Tenant's Lease Was Residential, Not Commercial

Landlord sued to evict tenant in the commercial part of civil court. Landlord claimed that tenant was commercial because his apartment was used for business purposes. Tenant asked the court to dismiss the case, claiming he was a residential tenant. The court ruled for tenant. Landlord appealed and lost. Tenant showed that his lease contained standard residential provisions, including a no-pet clause, a lead-paint clause, and a radon gas disclosure. The C of O for the building designated the apartment as an apartment. The apartment was registered with the DHCR as rent stabilized. Tenant showed that the apartment was used as both a residence and a home office. Landlord also acknowledged in his termination notice that the apartment was tenant's residence. Landlord could start a new eviction proceeding, but must do so in housing court.

Grogan v. Laura Shapiro Kramer Assocs.: NYLJ, 10/5/06, p. 32, col. 4 (App. T. 1 Dept.; McCooe, JP, Gangel-Jacob, J)