Tenant's Initial Lease Was for Five Months

May 31, 2001

LVT Number: 15006

Facts: Landlord sued to evict loft tenant for owner occupancy purposes. Tenant admitted that the loft unit was recently legalized and that tenant's most recent lease after legalization was rent stabilized. But tenant claimed that his first lease was for only five months and landlord couldn't evict for owner occupancy during this time. Tenant asked the court to dismiss the case. Court: Tenant wins. The Loft Board regulations permit short initial lease terms under rent stabilization.

Facts: Landlord sued to evict loft tenant for owner occupancy purposes. Tenant admitted that the loft unit was recently legalized and that tenant's most recent lease after legalization was rent stabilized. But tenant claimed that his first lease was for only five months and landlord couldn't evict for owner occupancy during this time. Tenant asked the court to dismiss the case. Court: Tenant wins. The Loft Board regulations permit short initial lease terms under rent stabilization. But the regulations also state that no eviction case can be started to recover the unit during the short initial lease term.

Damasco v. Berger: NYLJ, 5/9/01, p. 21, col. 3 (Civ. Ct. NY; Milin, J)

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