storage and for recreation.

420 Riverside Owners Corp. v. Ettinger: NYLJ, 8/21/02, p. 18, col. 6 (Civ. Ct. NY; Smith, J)