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. (read more…)