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118 Misc. 2d 253

Citation
118 Misc. 2d 253
Jurisdiction
New York (state)
Source verification
cross_accepted_sealed
Effective Date
1983-03-14

Full Text

1,800 chars
Defendant argues that the Loft Law is unconstitutional “since it denies the landlord the right to collect rent unless interim multiple dwelling status is conceded.” More precisely, defendant’s memorandum of law describes the due process problem this way: “The scenario played out in this action is one which, by now, has become all too familiar to the courts. The tenant commences an action seeking a declaration that the building in which he is a tenant is an interim multiple dwelling. He couples his action with an order to show cause which contains a stay enjoining the landlord from evicting the tenant. The tenant then stops paying rent, and the landlord is helpless to do anything about it.” If I perceive this argument accurately, defendant is not really attacking the Loft Law. Rather, it is complaining about the way in which the injunctive powers of the court are used. The Loft Law itself allows a suit to collect rent by a landlord of an interim multiple dwelling. (Multiple Dwelling Law, § 285, subd 1.) Defendant, who is challenging plaintiff’s claim of “interim multiple dwelling” status, has not even commenced an action to evict plaintiff and to collect rent arrears. It is the plight of such a landlord that was the subject of Justice Glen’s remark that the Loft Law has left a gap. Even so, she recognized an escape hatch for that landlord — to cut off again the essential services directed in a companion action conditionally upon payment of rent and arrears. Justice Glen did not suggest there was a constitutional infirmity in the Loft Law. Furthermore, the gap she perceived in the Loft Law concerned a landlord of a multiple dwelling who is blocked from maintaining a dispossess proceeding by the rule of Lipkis v Pikus (99 Misc 2d 518, affd 72 AD2d 697) and Mandel v Pitkows