Building Not Covered Under Loft Law

LVT Number: 13622

Tenants applied to the Loft Board for a ruling that their building was an interim multiple dwelling (IMD). The Loft Board ruled against tenants, and they appealed, claiming that they lived in the loft during the Loft Law's window period. The court ruled against tenants. There was substantial proof supporting the Loft Board's ruling that tenants' residential use of the loft units during the window period for IMD coverage was only incidental to the commercial use of the lofts.

Tenants applied to the Loft Board for a ruling that their building was an interim multiple dwelling (IMD). The Loft Board ruled against tenants, and they appealed, claiming that they lived in the loft during the Loft Law's window period. The court ruled against tenants. There was substantial proof supporting the Loft Board's ruling that tenants' residential use of the loft units during the window period for IMD coverage was only incidental to the commercial use of the lofts.

Amann v. NYC Loft Board: 693 NYS2d 22 (1999) (App. Div.1 Dept.; Mazzarelli, JP, Wallach, Rubin, Andrias, Saxe, JJ)