Two Buildings Considered One for Loft Law Coverage

Facts: Tenants asked the Loft Board to rule that their two buildings were covered under the Loft Law as one building. The Loft Board ruled that the two addresses constituted a single horizontal multiple dwelling entitled to Loft Law coverage. The Loft Board based its decision on the buildings' common ownership and management; shared boiler, water heater, and sprinkler system, and use of the ground floor by one commercial tenant. Landlord appealed, arguing that they couldn't be considered ''one'' building because they had separate entrances, stairways, mailboxes, water meters, and real estate billings. Court: Landlord loses. The Loft Board's decision was rationally based, considering that landlord paid for real estate taxes and utilities with one check, and that the buildings have common fire escapes, boiler, water heater, sprinkler system, and a shared commercial tenant. Also, the Board's ruling was consistent with other cases where two or more buildings were considered as one for Loft Law coverage.

105 West 28th St. Corp. v. NYC Loft Board: NYLJ, p. 27, col. 5 (12/23/94) (Sup. Ct. NY; Arber, J)