Tenant Not Covered Under Loft Law

Landlord sued to evict month-to-month tenant. Tenant claimed that he was subject to the Loft Law. He lived in the loft unit, and prior landlord had registered the unit as a loft. The court ruled for tenant. Landlord appealed and won. The loft was located in an M-1 zoning district, which initially didn't permit residential use. Under a 1987 amendment to the Loft Law, tenant's loft would have been subject to the Loft Law if it was registered on or before Sept. 25, 1987. Since no registration was filed before that date, and there was no proof that the loft was used for residential purposes at that time, prior landlord's registration of the loft as an interim multiple dwelling in 1998 didn't count. Tenant's loft never became subject to the Loft Law.

Corastor Holding Co., Inc. v. Mastny: NYLJ, 3/17/06, p. 27, col. 1 (App. T. 2 Dept.; Pesce, PJ, Weston Patterson, Belen, JJ)