Tenant Rents Out Loft Space as Recording Studio

Facts: ECB upheld a DOB violation against tenant for using his loft in violation of home occupation zoning regulations by renting out a portion of it as a recording studio. Tenant appealed, claiming that this was a permissible ''home occupation'' use of the loft. He also argued that as an artist, he was entitled to mixed use of the loft. Court: Tenant loses. Tenant was not using the studio to record his own music. He rented out part of the loft to nonoccupants for a commercial rent. So tenant's use wasn't a home occupation. In addition, he was not acting as an artist, which the Loft Law was designed to protect. Instead, he was acting as a commercial enterprise that rented out technical services to nonoccupants. So tenant wasn't protected by any provision of the Loft Law.

Mason v. DOB: NYLJ, 5/30/03, p. 18, col. 1 (App. Div. 1 Dept.; Tom, JP, Saxe, Sullivan, Rosenberger, Lerner, JJ)