Tenant Sublet Part of Loft Unit

March 1, 2002

LVT Number: 15644

Landlord sued to evict loft tenant for nonprimary residence. The court ruled against landlord. Landlord appealed and lost. Tenant rented two units, one above the other, connected by an interior stairway. Tenant's lease permitted subleasing of part of the space. Tenant had done so for a long time, with landlord's consent. Landlord couldn't now claim nonprimary residence of that portion of the loft unit that was sublet.

Landlord sued to evict loft tenant for nonprimary residence. The court ruled against landlord. Landlord appealed and lost. Tenant rented two units, one above the other, connected by an interior stairway. Tenant's lease permitted subleasing of part of the space. Tenant had done so for a long time, with landlord's consent. Landlord couldn't now claim nonprimary residence of that portion of the loft unit that was sublet.

Ginezra Assocs. v. Pillsbury: NYLJ, 2/11/02, p. 20, col. 5 (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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