Certificate of Occupancy Invalidated

Facts: Tenants moved into a loft unit in 1978. Landlord bought the building in 1996. The building was registered with the Loft Board as an interim multiple dwelling. In 1987, prior landlord filed an alteration application. In 1996, new landlord filed an alteration application with DOB and claimed that the building was in compliance with the Loft Board's fire and safety requirements. In 1998, a DOB inspector confirmed that the required work had been done. In 2000, DOB issued a C of O for the building. But in 1999, tenants complained to the Loft Board that none of the claimed work had been done. In 2000, landlord asked the Loft Board for permission to increase tenants' rent. Tenants then complained to the Board of Standards and Appeals (BSA). The BSA refused to revoke the C of O because landlord had started to complete the required work. Tenants appealed. Court: Tenants win. The court and appeals court found that the BSA's decision was arbitrary and unreasonable. Landlord falsely certified that code compliance work had been completed and didn't do the required work for a substantial period of time, despite notice from DOB. The building's C of O was revoked.

Byrne v. BSA: NYLJ, 3/25/04, p. 27, col. 3 (App. Div. 1 Dept.; Nardelli, JP, Mazzarelli, Andrias, Marlow, Gonzalez, JJ)