Unit in Commercially Zoned Loft Building Not Covered
LVT Number: 16686
(Decision submitted by David M. Berger of the Brooklyn law firm of Tenenbaum Dunbar & Berger, LLP, attorneys for the landlord.) Facts: Landlord sued to evict two commercial loft tenants. Tenants claimed that they were residential and protected by either the Loft Law or the ETPA. They lived in at least part of the space that they rented with landlord's knowledge. Court: Landlord wins. The loft building was commercially zoned. Architects for both sides testified that it would be hard to get a variance for residential use. ETPA coverage doesn't extend to illegal tenancies that can't be made legal.
Meserole Ave. LLC v. Lyght: L&T Index No. 057802/01 (Civ. Ct. Kings 6/3/03; Wright, J) [9-pg. doc.]