From the NY Times:
The state’s highest court ruled on Thursday that a Brooklyn loft tenant who has not paid rent since 2003 could not be evicted because the landlord had not brought the building up to residential standards.
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The ruling by the State Court of Appeals could affect tenants in some buildings covered by the 1982 Loft Law, which has allowed hundreds of former manufacturing or commercial buildings to be rented to tenants as long as the landlords make necessary changes, namely in fire protection and other safety measures, to bring them up to residential building codes.
The tenant, Margaret Maugenest, has lived and worked as an artist in her Gowanus loft at 280 Nevins Street since 1984. According to her lawyer, Margaret B. Sandercock, Ms. Maugenest began withholding rent in 2003 because of maintenance, fire and safety issues. That rent, Ms. Sandercock said, was under $600 per month.
In 2008, the building owner, Chazon L.L.C., sued to evict Ms. Maugenest for nonpayment, and two lower courts ruled in Chazon’s favor. But on Thursday, the appeals court said that because Chazon had missed deadlines for bringing the building up to residential code, and did not receive an extension from the city’s Loft Board, state law prohibited it from evicting tenants, even for nonpayment.
6 comments:
The hipster has defeated a jew in a court of law? Astonishing, to say the least.
Sandercock... Heh, heh, heh........
Good for her!
To her credit, unlike many tenants in her position, it sounds like she's actually been putting aside the rent money and will pay it once the issues are fixed.
But on the other hand, if the building is a firetrap, why would you want to stay there for nine years?
Another reason not to be an owner in this city.
To 2nd to last anon - the tenants in this building have done a lot of work, spent a lot of money, since 1979 to make their spaces habitable - but there is only so much they can do. To legalize is the owner's responsibility. One major issue, for example, is the wooden stairs which are not code compliant and not safe. The heating system is unworkable - so very cold for some in the winter. To the last anon - I agree wholeheartedly that ownership is not always the ideal position. This bldg was in receivership for many many years, and tenants had a big hand in managing the building. The current owner got it (a 4-story 40,000 sq ft bldg) for under half a million (I think around 300,000). He was fully aware that we Loft Tenants have rights and that he had responsibilities to get the bldg. legallized. He has done nothing in 12 years except when he was forced to through legal action. I am sure this is not an uncommon story.
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