Former Loft Tenants Should Be Notified of Landlord's Loft Board Application

March 31, 2009

LVT Number: #21119

Landlord filed an abandonment application with the NYC Loft Board. The Loft Board ruled that landlord must amend its application to list former tenants as affected parties and send them copies of its application. The Loft Board also indicated that the former tenants' units had been abandoned. Landlord appealed, claiming that the Loft Board's decision was arbitrary and unreasonable. The court ruled for landlord and struck that part of the Loft Board order that required adding the former tenants to the proceeding. The Loft Board then appealed and won.

Landlord filed an abandonment application with the NYC Loft Board. The Loft Board ruled that landlord must amend its application to list former tenants as affected parties and send them copies of its application. The Loft Board also indicated that the former tenants' units had been abandoned. Landlord appealed, claiming that the Loft Board's decision was arbitrary and unreasonable. The court ruled for landlord and struck that part of the Loft Board order that required adding the former tenants to the proceeding. The Loft Board then appealed and won. The Board properly interpreted its own regulation and correctly interpreted its own prior order in implicitly finding that it had not decided the rights of the former tenants.

EPDI Associates v. NYC Loft Board: NYLJ, 3/12/09, p. 38, col. 6 (App. Div. 1 Dept.; Mazzarelli, JP, Saxe, Nardelli, DeGrasse, Freedman, JJ)

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