Landlord Applied Too Late for Loft Legalization Extension

Landlord asked the Loft Board for an extension to legalize loft units for residential occupancy. The Loft Board ruled against landlord because its application was filed too late. Landlord appealed, claiming that the Loft Board's decision was arbitrary and unreasonable. The court ruled against landlord. Loft owners must obtain residential certificates of occupancy under a schedule set by the Multiple Dwelling Law. New York City regulations state that an extension application can't be filed after a deadline has passed. The Loft Board previously granted landlord a retroactive extension until May 2007, but landlord failed to file another extension application. Its new architect sent a letter request, but an application form was required, and the Loft Board didn't answer the letter. Landlord failed to show that there were conditions beyond its control that might excuse its delay or show that good-faith efforts were made to comply with the legal timetable.

Mapama Corp. v. NYC Loft Board: Index No. 112602/10, NYLJ No. 1202488318829 (Sup. Ct. NY; 3/14/11; Singh, J)