Court Can Decide Harassment Issue

LVT Number: 14286

Landlord sued to evict loft tenant, claiming that the loft was no longer subject to regulation. In defense, tenant claimed harassment. Landlord argued that, under the city's loft regulations, tenant had to raise any harassment claim before the Loft Board, not the court. The court ruled against landlord. The loft regulations allowed tenant's harassment claim to be raised either in court or before the Loft Board.

Landlord sued to evict loft tenant, claiming that the loft was no longer subject to regulation. In defense, tenant claimed harassment. Landlord argued that, under the city's loft regulations, tenant had to raise any harassment claim before the Loft Board, not the court. The court ruled against landlord. The loft regulations allowed tenant's harassment claim to be raised either in court or before the Loft Board.

Suraci v. Mucktar: NYLJ, 7/19/00, p.24, col. 1 (Civ. Ct. NY; Billings, J)