Landlord Can't Get Preliminary Approval of Plan to Remove Building's Gas Service
LVT Number: #30756
Landlord of loft building sued tenants and the NYC Loft Board, seeking an injunction against building occupants from interfering with landlord's work to legalize the building and pursuing its amended legalization plan. The court denied landlord's request for a preliminary injunction.
The building was a registered Interim Multiple Dwelling (IMD) under the Loft Law. In May 2018, the Loft Board issued a certification that landlord's filed narrative statement complied with requirements of city regulations. The narrative statement described the work landlord intended to do. In November 2018, landlord filed an amended narrative statement with the Loft Board, which now included the removal of gas ovens from all residential units and replacing them with electric equipment. Landlord also sought to remove all existing walls and plumbing fixtures and create new open kitchens, bedrooms, and closets, as well as replacement of baseboard heaters with centralized heating and air conditioning.
In accordance with city regulations, tenants filed an alternate plan in response. Tenants sought to retain the existing gas service.
The Loft Board didn't issue any written determination or certification concerning landlord's amendment statement before landlord filed its court action.
The court found that tenants had a right to oppose the proposed amendments to the narrative statement. And there were questions of fact and law as to whether the changes were needed to legalize the building. Landlord also presented no proof to support its claim that the building's gas system was dangerous, illegal, and posed an imminent threat to the lives and safety of the building's occupants and the public. So the court wouldn't direct the Loft Board to certify landlord's amended narrative statement at this time. The case was adjourned for a further court conference.
475 Kent Owner v. Pomeroy: Index No. 512835/2018, 2020 NY Slip Op 31043(U)(Sup. Ct. Kings; 4/20/20; Levine, J)