Residential Occupancy Was Legal Under Loft Law

DOB issued a violation notice to landlord for using the third, fourth, and fifth floors of the building as residential space. The C of O permitted restaurant use on the first floor but required the second through fifth floors to remain vacant. Landlord claimed the building was an interim multiple dwelling and that residential use was permitted. ALJ ruled against landlord and fined it $800. Landlord appealed. The Loft Board had issued an order on Jan. 20, 1995, declaring the building an IMD and ordering landlord to register the building with the Loft Board. Landlord hadn't done so before the violation notice was issued on Feb. 10, 1995. ECB ruled for landlord and revoked the fine. Although landlord might be subject to other fines and sanctions by the Loft Board for not yet registering, and the C of O hadn't been amended by the date the violation was issued, residential occupancy was legal on the date the violation notice was issued. Landlord also had six months to amend the C of O under the Multiple Dwelling Law.

76 Pearl St. Corp.: ECB App. No. 23691 (3/26/97) [2-page document]