Landlord Didn't Register Loft Unit with HPD

February 1, 2002

LVT Number: 15592

Landlord sued to evict loft tenant for nonpayment of rent. Landlord claimed that the loft tenancy was commercial. Tenant claimed that she was residential, that landlord knew this, and that landlord couldn't sue for rent because the building was an unregistered multiple dwelling. The court ruled for landlord, finding that tenant was commercial. Tenant appealed. The appeals court ruled for tenant and sent the case back for a new trial. The lower court relied on tenant's commercial lease and didn't look at whether tenant did, in fact, live in the loft.

Landlord sued to evict loft tenant for nonpayment of rent. Landlord claimed that the loft tenancy was commercial. Tenant claimed that she was residential, that landlord knew this, and that landlord couldn't sue for rent because the building was an unregistered multiple dwelling. The court ruled for landlord, finding that tenant was commercial. Tenant appealed. The appeals court ruled for tenant and sent the case back for a new trial. The lower court relied on tenant's commercial lease and didn't look at whether tenant did, in fact, live in the loft. This claim raised questions of fact that the court must look at.

A Real Good Plumber, Inc. v. Kelleher: NYLJ, 1/25/02, p. 20, col. 6 (App. T.2 Dept.; Aronin, JP, Patterson, Golia, JJ)

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