Lee v. Gasoi

OPINION OF THE COURT

Helen E. Freedman, J.

In this holdover proceeding petitioners seek possession of a second floor loft premises. The subject building contains six apartments registered with the Rent Stabilization Association (RSA), in addition to two floors which are commercial. Respondent resides on the second floor pursuant to a standard form of loft lease.

Petitioner contends that respondent’s residential use is unauthorized. There was substantial uncontradicted testimony by the former landlord that respondent’s tenancy had been residential from its inception in November, 1978. The…