Illegal Loft Subject to Rent Stabilization
LVT Number: #21178
Landlord sued to evict tenant from commercial loft unit. Tenant claimed that he was rent stabilized. The court ruled for tenant and dismissed the case. Landlord appealed and lost. The building was built before 1974 and contained six units used for residential purposes. Landlord knew of and permitted tenant’s residential use, which was permitted by applicable zoning regulations. Since tenant’s unit could be legalized even without Loft Law protection, the trial court properly found that tenant was subject to rent-stabilization protection.
Argento v. Yamanaka: NYLJ, 4/8/09, p. 35, col. 1 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, J)