Loft Unit Wasn't Deregulated

LVT Number: #28174

Landlord sued to evict loft tenant, claimed that the unit was deregulated in 2008 when prior landlord purchased improvements belonging to previous tenant. The court denied tenant's request to dismiss the case. Tenant appealed and won. Tenant had submitted proof to the lower court that the 2008 transaction wasn't a sale of improvements, so the unit wasn't removed from rent regulation. The 2008 agreement that landlord relied on didn't mention any improvements, and prior landlord didn't file a record of any sale of improvements, which is required by 29 RCNY 2-10.

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BR 31 LLC v. Landess: Index No. 570200/17, NYLJ No. 1512601386 (App. T. 1 Dept.; 12/4/17; Lowe III, PJ, Schoenfeld, Shulman, JJ)