Tenants Illegally Converted Space into Residence

April 30, 2003

LVT Number: 16548

Landlord sued to evict tenant for illegally altering commercial space and subletting it as a residence. Tenants claimed landlord knew they did this and that they were protected by rent stabilization. The court ruled for landlord. Tenants didn't get landlord's written permission to alter the space or sublet it. Landlord's testimony that it didn't know about tenant's actions was believable. The building super testified that he was paid by tenants not to report the alterations or sublet. Tenants were profiteering and weren't entitled to rent stabilization coverage.

Landlord sued to evict tenant for illegally altering commercial space and subletting it as a residence. Tenants claimed landlord knew they did this and that they were protected by rent stabilization. The court ruled for landlord. Tenants didn't get landlord's written permission to alter the space or sublet it. Landlord's testimony that it didn't know about tenant's actions was believable. The building super testified that he was paid by tenants not to report the alterations or sublet. Tenants were profiteering and weren't entitled to rent stabilization coverage.

Freeman Street Properties LLC v. Thelian: NYLJ, 4/16/03, p. 23, col. 1 (Civ. Ct. Kings; Rubin, J)

Topics

More like this