Owner tries to evict tenants based on zoning while seeking to convert building to residential use. Amy Kreiling and Roy Williams leased a studio unit from Thames Realty, owner of a loft building located within a manufacturing zoning district in Williamsburg, Brooklyn. Although the lease limited their use to business purposes, the tenants used the unit as their residence. Five years into the tenancy, Thames notified them that it wished to terminate the lease. When they refused to move, Thames began a court proceeding to remove them, claiming that Kreiling and Williams were illegally using the unit as a residence in violation of the building’s manufacturing zoning.

In response, Kreiling and Williams claimed that Thames presented the loft as a residential unit, the managing agent knew they intended to reside in the loft, the building included laundry and other residential amenities, and at least 14 other tenants resided in the building. The tenants submitted evidence to show that Thames wanted tenants out of the building and was curtailing services it once provided. In addition, the Department of Buildings had previously issued a temporary residential certificate of occupancy to Thames, and Thames had sought approval from the state to convert the building into residential condos. (more…)

Confusion existed in the closely held Limited Liability Corporation. In 2005, two tenants from 13 E. 17th Street filed a complaint with the Loft Board, claiming the building’s owner failed to install sprinklers as required and requesting fines. The tenants named Nathan Silverstein as the owner.

In Silverstein’s first letter to the Loft Board, he listed the correct owner as “13 E. 17 LLC,” but all remaining documents, including his formal response to the tenants’ charges, contained only Silverstein’s name. Silverstein then personally appeared at the OATH hearing. (more…)

One-story addition was visible from adjacent street. In 2002, the owners of 363-65 Greenwich Street, an 1866 Italianate loft in Manhattan’s Tribeca West Historic District, sought approval to add a one-story rooftop addition. Landmarks’ staff approved without a hearing after concluding that the addition would not be visible from any public street. When construction was completed, the owners realized that the addition was visible along Harrison Street and consequently the staff-level approval was flawed. The owners then sought a second approval.

At the hearing, Commissioner Joan Gerner praised the owners’ “refreshing honesty” in coming forward with the second application. Landmarks approved, finding that the constructed addition was barely visible and did not detract from the historic district. (more…)