Tenant Didn't Give Up Right to Rent Protection

January 1, 1998

LVT Number: 12007

The Loft Board ruled that tenant wasn't subject to rent stabilization because he'd given up his right to rent regulation prior to Sept. 29, 1993. This was the effective date of an order of abandonment. Tenant appealed, lost, and appealed again. The appeals court reversed and ruled for tenant. While tenant's challenge to the abandonment order itself wasn't on time, tenant's appeal of the Loft Board order on rent regulatory status was on time.

The Loft Board ruled that tenant wasn't subject to rent stabilization because he'd given up his right to rent regulation prior to Sept. 29, 1993. This was the effective date of an order of abandonment. Tenant appealed, lost, and appealed again. The appeals court reversed and ruled for tenant. While tenant's challenge to the abandonment order itself wasn't on time, tenant's appeal of the Loft Board order on rent regulatory status was on time. The Loft Board's ruling was arbitrary and capricious because MDL section 286(12) permits landlord to purchase tenant's rights under the Loft Law, and requires landlord to file record of the sale with the Loft Board.

Zabari v. New York City Loft Board: NYLJ, p. 22, col. 2 (12/26/97) (App. Div. 1 Dept.; Murphy, PJ, Milonas, Wallach, Rubin, Mazzarelli, JJ)

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