Building Was Horizontal Multiple Dwelling

March 1, 1994

LVT Number: 8589

Loft tenants complained to the Loft Board, claiming that landlord's two adjoining commercial buildings were a horizontal multiple dwelling and, therefore, subject to the Loft Law. The Loft Board ruled for tenants, and landlord appealed. The lower court and appeals court ruled against landlord. The two buildings were owned and managed by one landlord, had a common entranceway and stairwell, and were sold to the current landlord with one deed. The buildings had a common roof and drainage system, as well as decorative parapet.

Loft tenants complained to the Loft Board, claiming that landlord's two adjoining commercial buildings were a horizontal multiple dwelling and, therefore, subject to the Loft Law. The Loft Board ruled for tenants, and landlord appealed. The lower court and appeals court ruled against landlord. The two buildings were owned and managed by one landlord, had a common entranceway and stairwell, and were sold to the current landlord with one deed. The buildings had a common roof and drainage system, as well as decorative parapet. Also, at least one tenant occupied space in the two buildings as a continuous residential artist's unit during the applicable window period for loft status.

Pittis v. New York City Loft Board: NYLJ, p. 27, col. 2 (2/22/94) (App. Div. 1 Dept.; Rosenberger, JP, Ellerin, Kupferman, Nardelli, JJ)

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