Occupants Covered by Loft Law

November 1, 1996

LVT Number: 10991

The NYC Loft Board ruled that tenant's unit was subject to the Loft Law, and landlord appealed, claiming it hadn't consented to tenant's occupancy of the unit. The court and appeals court ruled against landlord. City regulations provide for coverage of any loft occupied residentially, even if occupant isn't a prime tenant and even if landlord didn't consent to a sublet, assignment, or subdivision, as long as occupant lived in loft unit before July 27, 1987. Landlord admitted that tenant lived in the loft since before that date.

The NYC Loft Board ruled that tenant's unit was subject to the Loft Law, and landlord appealed, claiming it hadn't consented to tenant's occupancy of the unit. The court and appeals court ruled against landlord. City regulations provide for coverage of any loft occupied residentially, even if occupant isn't a prime tenant and even if landlord didn't consent to a sublet, assignment, or subdivision, as long as occupant lived in loft unit before July 27, 1987. Landlord admitted that tenant lived in the loft since before that date.

545 Eighth Ave. Assocs., Inc. v. NYC Loft Board: NYLJ, p. 21, col. 4 (10/3/96) (App. Div. 1 Dept.; Murphy, PJ, Wallach, Kupferman, Williams, Mazzarelli, JJ)

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