Tenants Can Proceed with Demand for 7-A Administrator

(Decision submitted by Robert Grimble, of the Manhattan law firm of Grimble & LoGuidice, LLC, attorneys for the tenants.) Loft tenants sued landlord and asked the court to appoint a 7-A administrator to manage the building. HPD, the New York City Loft Board, ECB, and landlord's mortgage holder also were joined in the case. Landlord asked the court to dismiss the case without a trial. Landlord claimed that not enough tenants had joined in the proceeding. Landlord presented a Loft Board Registration Renewal Invoice listing five units. An Article 7-A proceeding can be held only if the tenants filing the action make up one third or more of the adult tenants actually and currently occupying the building. The court ruled against landlord. Landlord and tenants each interpreted the Loft Board invoice differently. So it was unclear whether one third of the current tenants had joined in the proceeding. Because tenants claimed that they made up one third of the building's tenants and that there were hazardous conditions in the building, the tenants could go forward to try to prove their case.

Ledoux v. 191 Christie LLC: Index No. 73987/07 (9/6/07) (Civ. Ct. NY; Capella, J) [6-pg. doc.]