New Hearing Required on Whether Loft Was Abandoned

April 1, 2004

LVT Number: 17222

Landlord asked the Loft Board for a determination that tenant had abandoned his loft and that it was no longer regulated. The Loft Board ruled for landlord. Tenant appealed and won. At the time landlord applied for the order, it hadn't registered the loft as an interim multiple dwelling or paid the annual registration fee required by law. So landlord's application for a ruling on tenant's loft shouldn't have been processed. Landlord then appealed.

Landlord asked the Loft Board for a determination that tenant had abandoned his loft and that it was no longer regulated. The Loft Board ruled for landlord. Tenant appealed and won. At the time landlord applied for the order, it hadn't registered the loft as an interim multiple dwelling or paid the annual registration fee required by law. So landlord's application for a ruling on tenant's loft shouldn't have been processed. Landlord then appealed. The case was sent back to the Loft Board for a new hearing on the merits, since a copy of landlord's application wasn't properly delivered to tenant.

Conley v. NYC Loft Board: NYLJ, 3/11/04, p. 26, col. 3 (App. Div. 1 Dept.; Ellerin, JP, Williams, Lerner, Marlow, JJ)

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