Loft Board Properly Directed a Deed Restriction

July 31, 1996

LVT Number: 10769

The Loft Board ruled that tenant's unit was an interim multiple dwelling and directed a deed declaration concerning landlord's lot-line windows. Landlord appealed, claiming that the Loft Board had no authority to direct a deed restriction. The court ruled against landlord. Loft Board regulations require landlord to make every effort to achieve code compliance of tenant's unit. While deed restriction isn't one of the listed alternatives in the regulations, the list wasn't meant to limit the options by which loft units could be legalized.

The Loft Board ruled that tenant's unit was an interim multiple dwelling and directed a deed declaration concerning landlord's lot-line windows. Landlord appealed, claiming that the Loft Board had no authority to direct a deed restriction. The court ruled against landlord. Loft Board regulations require landlord to make every effort to achieve code compliance of tenant's unit. While deed restriction isn't one of the listed alternatives in the regulations, the list wasn't meant to limit the options by which loft units could be legalized.

902 Assocs. v. NYC Loft Board: NYLJ, p. 25, col. 4 (7/29/96) (App. Div. 1 Dept.; Murphy, PJ, Sullivan, Rosenberger, Nardelli, Tom, JJ)

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