Tenant's Loft Was Actually Two IMD Units

Tenant appealed a decision of the NYC Loft Board, which found that the fourth-floor loft that tenant entirely occupied consisted of two separate apartment units, and that he was the tenant of record of only one of the two units. The court denied tenant’s Article 78 appeal. Tenant appealed further and lost. The Loft Board’s finding, that tenant waived the objections he now sought to assert to the division of the fourth floor into two units, was rationally based and not contrary to law. Tenant participated in a 1994 narrative statement conference where the landlord submitted plans for the legalization of the fourth-floor loft as two interim multiple dwelling (IMD) units. At that time, tenant didn’t object to the configuration of the loft as two units. The Loft Board certified landlord’s compliance with the narrative statement process, and DOB then issued a work permit legalizing the floor as two IMD units. Under applicable Loft Board rules, tenant thereby waived his right to object to that configuration. And hearing evidence showed that the fourth floor was made up of two separate units on the effective date of the Loft Law.

Grant v. New York City Loft Board: 2016 NY Slip Op 08952, 2016 WL 7470288 (App. Div. 1 Dept.; 12/29/16; Mazzarelli, JP, Sweeny, Richter, Manzanet-Daniels, Feinman, JJ)