Tenant Wasn't Landlord

March 1, 2006

LVT Number: 18678

Loft tenant complained that landlord violated her rights under the Loft Law and Rent Stabilization Law. The Loft Board ruled that tenant wasn't a landlord and that landlord's purchase of outgoing tenant's loft improvements violated loft regulations and should be set aside. Landlord appealed and lost. Tenant occupied a portion of the building purchased by landlord and was referred to as a ''member'' on her lease. But tenant wasn't part of landlord/entity and didn't waive any rights under the Real Property Law or Rent Stabilization Law.

Loft tenant complained that landlord violated her rights under the Loft Law and Rent Stabilization Law. The Loft Board ruled that tenant wasn't a landlord and that landlord's purchase of outgoing tenant's loft improvements violated loft regulations and should be set aside. Landlord appealed and lost. Tenant occupied a portion of the building purchased by landlord and was referred to as a ''member'' on her lease. But tenant wasn't part of landlord/entity and didn't waive any rights under the Real Property Law or Rent Stabilization Law.

Herlihy v. N.Y.C. Loft Board: NYLJ, 2/9/06, p. 28, col. 4 (App. Div. 1 Dept.; Saxe, JP, Friedman, Catterson, Malone, JJ)

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