Panel: Landlord Can Throw Out Illegal Loft Tenants, But No Back $


On Friday a state appellate panel unanimously agreed that a landlord who had allowed tenants to live in a loft in his commercial building could evict them for violating their winked-at commercial lease, reports the New York Law Journal This decision, rendered in Brooklyn, also stipulated that the landlord could not recover rent the tenants had withheld in their dispute — which is slightly more generous to tenants of illegal lofts than a previous Manhattan appellate panel decision, which had said a landlord could legally seek withheld rent in such cases.

The newer panel, hearing the appeal of John Caldwell and Desiree Konian against landlords American Package Company, also found that the tenants were not protected by the Emergency Tenants Protection Act of 1974 which offers some protections from “nuisance” etc. to residential tenants. New York’s Loft Law, allowing some residential tenancy in commercial buildings, applies only to occupancies that began before April of 1980.