Unit Isn't Store

March 1, 2006

LVT Number: 18691

Landlord sued to evict tenant for nonprimary residence. Landlord claimed that tenant's unit was rent controlled. Tenant asked the court to dismiss the case. He claimed that the unit was a store front, not a housing accommodation. The court ruled against tenant. Tenant appealed and lost. Tenant admitted that since 1967, he and family members lived in the unit as their residence. Even if the unit was also used as a dancing and painting studio, and shared a bathroom with other units, it was still residential. The unit also had been equipped for residential use when tenant moved into it.

Landlord sued to evict tenant for nonprimary residence. Landlord claimed that tenant's unit was rent controlled. Tenant asked the court to dismiss the case. He claimed that the unit was a store front, not a housing accommodation. The court ruled against tenant. Tenant appealed and lost. Tenant admitted that since 1967, he and family members lived in the unit as their residence. Even if the unit was also used as a dancing and painting studio, and shared a bathroom with other units, it was still residential. The unit also had been equipped for residential use when tenant moved into it.

Brullo v. Myers: NYLJ, 2/9/06, p. 29, col. 2 (App. T. 1 Dept.)

Topics

More like this