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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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…)