544 W 27th Street. Image Credit: Google Maps

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 granted the tenants leave to pursue their rights under the 2010 amendment to the Loft Law before the New York City Loft Board. The 2010 amendment protects tenants of buildings that were residentially occupied by two or more families between 2008 and 2009. (more…)

329 Greenwich Street in Manhattan. Image Credit: CityLaw.

Loft tenant filed a petition to annul a New York City Loft Board’s amended final determination that the fourth floor consisted of two separate and distinct apartment units, claiming he was the occupant of the entire floor. SMC Associates, the owner of a loft at 329 Greenwich Street, filed plans to legalize two units on the fourth floor of the building. Longtime tenant Stephen Grant challenged the legalization plan, claiming that the space on the fourth floor was actually only one unit, not two. (more…)

401 Wythe Avenue, Brooklyn. Image Credit: Google Maps.

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 (known as interim multiple dwellings) may ignore certain regulations imposed on commercial buildings. (more…)

99 Vandam Street

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 generally requires landlords to bring buildings into conformity with the required laws and codes for residential occupancy. Since acquiring the once commercial building, Bridge Associates never received a certificate of occupancy for residential use, nor have they commenced the process to bring the property into compliance with the Loft Law.

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475 Kent Avenue in Brooklyn. Image credit: Google Maps.

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 additional $180 a month.  Ohanesian included the $180 parking charge in his rent payment each month from February 2009 through February 2017.  All the invoices he received from the prior owner reflected the charge for $180. (more…)