OATH Trial Judge Recommends Denial of Loft Law Protection to Separated Couple

Board found the two-family requirement was not met.  In 1983 Maria Nazor, an artist, leased the fourth floor of 544 West 27th Street in Chelsea for ten years from the owner. Nazor, with the owner’s consent, created two separate lofts each with their own kitchen, bathroom, and five independent studio spaces.  Nazor occupied 4N and rented unit 4S and the studios to various tenants and artists at a prorated rent.  Nazor married Peter Mickle, an … <Read More>

Loft status denied for non-resident

Loft occupant moved out prior to applying for protected status. Frank Hughes was a resident at 401 Wythe Avenue, Brooklyn, New York, a commercial building with several residential units. In 2012, Hughes and other residents of the building applied to the New York City Loft Board for Loft Law occupant protection status, which referred the applications for an OATH hearing. The 401 Wythe Avenue residents sought Loft Law status because lofts in split commercial/residential buildings … <Read More>

Loft board determination upheld

Tenants claimed a permanent residence in loft building. Loft tenants Maria Nazor and Peter Mickle have occupied units 4N and 4S of 544 West 27th Street in Chelsea since 1983 and 1995, respectively. In 2009, after two unsuccessful holdover proceedings, landlord Sydney Sol Group Ltd. (f/k/a Mushlam, Inc.) won a judgement of ejectment against Nazor and Mickle in New York County Supreme Court. In December 2010, the Supreme Court vacated the judgement of ejectment and … <Read More>

Second Circuit Upholds Ruling that Loft Tenants Have Property Rights in Bankruptcy Proceedings

Loft Law prevents using bankruptcy as a tool to circumvent housing law. In 2002, Bridge Associates of Soho, Inc. (“Bridge Associates”) acquired 99 Vandam Street in the SoHo neighborhood of Manhattan. 99 Vandam is a seven-story residential loft building that has been governed by Article 7-C of the New York Multiple Dwelling Law (“Loft Law”) since approximately 1991. Loft Law governs the conversion of manufacturing and commercial use buildings to residential use buildings. The law … <Read More>

Balcony Ruled Not Part of Loft

Loft tenant counted terrace/balcony to reach statutory minimum of 400 square feet. David Coventry rented unit 1109 of a loft building located at 475 Kent Avenue, Brooklyn. Coventry applied for coverage and protection under the Loft Law. The owner of 475 Kent Avenue opposed, arguing that unit 1109 measured less 400 square feet, the minimum size required to be covered by the Loft Law. Coventry responded that unit 1109 would meet the 400 square foot … <Read More>

Loft Tenant Wins Parking Space

New owner of a Brooklyn loft building demanded that resident vacate his parking space. Andrew Ohanesian, an artist, is the tenant of loft Unit 709, located at 475 Kent Avenue, Brooklyn.  Ohanesian signed a one-year lease with the building’s prior owner in February 2009 and has lived in the building ever since.  The prior owner verbally agreed that Ohanesian could use a designated parking space in the loading bay area of the building for an … <Read More>