Loft Tenants Can't Seek Enforcement of HMC in Housing Court

Residents of an interim multiple dwelling (IMD) subject to the NYC Loft Law brought an HP proceeding against landlord in housing court seeking an order to correct certain building conditions, and an injunction barring harassment as defined in the NYC Housing Maintenance Code (HMC). The court ruled against tenants, finding that the standards set forth in the HMC were not enforceable in an IMD. The New York State Legislature created the NYC Loft Board and, instead of relying on the existing HMD, required the Loft Board to issue and enforce its own "rules and regulations governing minimum housing maintenance standards" in IMDs. The Loft Board did issue minimum housing maintenance standards and a procedure for their enforcement. 

Baer v. 400 S. 2nd St. Realties: Index No. 6087/20, 2021 NY Slip Op 21100 (Civ. Ct. Kings; 4/8/21; Weisberg, J)