Landlord Didn't Challenge Sale of Fixtures on Time

May 31, 1999

LVT Number: 13265

Landlord filed a challenge application with the Loft Board, objecting to tenant's sale of loft fixtures. The Loft Board ruled against landlord, finding its application wasn't filed on time. Landlord appealed. The court and appeals court ruled against landlord. Landlord should have delivered to tenants a proper sale of improvements disclosure form within 20 days after tenant notified landlord of additional information relating to the proposed sale. Landlord knew that both tenants were represented by attorneys but didn't deliver copies to the tenants in care of their attorneys.

Landlord filed a challenge application with the Loft Board, objecting to tenant's sale of loft fixtures. The Loft Board ruled against landlord, finding its application wasn't filed on time. Landlord appealed. The court and appeals court ruled against landlord. Landlord should have delivered to tenants a proper sale of improvements disclosure form within 20 days after tenant notified landlord of additional information relating to the proposed sale. Landlord knew that both tenants were represented by attorneys but didn't deliver copies to the tenants in care of their attorneys. So landlord didn't properly deliver the disclosure form within the required time limit.

Royal Crospin Corp. v. NYC Loft Board: NYLJ, p. 28, col. 2 (5/27/99) (App. Div. 1 Dept.; Nardelli, JP, Wallach, Lerner, Andrias, Buckley, JJ)

Topics

More like this