Loft Board Reduces Tenant's Rent

March 7, 2012

LVT Number: #23933

Landlord sought a ruling from the Loft Board to determine tenant's legal rent. The Loft Board reduced tenant's rent, and landlord appealed, claiming that the Loft Board's decision was arbitrary and unreasonable. The court ruled against landlord. The Loft Board set tenant's current base rent in accordance with Multiple Dwelling Law Section 286(2) and 29 Rules of the City of New York (RCNY) Section 2-06. Its decision was supported by substantial evidence, including a lease showing the rent most recently paid and the rent accepted by landlord at the time that the Loft Law went into effect.

Landlord sought a ruling from the Loft Board to determine tenant's legal rent. The Loft Board reduced tenant's rent, and landlord appealed, claiming that the Loft Board's decision was arbitrary and unreasonable. The court ruled against landlord. The Loft Board set tenant's current base rent in accordance with Multiple Dwelling Law Section 286(2) and 29 Rules of the City of New York (RCNY) Section 2-06. Its decision was supported by substantial evidence, including a lease showing the rent most recently paid and the rent accepted by landlord at the time that the Loft Law went into effect. Landlord failed to show that the Loft Board's decision was invalid due to tenant's delay, waiver, or estoppel. And the four-year statute of limitations on rent overcharge under Civil Practice Law and Rules (CPLR) 213-a didn't apply to loft units.

Benaresh v. NYC Loft Board: NYLJ, 2/16/12, p. 25, col. 4 (App. Div. 1 Dept.; Tom, JP, Andrias, Catterson, Richter, Abdus-Salaam, JJ)

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