Landlord Can't Collect Rent Until It Gets C of O

May 31, 2004

LVT Number: 17347

Landlord sued loft tenant for rent or use and occupancy. Landlord claimed that the space was commercial. The court ruled against landlord. Landlord filed for initial Loft Board registration in 1994. In 1996, the Loft Board denied landlord's application for exemption. Landlord still hadn't obtained a certificate of compliance showing that it had done everything required to legalize the interim multiple dwelling. So landlord couldn't collect rent until it complied with the loft law requirements.

Landlord sued loft tenant for rent or use and occupancy. Landlord claimed that the space was commercial. The court ruled against landlord. Landlord filed for initial Loft Board registration in 1994. In 1996, the Loft Board denied landlord's application for exemption. Landlord still hadn't obtained a certificate of compliance showing that it had done everything required to legalize the interim multiple dwelling. So landlord couldn't collect rent until it complied with the loft law requirements.

Lucy B. Realty Corp. v. Jaramillo: NYLJ, 5/27/04, p. 20, col. 4 (Sup. Ct. Kings; Lewis, J)

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