Tenant Rented Out Rooms as Music Studios

May 31, 1999

LVT Number: 13249

Landlord sued to evict tenant for violating his lease. Tenant's lease stated that he could use the six-room apartment as a music studio between the hours of 9 a.m. and 9 p.m. Tenant rehearsed and gave music lessons during this time. But tenant also rented out four of the rooms, each with a grand piano, to other instructors and students for music practice six days a week. Up to 20 people per day used tenant's music studios. The court ruled for landlord, and tenant appealed. The appeals court ruled against tenant.

Landlord sued to evict tenant for violating his lease. Tenant's lease stated that he could use the six-room apartment as a music studio between the hours of 9 a.m. and 9 p.m. Tenant rehearsed and gave music lessons during this time. But tenant also rented out four of the rooms, each with a grand piano, to other instructors and students for music practice six days a week. Up to 20 people per day used tenant's music studios. The court ruled for landlord, and tenant appealed. The appeals court ruled against tenant. Tenant's lease didn't authorize him to rent out rooms in his rent-stabilized apartment for use as commercial music studios. Tenant should, however, be given a chance to correct the lease violation.

Ansonia Assocs. v. Bozza: NYLJ, p. 29, col. 1 (5/3/99) (App. T. 1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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