Tenant Protected by Loft Law

Landlord sued to evict loft tenant from commercial artist studio building after delivering a 30-day termination notice to tenant. Tenant claimed that he was protected by the Loft Law and couldn't be evicted on 30-days' notice. Tenant asked the court to dismiss the case without a trial. The court ruled for tenant. Tenant showed that he had lived in the third-floor loft since 1980. The loft included a kitchen, bathroom, and bedroom. In 1976, tenant had entered into a separate lease for the second-floor loft, and used both floors as his primary residence. In 1988, tenant also took over the lease for the fifth-floor loft, which he sublet to other tenants for living purposes until 2005. Tenant submitted sworn statements from himself and six other tenants or neighbors showing that each of the three lofts was occupied as a residence continually since 1970 by either tenant or other individuals. Since at least three units in the building were occupied as residences between the window period between 1980 and 1987, the units were covered by the Loft Law. Contrary to landlord's claim, it didn't matter whether the lofts were occupied by subtenants or were nonprimary residences.

Little West 12th St. Realty LP v. Inconiglios: NYLJ, 3/20/08, p. 27, col. 1 (Civ. Ct. NY; Cohen, J)