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Posted by TenantNet on April 21, 1998 at 09:40:06:

In Reply to: tenant living in commercial "apartment" posted by lenkei on April 06, 1998 at 15:18:02:

: My building has six units. One of them was designated as an office on
: the C of O years ago so that the landlord could avoid the rent regulation
: laws. For many years this apartment has been used as an office, but now
: the landlord has someone living in it.

The landlord is violating the c of o. That's illegal: the landlord
could be forfeiting the rent, and is liable to be fined. The tenant may
or may not be violating the lease. Unless the landlord has retained the
right, in the lease to evict the tenant for using the space
residentially, the tenant cannot be evicted. Also, the tenant's rent
stabilization protection does not disappear merely because the landlord
attempted to reduce the number of residential units: if there were 6 on
the base date ('69 or '74), then the tenant is stabilized. Also, if a
sixth unit is added and outfitted for residential use by the efforts of
the tenant, it may be stabilized (Wilson v. One Ten Duane).

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Comments:
: : My building has six units. One of them was designated as an office on 
: : the C of O years ago so that the landlord could avoid the rent regulation
: : laws. For many years this apartment has been used as an office, but now
: : the landlord has someone living in it.

: The landlord is violating the c of o.  That's illegal: the landlord
: could be forfeiting the rent, and is liable to be fined.  The tenant may
: or may not be violating the lease.  Unless the landlord has retained the
: right, in the lease to evict the tenant for using the space
: residentially, the tenant cannot be evicted.  Also, the tenant's rent
: stabilization protection does not disappear merely because the landlord
: attempted to reduce the number of residential units:  if there were 6 on
: the base date ('69 or '74), then the tenant is stabilized.  Also, if a
: sixth unit is added and outfitted for residential use by the efforts of
: the tenant, it may be stabilized (Wilson v. One Ten Duane).



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