Tenants Didn't Live in Units During MDL Window Period

April 9, 2007

LVT Number: 19418

Landlord sued tenants and asked the court to find that tenants weren't subject to Loft Law coverage. Landlord claimed that the units weren't occupied during the window period required for Loft Law coverage under Multiple Dwelling Law Section 281. The window period ran from April 1, 1980 to Dec. 1, 1981. Tenants claimed that they were covered because the units were prepared for occupancy during this period. The court ruled for landlord. Since tenants didn't actually live in their units during the MDL window period, they weren't covered by the Loft Law.

Landlord sued tenants and asked the court to find that tenants weren't subject to Loft Law coverage. Landlord claimed that the units weren't occupied during the window period required for Loft Law coverage under Multiple Dwelling Law Section 281. The window period ran from April 1, 1980 to Dec. 1, 1981. Tenants claimed that they were covered because the units were prepared for occupancy during this period. The court ruled for landlord. Since tenants didn't actually live in their units during the MDL window period, they weren't covered by the Loft Law.

142 Fulton LLC v. Hyatt: NYLJ, 2/7/07, p. 18, col. 1 (Sup. Ct. NY; Lehner, J)

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