Apartment Leased as Store Covered

LVT Number: 8020

Landlord sued to evict tenant from storefront. Landlord claimed that the street-level store was a commercial unit. But landlord knew that tenant and his family would live there. The space also had facilities for living purposes, which were installed before tenant moved in. Both the trial court and appeals court ruled for tenant. The apartment was subject to rent stabilization.

Landlord sued to evict tenant from storefront. Landlord claimed that the street-level store was a commercial unit. But landlord knew that tenant and his family would live there. The space also had facilities for living purposes, which were installed before tenant moved in. Both the trial court and appeals court ruled for tenant. The apartment was subject to rent stabilization.

West Side Equities v. Cerigo: NYLJ, p. 24, col. 1 (6/17/93) (App. T. 1 Dept.; Ostrau, PJ, Miller, Parness, JJ)