Landlord Claims Loft Tenant Is Nonprimary Resident

May 31, 1997

LVT Number: 11506

Landlord sued to evict loft tenant for nonprimary residence. Landlord claimed that tenant and her family lived in cooperative apartment in New York City. Tenant claimed that landlord couldn't proceed against her because there were issues pending before the Loft Board concerning legalization of the building. The court ruled for tenant and ordered that the eviction action be delayed. Landlord appealed. The appeals court ruled for landlord and reopened the case.

Landlord sued to evict loft tenant for nonprimary residence. Landlord claimed that tenant and her family lived in cooperative apartment in New York City. Tenant claimed that landlord couldn't proceed against her because there were issues pending before the Loft Board concerning legalization of the building. The court ruled for tenant and ordered that the eviction action be delayed. Landlord appealed. The appeals court ruled for landlord and reopened the case. While noncompliance with the loft legalization timetable may bar collection of rent, it doesn't cause delay of nonprimary residence proceedings.

Eastlite Corp. v. Barth: NYLJ, p. 25, col. 2 (5/16/97) (App. T. 1 Dept.; Ostrau, PJ, Freedman, Davis, JJ)

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