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…)

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. (read more…)

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…)

Loft-owner had a freestanding structure in their studio with a suspended ceiling that blocked access to sprinkler system. Marsha Pels owns a studio space at 99 Commercial Street in Greenpoint Brooklyn. In the middle of the studio the owner had a freestanding structure that contained a bed. On May 11, 2012, a fire department inspector observed that the freestanding structure had a suspended ceiling that was approximately 10 feet below the studio’s ceiling where sprinkler heads were installed. The FDNY issued a violation because the suspended ceiling would impede proper operation of the sprinklers in the event of fire. (read more…)

Tenants in loft law units sought rent regulation protection based on 2010 amendments. 59 Crosby Street in Manhattan was an interim multiple dwelling covered under the 1982 loft law. This law required an owner to convert an interim multiple dwelling building into legal residential premises and obtain a certificate of occupancy. The owners of 59 Crosby in 1984 purchased the rights and improvements to the fifth-floor interim multiple dwelling unit from the then-current tenant. In 1992 the owners purchased the rights and improvements to the second-floor interim multiple dwelling unit, also from the then-current tenants.   (read more…)