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. (read 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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75 Stewart Avenue, Brooklyn. Image credit: CityLand

Tenants sought loft law protection by claiming that two attached structures on one zoning lot were two separate buildings. A two-story building was constructed at 538 Johnson Avenue in the Williamsburg section of Brooklyn in 1916 using timber and wood planking. A four-story building was constructed adjacent at 75 Stewart Avenue in 1919 using concrete columns, beams and slabs. The four-story structure abuts the eastern wall of the two-story structure, and the stairwell in the two-story building was extended to reach all four floors. Both buildings were owned by Goldberger Dolls for 50 years, and were used in the production of dolls. In 1997 Goldberger sold the buildings under a single deed to Brocho V’Hatzlocho Corporation. (read 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. (read more…)