Tenant Lived in Store

January 1, 1998

LVT Number: 12044

Landlord sued to evict tenant who lived in a ground floor store since 1979. Landlord claimed tenant violated his commercial lease. Tenant claimed he was rent-stabilized. The court ruled for tenant and dismissed the case. Landlord appealed and lost. Tenant showed that he'd lived in the entire space for three years and then used the front portion for his photocopying business. Landlord presented no contrary proof. The clause of tenant's lease limiting use of the store for tenant's business ''and for no other purpose'' was deleted from tenant's last renewal lease.

Landlord sued to evict tenant who lived in a ground floor store since 1979. Landlord claimed tenant violated his commercial lease. Tenant claimed he was rent-stabilized. The court ruled for tenant and dismissed the case. Landlord appealed and lost. Tenant showed that he'd lived in the entire space for three years and then used the front portion for his photocopying business. Landlord presented no contrary proof. The clause of tenant's lease limiting use of the store for tenant's business ''and for no other purpose'' was deleted from tenant's last renewal lease. Since landlord had permitted long-term mixed use of the store, tenant was subject to rent stabilization.

U.B.O. Realty Corp. v. Mollica: NYLJ, p. 21, col. 2 (12/17/97) (App. T. 1 Dept.; McCooe, JP, Freedman, Davis, JJ)

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