119 Fifth Avenue Corp. v. New York City Loft Board

Court: Appellate Division of the Supreme Court of the State of New York; June 9, 1998; New York; State Appellate Court

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The Supreme Court of New York County, under Justice Herman Cahn, issued a judgment on May 22, 1997, denying a landlord's application to annul the Loft Board's determination that the apartment in question is rent-stabilized. The court ordered the landlord to provide the tenants with a rent-stabilized lease and to register the apartment with the State Division of Housing and Community Renewal. It was affirmed unanimously without costs. The ruling emphasized that owners of legalized Interim Multiple Dwellings with fewer than six residential units are required to offer rent-stabilized leases to tenants protected under the Loft Law and to register these units accordingly. The decision referenced the precedent set in Matter of 91 Fifth Ave. Corp. v New York City Loft Bd., 249 AD2d 248. The ruling was concurred by Justices Sullivan, Rosenberger, Wallach, and Andrias.