Loft Board Grants Tenant Protected Occupancy Status in Primary Residence Dispute

The NYC Loft Board granted tenant's application for protected occupancy status. Landlord filed an Article 78 court appeal of the Loft Board's decision. The court ruled against landlord, who appealed and lost. There was no error of law in the Loft Board's ruling on tenant's application. Tenant was holding a 10-year, B-1/B-2 temporary business and tourist visa and could seek to demonstrate that his loft unit was his primary residence by showing an "unusual circumstance" in which his "principal dwelling place for immigration purposes was in in one place, and his primary residence for rent regulation purposes was in another." The appeals court also found that the Loft Board's determination granting protected occupancy status to tenant was supported by substantial evidence. The appeals court noted that, because the case involved an issue of substantial evidence, the Article 78 appeal should've been transferred directly to the appeals court. 

Matter of 475 Kent Owner LLC v. NYC Loft Board: Index No. 152193/21, App. No. 16063, Case No. 2021-03899, 2022 NY Slip Op 03568 (App. Div. 1 Dept.; 6/2/22; Manzanet-Daniels, JP, Kapnick, Shulman, Rodriguez, Higgitt, JJ)