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Posted by Shelley on June 07, 2000 at 21:52:49:

In Reply to: loft in Brooklyn and big rent increase posted by whitney on June 07, 2000 at 21:38:51:

: I live in a loft in Williamsburg Brooklyn. There are 6 units although I am unable to determine if it is regulted by your search area. How can I determine this? I have lived there for four years. he will be attempting to raise the rent when our leases run out in october to market rates. Can he just go and do this? Our rents are below market.

Your landlord does not know this yet, but your building might be stabilized. The basic rule is 6 residential units in a building built before 1974, regardless of when the apartments were built. There are some exceptions.

This is the most recent of several decisions like this. Find the others in the Housing Court section on Tenant.net. Then go to any of the Housing Courts whre these cases are, photocopy the files, read them, compare them to your building, organize your neighbors, hire one of the attorneys who won these cases.

'Loft' Tenants May Receive Protection
From Rent-Stabilization Law,
Emergency Act

IN AN EJECTMENT action, plaintiff landlord sought to recover
premises that were rented as lofts to residential tenants.
Plaintiff had been served with a series of notices of violations
for creating residential apartments in the building in violation of
its certificate of occupancy. Plaintiff moved for summary
judgment based on the undisputed fact that the building was
not residentially occupied during the Loft Law window period of
April 1, 1980 to Dec. 1, 1981, and therefore did not qualify for
interim multiple-dwelling status under the Loft Law. The court
rejected plaintiff's argument, saying that regardless of the
building's lack of interim multiple dwelling status under the Loft
Law, defendant tenants may qualify for protection under the
Rent Stabilization Law of 1969 and the Emergency Tenant
Protection Act of 1974.
Gloveman Realty Corp. v. Jefferys, Kings, Supreme Court,
IA Part 8, Justice Clemente. QDS:42702613.

http://www.nylj.com/decisions/00/06/060700b1.htm

• NYLJ: important case for 'loft' tenants

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Comments:
: : I live in a loft in Williamsburg Brooklyn.  There are 6 units although I am unable to determine if it is regulted by your search area.  How can I determine this?  I have lived there for four years.  he will be attempting to raise the rent when our leases run out in october to market rates.  Can he just go and do this?  Our rents are below market.


: Your landlord does not know this yet, but your building might be stabilized.  The basic rule is 6 residential units in a building built before 1974, regardless of when the apartments were built.  There are some exceptions.

: This is the most recent of several decisions like this.  Find the others in the Housing Court section on Tenant.net.  Then go to any of the Housing Courts whre these cases are, photocopy the files, read them, compare them to your building, organize your neighbors, hire one of the attorneys who won these cases.


:                 'Loft' Tenants May Receive Protection
:                 From Rent-Stabilization Law,
:                 Emergency Act 

:                 IN AN EJECTMENT action, plaintiff landlord sought to recover
:                 premises that were rented as lofts to residential tenants.
:                 Plaintiff had been served with a series of notices of violations
:                 for creating residential apartments in the building in violation of
:                 its certificate of occupancy. Plaintiff moved for summary
:                 judgment based on the undisputed fact that the building was
:                 not residentially occupied during the Loft Law window period of
:                 April 1, 1980 to Dec. 1, 1981, and therefore did not qualify for
:                 interim multiple-dwelling status under the Loft Law. The court
:                 rejected plaintiff's argument, saying that regardless of the
:                 building's lack of interim multiple dwelling status under the Loft
:                 Law, defendant tenants may qualify for protection under the
:                 Rent Stabilization Law of 1969 and the Emergency Tenant
:                 Protection Act of 1974. 
:                  Gloveman Realty Corp. v. Jefferys, Kings, Supreme Court,
:                 IA Part 8, Justice Clemente. QDS:42702613. 

: http://www.nylj.com/decisions/00/06/060700b1.htm


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