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Working at home; business use of home

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Working at home; business use of home

Postby TenantNet » Wed Jul 11, 2018 9:21 am

Rather than recreate the wheel, there are a number of threads on the Forum where the issue of operating a business from your home in NYC is discussed. The threads focus more on the practical than the legal aspects.

viewtopic.php?t=10723

viewtopic.php?f=3&t=10739

viewtopic.php?f=3&t=10836

There are undoubtedly more thread that touch on this, but these popped up quickly. You can search the Forum for more, looking at words such as business, working, clients and so on.
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Re: Working at home; business use of home

Postby TenantNet » Wed Jul 11, 2018 9:40 am

Questions that arise when one considers having a business in their home include:

- how many clients per day can a tenant have visit?
- what about a business use clause in the lease?
- is the business legal and does it need to be licensed or regulated?
- which rules, the Building Code, Zoning Resolution, or the lease? Some say the code provisions supersede provisions of a lease; others say the lease rules. And others say all must be satisfied.
- even if you're "legal," a litigious landlord can make life difficult for the tenant operating a business
- other tenants in the building might object
- If the landlord takes the issue to court, and if the court finds against the tenant, can the situation be cured by discontinuing the business? Must a tenant refund to clients all money that was generated? How likely would it be that a tenant will be evicted?
- Home sharing, i.e., AirBnB, falls under this discussion. But home sharing is unique and regulated by additional city and state laws. Tenants might have to comply with certain provisions that normally would be required of commercial hotels.
- is the business or professional use incidental or secondary to the residential use? A lease clause that is more restrictive than that could be unenforceable.

Cases to consider

Besser v Beckett 253 AD2d 648 (1st Dept, 1988).
https://www.leagle.com/decision/1998901253ad2d6481581

Mason v. Dept. of Bldgs, 307 A.D.2d 94 (2003).
https://www.leagle.com/decision/2003401307ad2d941382
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