This "ruling" is having a major impact on the rights of tenants in converted loft space in NYC.
This ruling for the most part renders all claims on the part of tenants regarding their abilities to secure protection against the abusive and illegal practices of Landlords and their "primary tenant-lackies" as null and void. Given the inherent faults associated with the myopic nature of the "Loft Law," the ETPA appeared to be the only arena in which tenants could seek relief from the blatantly illegal practices of LLs in the case of loft spaces.
Without recourse to the ETPA and given the absolutely irrelevant nature of the LOFT LAW, especially when a case concerns a Borough outside of Manhattan proper, tenants are faced with little or no options.
This ruling essentially eviscerates any claim on the part of tenants to protection under the Rent Stabilization Code, and basically allows the LLs to act with impunity.
This ruling represents a dramatic turn of events and could possibly prove detrimental in ways that we cannot imagine.
The questions concerning "illusory prime tenancy" cease to have any merit whatsoever under this new "Rubric." (I know from first hand experience.) Faced with this new "condition" tenants have little or no recourse in a court of Law.
I just thought you all should know this.