Trial Required on Whether Apartment Was Rented as Commercial Unit
LVT Number: 12187
Facts: Tenant occupied first and second floors of the building as commercial tenant, using them as a showroom and office space. Tenant later sublet part of the second-floor office space to subtenant. Tenant claimed that he rented the space for commercial use, but subtenant moved his family in and installed a shower. Tenant later sued to evict subtenant, who claimed he was subject to rent stabilization. Subtenant also claimed that landlord's 30-day termination notice was defective because it didn't describe the reasons it was sent. Both sides asked the court to decide the case without a trial. Court: A trial was needed to determine the facts. The court couldn't determine from the legal papers the status of the building, how it was zoned, and whether it was even subject to rent stabilization.
Michael Dawkins, Inc. v. Doe: NYLJ, p. 26, col. 3 (2/11/98) (Civ. Ct. NY; Mills, J)