Is Tenant Protected by Loft Law?
LVT Number: #20989
Landlord sued tenant and asked the court to rule on whether tenant was protected by the New York City Loft Law, MDL Article 7-C. Tenant asked the court to dismiss the case without a trial. Tenant claimed that the Loft Board had already ruled that tenant was covered by the Loft Law and that landlord never appealed this decision. The court ruled against tenant. Tenant appealed and lost. Tenant didn't prove compliance with, or even address, the Loft Board regulation governing a prime tenant's right to protected tenant status upon recovery of vacated space. The 1985 Loft Board order tenant relied on never determined whether tenant was a protected tenant. A statement in that order regarding tenant's possible future rights wasn't a binding ruling and didn't bar landlord's present court action. Tenant can't claim that landlord failed to appeal the Loft Board order in a timely manner, because landlord's present court case doesn't challenge that order. And contrary to tenant's claim, landlord didn't claim that tenant was subject to the Loft Law in any prior eviction proceeding.
191 Chrystie LLC v. Ledoux: NYLJ, 1/8/09, p. 33, col. 6 (App. Div. 1 Dept.; Lippman, PJ, Mazzarelli, Sweeny, DeGrasse, Freedman, JJ)