Brooklyn, NY – Top Court Says Loft Tenant Can’t Be Evicted

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    Brooklyn, NY – New York’s top court says the landlord of a New York City loft can’t evict the tenant or force her to pay rent since the building hasn’t yet been brought into compliance with the city’s loft law or received an extension to comply.

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    Chazon (CHAY’-zehn) LLC owns the Brooklyn loft where Margaret Maugenest (MOH’-jehn-ay) has not paid rent since 2003.

    The Court of Appeals notes Thursday that about a third of the more than 900 buildings, may former factories, originally under the Loft Board’s jurisdiction 30 years ago still have “interim” status.

    Judges say the law prohibits actions to recover rent or evict for nonpayment when the landlord hasn’t gotten a certificate of occupancy.

    They’re reversing decisions by a judge and midlevel court that approved Chazon taking her apartment.


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    6 Comments
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    11 years ago

    What kind of strange pronunciation is that Chazon?
    Clearly a mistake.

    sasregener
    sasregener
    11 years ago

    certificate of occupancy? if there is none then why should anyone be allowed to even live in the building? if they are allowed then why dont they have an obligation to pay rent. the housing laws in this city are paradoxical

    AuthenticSatmar
    AuthenticSatmar
    11 years ago

    Call the fire dept and the bldg dept claiming the building is unsafe. That will get her out.

    Oyvey
    Oyvey
    11 years ago

    Let’s see. The property belongs to the landlord. The occupant refuses to pay rent and the law lets her stay there. Effectively the courts are allowing her to steal someone else’s property. Shades of Sodom.
    This is typical of much of NY’s tenant-landlord regulations.
    It has long been said that in NYC the tenant owns the property.