Blackgold Realty Corp. v. Milne
| Decision Date | 30 June 1983 |
| Citation | 464 N.Y.S.2d 969,119 Misc.2d 920 |
| Parties | BLACKGOLD REALTY CORP., Petitioner, v. Robert S. MILNE, Respondent. BLACKGOLD REALTY CORP., Petitioner, v. Solange MARCIN, Respondent. BLACKGOLD REALTY CORP., Petitioner, v. Charlotte DURHAM, Respondent. |
| Court | New York City Court |
Herzfeld & Rubin, P.C., New York City, for petitioner.
Jeffrey S. Ween, New York City; by Jeffrey S. Ween and Ava Alterman, New york City, of counsel, for respondent.
These summary proceedings were commenced to evict three residential tenants for nonpayment of rent. The landlord has not included a multiple dwelling registration number in its petition, but alleges that the building, which it is attempting to register with the Loft Board, is an interim multiple dwelling under the 1982 Loft Law L.1982, ch. 349, presently codified as Multiple Dwelling Law Article 7-C.
The tenants move to dismiss on the ground that the landlord has failed to allege registration of the building as a multiple dwelling. The tenants also contend that the landlord cannot plead interim multiple dwelling status because the building has previously been adjudicated a de facto multiple dwelling and has already been declared to be subject to rent control.
In 1979, the landlord commenced summary holdover proceedings against these same three tenants (L&T Index Nos. 114859-114862 of 1979). After trial, Judge Herman Cahn, by decision dated May 13, 1980, held that the building is a de facto multiple dwelling and, under the authority of 155 Wooster Street Associates v. Bengis, N.Y.L.J. July 2, 1979, p. 12, col. 1 (A.T. 1), dismissed the petitions for failure to prove the issuance of a multiple dwelling registration number.
In a subsequent administrative proceeding, the Commissioner of the Department of Housing Preservation and Development, by order dated August 28, 1980, held that the building is subject to the Rent Control Law and Regulations. This determination, which was never challenged by the landlord, is not subject to collateral attack. Chatsworth 72nd Street Corp. v. Rigai, 35 N.Y.2d 984, 365 N.Y.S.2d 531, 324 N.E.2d 888 (1975); Carnegie Hall Corp. v. Duchein, N.Y.L.J., July 14, 1982, p. 6, col. 1, (A.T. 1).
The landlord asserts that despite these prior determinations the premises fall within the classification of "interim multiple dwelling" as defined in the 1982 Loft Law, Multiple Dwelling Law, Sec. 281.
It is clear that this building is not subject to regulation under the Loft Law even if it does meet the tests set forth in section 281. 1
The 1982 Loft Law is designed to provide for the transition of unregulated loft dwelling units into the Rent Stabilization system. The statutory background of this law indicates that the legislature was addressing tenancies of "uncertain status" and "unregulated residential conversions." Multiple Dwelling Law, Sec. 280. The law creates the classification of "interim multiple dwelling" to permit regulation by the Loft Board during the...
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