Landlord Attempting to Legalize Loft Unit

LVT Number: 11596

Landlord sued to evict loft tenant for nonpayment of rent. The court ruled against landlord without a trial. Landlord hadn't gotten a residential C of O for the building. Landlord appealed. The appeals court ruled for landlord and reopened the case. The court should've considered whether landlord had taken all reasonable and necessary action under the Multiple Dwelling Law to legalize the loft building. Landlord had filed an alteration application and narrative statement on time in compliance with an extension granted by the Loft Board.

Landlord sued to evict loft tenant for nonpayment of rent. The court ruled against landlord without a trial. Landlord hadn't gotten a residential C of O for the building. Landlord appealed. The appeals court ruled for landlord and reopened the case. The court should've considered whether landlord had taken all reasonable and necessary action under the Multiple Dwelling Law to legalize the loft building. Landlord had filed an alteration application and narrative statement on time in compliance with an extension granted by the Loft Board. Landlord had also attended a number of compliance conferences at the Loft Board to review renovation plans.

Moscowitz v. Rassbach: NYLJ, p. 25, col. 4 (6/20/97) (App. T. 1 Dept.; Parness, JP, McCooe, Freedman, JJ)