Landlord Claims Apartment Used as Dental Office

May 31, 1997

LVT Number: 11496

Landlord sued to evict 87-year-old rent-controlled tenant for illegally using his apartment to practice dentistry. Landlord claimed this was a violation of the building's C of O. Tenant claimed landlord gave up his right to object to an illegal occupancy since tenant had been using the apartment for limited business use for 55 years with permission of prior landlords. Both sides asked the court to rule in their favor without a trial. The court refused to do so. Landlord didn't give up his right to object to tenant's occupancy because the lease contained a ``no waiver'' clause.

Landlord sued to evict 87-year-old rent-controlled tenant for illegally using his apartment to practice dentistry. Landlord claimed this was a violation of the building's C of O. Tenant claimed landlord gave up his right to object to an illegal occupancy since tenant had been using the apartment for limited business use for 55 years with permission of prior landlords. Both sides asked the court to rule in their favor without a trial. The court refused to do so. Landlord didn't give up his right to object to tenant's occupancy because the lease contained a ``no waiver'' clause. A trial was needed to decide whether the apartment was being used for commercial purposes in a "substantially commercial sense.''

A C Investments v. Males: NYLJ, p. 30, col. 6 (5/7/97) (Civ. Ct. NY; Mills, J)

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