Certificate of Occupancy Voided

April 30, 2002

LVT Number: 15775

Tenants appealed a ruling by the Board of Standards and Appeals upholding the Certificate of Occupancy (C of O) for their loft building. Landlord's architect had certified that the building met the safety and fire requirements of the Loft Law. A city building inspector had falsely found that all necessary work for the C of O had been done. The Loft Board approved rent increases for the building based on the C of O. The Board of Standards and Appeals wouldn't take action because landlord was willing to complete needed repair work. The court ruled for tenants.

Tenants appealed a ruling by the Board of Standards and Appeals upholding the Certificate of Occupancy (C of O) for their loft building. Landlord's architect had certified that the building met the safety and fire requirements of the Loft Law. A city building inspector had falsely found that all necessary work for the C of O had been done. The Loft Board approved rent increases for the building based on the C of O. The Board of Standards and Appeals wouldn't take action because landlord was willing to complete needed repair work. The court ruled for tenants. The C of O was void because it never should have been issued. The building wasn't up to code. And to allow the C of O to stand based on landlord's promise to finish the repair work would reward possible wrongdoing.

Byrne v. Board of Standards and Appeals: NYLJ, 4/17/02, p. 26, col. 4 (Sup. Ct. NY; Cahn, J)

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