LOFTS

No Illusory Tenancy Created in Loft Unit

November 29, 2017    

Landlord sued to evict loft tenant and occupant based on tenant's nonprimary residence. The occupant claimed that there was an illusory tenancy between landlord and tenant and that she should be deemed a tenant....

Buyouts of Prior Loft Tenants Permanently Excluded Units from Rent Regulation

June 20, 2017    

The Loft Board found that residential units in a building qualified as interim multiple dwellings (IMDs) under the Loft Law but weren't subject to rent stabilization upon prior landlord's purchase of former...

Tenant's Loft Was Actually Two IMD Units

January 17, 2017    

Tenant appealed a decision of the NYC Loft Board, which found that the fourth-floor loft that tenant entirely occupied consisted of two separate apartment units, and that he was the tenant of record of only one of...

Loft Tenant's Estate Administrator Can't Take Possession

February 16, 2016    

Deceased tenant’s estate administrator, who was tenant’s brother, sued landlord, seeking to be restored to possession of tenant’s apartment. Tenant had moved into the apartment in 1978, became...

Loft Wasn't Deregulated

April 16, 2014    

Landlord sued to evict tenant, claiming that tenant's loft unit was deregulated and no longer subject to Article 7-C of the Loft Law. The trial court ruled for landlord. Tenant appealed and won. Landlord claimed...

Loft Tenant Can Sue DOB and Loft Board

April 16, 2014    

Loft tenant sued landlord, HPD, DOB, and the NYC Loft Board in housing court, seeking repairs and correction of building violations. DOB and the Loft Board asked the court to dismiss the HP proceeding as against them...

Loft Tenants Can't Partition Loft

February 19, 2014    

Residential loft tenant sued co-tenant for partition of loft. While the case was pending, tenant asked the court to direct co-tenant to pay his portion of past-due rent as well as one-half of ongoing monthly rent. In...

Tenant's Appeal of Deregulation Order Filed Too Late

November 15, 2013    

In 2005, the NYC Loft Board ruled that tenant's apartment was no longer subject to rent regulation. In 2012, tenant filed an Article 78 mandamus petition seeking: (1) annulment of the 2005 Loft Board order; (2) a...

Tenant Must Pay Use and Occupancy Pending Ruling

July 10, 2013    

Landlord sued to evict tenant, claiming that the tenancy was unregulated. Tenant claimed that she was subject to Loft Law coverage and asked the court to delay ruling on landlord's case until her pending coverage...

Loft Building Is Interim Multiple Dwelling

December 11, 2012    

Landlord sued to eject tenants from loft building, claiming that they used the building for residential purposes in violation of their commercial leases. Tenants asked the court to dismiss the case. They claimed that...

Loft Improvements Became Landlord's Property

November 16, 2012    

Loft tenant sued landlord, seeking restitution for improvements he made to eight lofts in landlord's building. Landlord, in turn, sought ejectment and recovery of the eight units. The court ruled for landlord....

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