Apartments Not Yet Registered

November 1, 1999

LVT Number: 13661

Facts: Landlord sued to evict loft tenants, claiming they were commercial tenants. The court ruled for tenants, finding that the lofts were rent-stabilized because the building had at least six units, was built before 1971, and had been renovated and lived in by loft tenants since at least 1981. Tenants then also claimed a rent overcharge. Court: Tenants win. The case would be delayed on the rent overcharge issue to give landlord a chance to send rent registrations to tenants and file them with the DHCR. In the meantime, rents were reduced to the amount of the first stabilized rents.

Facts: Landlord sued to evict loft tenants, claiming they were commercial tenants. The court ruled for tenants, finding that the lofts were rent-stabilized because the building had at least six units, was built before 1971, and had been renovated and lived in by loft tenants since at least 1981. Tenants then also claimed a rent overcharge. Court: Tenants win. The case would be delayed on the rent overcharge issue to give landlord a chance to send rent registrations to tenants and file them with the DHCR. In the meantime, rents were reduced to the amount of the first stabilized rents.

Tan Holding Corp. v. Wallace: NYLJ, p. 27, col. 4 (10/13/99) (Civ. Ct. NY; Hoffman, J)

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