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 unlicensed architect, in 1994. Following the marriage, Mickle moved into units 4S. Nazor and Mickle separated in 2004 with no formal separation agreement and both continued to occupy their respective lofts. In 2002 Mickle established his current business, Rational Building Company Inc., and listed 544 West 27th Street as the company’s address.

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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…)

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…)

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.

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 threshold if the exterior terrace/balcony were included in the calculation. The parties stipulated that the interior space was less than 400 square feet and submitted the issue of coverage to OATH. (more…)