Tenants Didn't Prove Loft Law Coverage Applied

February 12, 2020

LVT Number: #30618

Tenants applied for Loft Law coverage for their units under Multiple Dwelling Law Article 7-C. The NYC Loft Board ruled against tenants, who then filed an Article 78 court appeal of the Loft Board's decision. The court ruled against tenants. The Loft Board's decision was supported by substantial evidence that neither tenants nor landlord lived in the building for 12 consecutive months during the relevant Loft Law window period between Jan. 1, 2008, and Dec. 31, 2009.

Tenants applied for Loft Law coverage for their units under Multiple Dwelling Law Article 7-C. The NYC Loft Board ruled against tenants, who then filed an Article 78 court appeal of the Loft Board's decision. The court ruled against tenants. The Loft Board's decision was supported by substantial evidence that neither tenants nor landlord lived in the building for 12 consecutive months during the relevant Loft Law window period between Jan. 1, 2008, and Dec. 31, 2009. The court couldn't substitute its judgment for that of the ALJ who weighed witness credibility at a Loft Board hearing. The Loft Board's decision was well reasoned and unbiased.

Nazor v. NYC Loft Board: Index Nos. 159870/18 et al., 2020 NY Slip Op 00555 (App. Div. 1 Dept.; 1/28/20; Friedman, JP, Webber, Kern, Gonzalez, JJ)

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