Professional Unit Not Covered

LVT Number: 11762

(Decision submitted by Gerald Shapiro of the Manhattan law firm of Mitofsky & Shapiro, attorneys for the landlord.) Facts: Plaintiff sued landlord, claiming a rent overcharge. Landlord claimed the apartment was a professional unit not subject to rent stabilization. In 1971 tenant had signed a lease for the apartment stating that it would be used for a medical practice only. Tenant claimed he moved in three months later and converted a former operating room into a bedroom. Landlord claimed it had no knowledge that tenant was living in the apartment.

(Decision submitted by Gerald Shapiro of the Manhattan law firm of Mitofsky & Shapiro, attorneys for the landlord.) Facts: Plaintiff sued landlord, claiming a rent overcharge. Landlord claimed the apartment was a professional unit not subject to rent stabilization. In 1971 tenant had signed a lease for the apartment stating that it would be used for a medical practice only. Tenant claimed he moved in three months later and converted a former operating room into a bedroom. Landlord claimed it had no knowledge that tenant was living in the apartment. The apartment had no kitchen, but tenant claimed he ate all his meals out. He deducted 80 percent of his rent for office use on his tax returns. For some time, the apartment was registered with the DHCR as being rent-stabilized, but landlord claimed this was a mistake. Tenant's initial lease was made on a residential lease form. Court: Tenant loses. The court didn't believe tenant's testimony that he lived in the apartment. In addition, the typewritten clause of tenant's original lease, which restricted occupancy to professional use, showed the true intent of the original lease more than any printed clause concerning residential occupancy. The lease clearly stated that use other than as an office for practicing medicine constituted a lease violation. And the mistaken registration of the apartment didn't confer rent stabilization status on to tenant.

Ruiz v. Chwatt Assocs.: NYLJ, p. 21, col. 4 (8/20/97) (Sup. Ct. NY; Arber, J)