Loft Units Not Covered

LVT Number: 16419

Landlord sued to evict loft tenants. Tenants claimed that they were subject to rent stabilization. The court ruled for landlord. Tenants didn't convert the lofts to residential use. The units were already residential when tenants moved in. Landlord had bought out the Loft Law rights to the units. There was no proof that tenants made the residential conversion. The units were residential before tenants improved them, and they remained so after tenants improved them.

Landlord sued to evict loft tenants. Tenants claimed that they were subject to rent stabilization. The court ruled for landlord. Tenants didn't convert the lofts to residential use. The units were already residential when tenants moved in. Landlord had bought out the Loft Law rights to the units. There was no proof that tenants made the residential conversion. The units were residential before tenants improved them, and they remained so after tenants improved them. Since no commercial tenant occupied any of the loft units from the time the prior bought-out tenants vacated and the time tenants moved in, tenants weren't entitled to rent stabilization coverage under Loft Board rules.

315 Berry St. Corp. v. Huang: NYLJ, 2/5/03, p. 21, col. 5 (Civ. Ct. Kings; Lebovits, J)