Landlord Didn't Prove He Legalized Building

August 31, 1993

LVT Number: 8130

Landlord sued loft tenant in small claims court for three months' rent. The court ruled against landlord, and gave tenant damages for landlord's denial of services during that period. Landlord appealed. The appeals court agreed that landlord couldn't get rent because landlord didn't show that he'd taken all necessary steps to legalize the loft building. But tenant shouldn't get damages; since he paid no rent, there was nothing to set off through any rent reduction.

Landlord sued loft tenant in small claims court for three months' rent. The court ruled against landlord, and gave tenant damages for landlord's denial of services during that period. Landlord appealed. The appeals court agreed that landlord couldn't get rent because landlord didn't show that he'd taken all necessary steps to legalize the loft building. But tenant shouldn't get damages; since he paid no rent, there was nothing to set off through any rent reduction.

Feierstein v. Procuniar: NYLJ, p. 21, col. 2 (8/10/93) (App. T. 1 Dept.; Parness, JP, Miller, Glen, JJ)

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