6 Greene St. Assocs. LLC v. Beron

In 6 Greene St. Assocs. LLC v. Beron, (App Term 1st Dept 2002), an ejectment action, plaintiff/landlord sought possession of a former loft upon defendant/tenant's refusal to execute a rent stabilized lease upon the conversion of a building from interim multiple dwelling to rent stabilized status. The Loft Board directed plaintiff to provide defendant with a lease which complied with the RSC. However, the lease offered by plaintiff limited defendant's occupancy to living purposes only "and for no other reason", which was contrary to the certificate of occupancy and zoning resolution allowing the apartment to be used for "joint living work quarters" and conflicted with the use of the premises as an artist's studio and residence since 1976. Second the lease contained a standard provision that any installations or alterations by defendant would become the property of plaintiff. Thus, held the Appellate Term, defendant was justified in rejecting the lease and was not subject to eviction for failing to sign it.