Unit Formerly Covered by Loft Law Was Rent Stabilized

September 20, 2018

LVT Number: #28620

Tenant sued landlord, claiming that his loft unit was rent stabilized. The unit was located in a deregulated Interim Multiple Dwelling (IMD). The original Loft Law tenant had previously assigned his lease and purchase of loft improvements to landlord. Landlord argued that the unit wasn't eligible for rent stabilization coverage because of the sale. But the building wasn't subject to rent stabilization solely due to the Loft Law coverage. The building contained more than six units and had received regulation-triggering tax abatements.

Tenant sued landlord, claiming that his loft unit was rent stabilized. The unit was located in a deregulated Interim Multiple Dwelling (IMD). The original Loft Law tenant had previously assigned his lease and purchase of loft improvements to landlord. Landlord argued that the unit wasn't eligible for rent stabilization coverage because of the sale. But the building wasn't subject to rent stabilization solely due to the Loft Law coverage. The building contained more than six units and had received regulation-triggering tax abatements. So, following prior tenant's sale of rights under Multiple Dwelling Law (MDL) Section 286(12), the unit remained subject to rent stabilization under the ETPA. 
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Costanzo v. Joseph Rosen Foundation, Inc.: 2018 NY Slip Op 28257 (Sup. Ct. NY; 8/22/18; Kotler, J)

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