Tenant Not Covered by 1982 Loft Law

January 1, 2011

LVT Number: #23092

Tenant appealed a Loft Board ruling that he wasn't covered by the Loft Law of 1982, claiming that it was arbitrary and unreasonable. The court ruled against tenant. Tenant claimed that a 2005 amendment to the city's zoning laws made his unit subject to Loft Law coverage. But the 1982 Loft Law was intended to take a snapshot of those people in buildings eligible for protection during the window period between April 1, 1980, and Dec. 1, 1981. It didn't cover buildings in areas later rezoned to permit residential use unless designated as study areas.

Tenant appealed a Loft Board ruling that he wasn't covered by the Loft Law of 1982, claiming that it was arbitrary and unreasonable. The court ruled against tenant. Tenant claimed that a 2005 amendment to the city's zoning laws made his unit subject to Loft Law coverage. But the 1982 Loft Law was intended to take a snapshot of those people in buildings eligible for protection during the window period between April 1, 1980, and Dec. 1, 1981. It didn't cover buildings in areas later rezoned to permit residential use unless designated as study areas. The 2005 zoning change, which permits residential use in the area where tenant's building is located, didn't result in coverage under the Loft Law of 1982.

Salvadore v. NYC Loft Board: NYLJ, 12/13/10, p. 18, col. 2 (App. Div. 1 Dept.; Gonzalez, PJ, Saxe, Catterson, Acosta, Manzanet-Daniels, JJ)

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