Tenant Not Entitled to Loft Law Coverage

November 17, 2018

LVT Number: #29736

Tenants applied to the NYC Loft Board for loft law coverage under Multiple Dwelling Law Article 7-C, the interim multiple dwelling law. The Loft Board ruled against tenants, who filed an Article 78 court appeal and lost. Tenants failed to show that they residentially occupied a unit on April 1, 1980, the first day of the window period under the Loft Law. The Loft Board reasonably found that tenant's testimony as to when he started living in the unit wasn't credible. 

Tenants applied to the NYC Loft Board for loft law coverage under Multiple Dwelling Law Article 7-C, the interim multiple dwelling law. The Loft Board ruled against tenants, who filed an Article 78 court appeal and lost. Tenants failed to show that they residentially occupied a unit on April 1, 1980, the first day of the window period under the Loft Law. The Loft Board reasonably found that tenant's testimony as to when he started living in the unit wasn't credible. 

Lerner v. NYC Loft Board: 2018 NY Slip Op 06888 (App. Div. 1 Dept.; 10/9/18; Gische, JP, Kahn, Kern, Moulton, JJ)

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