Landlord Can't Get Back Rent

LVT Number: 8745

Loft tenant sued landlord to force compliance with residential standards under the Loft Law. Once landlord took steps toward doing so, landlord asked the court for permission to collect rent retroactive to 1980. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. Under a 1992 amendment to the Loft Law, landlord is deemed to be in compliance once it takes certain steps to legalize the building. But this gives landlord the right to collect rent prospectively only. Landlord can't collect back rent.

Loft tenant sued landlord to force compliance with residential standards under the Loft Law. Once landlord took steps toward doing so, landlord asked the court for permission to collect rent retroactive to 1980. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. Under a 1992 amendment to the Loft Law, landlord is deemed to be in compliance once it takes certain steps to legalize the building. But this gives landlord the right to collect rent prospectively only. Landlord can't collect back rent.

Grossman v. MKF Realty Corp.: NYLJ, p. 22, col. 1 (4/21/94) (App. Div. 1 Dept.; Murphy, PJ, Rosenberger, Wallach, Ross, Rubin, JJ)