Trial Required on Landlord's Efforts to Legalize Unit
LVT Number: 15776
Landlord sued to evict loft tenant for nonpayment of rent. Tenant claimed that landlord wasn't in compliance with Loft Law requirements. Landlord claimed that it wasn't subject to the Loft Law. The court denied requests to decide the case without a trial. The appeals court agreed. A trial was required to determine whether the building was an interim multiple dwelling and whether landlord took all reasonable and necessary steps to legalize the unit. Landlord filed an alteration application in 1979 and got a work permit, but there were questions as to landlord's good-faith compliance with the legalization process and timetable and whether tenant's actions interfered with landlord's efforts.
471 Broadway LLC v. Schwartzwald: NYLJ, 4/3/02, p. 18, col. 1 (App. T.1 Dept.; McCooe, JP, Davis, Suarez, JJ)