Loft Board Should Consider Tenants' Noncompliance Application

April 30, 1999

LVT Number: 13193

Tenants applied to the Loft Board in 1990 for a ruling that landlord hadn't complied with loft law legalization timetables. The Loft Board held a hearing in 1996 and ruled against tenants because 1996 legislation had extended the compliance deadline several times since 1990 and so it didn't matter if landlord had missed a prior building legalization deadline. Tenants appealed, claiming that the Loft Board's decision was unreasonable. They claimed that if landlord had missed a prior deadline, it wasn't permitted to bring eviction cases against tenants.

Tenants applied to the Loft Board in 1990 for a ruling that landlord hadn't complied with loft law legalization timetables. The Loft Board held a hearing in 1996 and ruled against tenants because 1996 legislation had extended the compliance deadline several times since 1990 and so it didn't matter if landlord had missed a prior building legalization deadline. Tenants appealed, claiming that the Loft Board's decision was unreasonable. They claimed that if landlord had missed a prior deadline, it wasn't permitted to bring eviction cases against tenants. The court ruled for tenants and sent the case back for the Loft Board to rule on whether landlord had met the 1992 deadline for loft legalization.

Rehwinkle v. New York City Loft Board: NYLJ, p. 26, col. 2 (4/28/99) (Sup. Ct. NY; Cohen, J)

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