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NY’s top court says loft tenant can’t be evicted

ALBANY — New York’s top court says the landlord of a New York City loft can’t evict the tenant or force her to pay rent since the building hasn’t yet been brought into compliance with the city’s loft law or received an extension to comply.


Chazon LLC owns the Brooklyn loft where Margaret Maugenest has not paid rent since 2003.


The Court of Appeals notes Thursday that about a third of the more than 900 buildings, may former factories, originally under the Loft Board’s jurisdiction 30 years ago still have “interim” status.


Judges say the law prohibits actions to recover rent or evict for nonpayment when the landlord hasn’t gotten a certificate of occupancy.


They’re reversing decisions by a judge and midlevel court that approved Chazon taking her apartment.