Unit Wasn't Occupied Residentially on April 1, 1980

April 1, 1994

LVT Number: 8665

Loft tenant applied to the Loft Board for coverage under Multiple Dwelling Law Article 7-C. The Loft Board ruled against tenant, finding the unit wasn't covered by the loft law. Tenant appealed. The court ruled against tenant, and he appealed again. The appeals court again ruled against tenant. The Loft Board found that tenant didn't qualify for coverage because the unit wasn't occupied for residential use on April 1, 1980. This ruling was reasonable.

Loft tenant applied to the Loft Board for coverage under Multiple Dwelling Law Article 7-C. The Loft Board ruled against tenant, finding the unit wasn't covered by the loft law. Tenant appealed. The court ruled against tenant, and he appealed again. The appeals court again ruled against tenant. The Loft Board found that tenant didn't qualify for coverage because the unit wasn't occupied for residential use on April 1, 1980. This ruling was reasonable. The Loft Board now acknowledges that tenant can seek a special permit under Zoning Resolution Section 74-782 to qualify for coverage, but tenant must get this permit from the proper city agency before the Loft Board can grant the application.

Matter of Bear: NYLJ, p. 26, col. 5 (3/14/94) (App. Div. 1 Dept.; Rosenberger, Ross, Asch, Rubin, Tom JJ)

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