Unit Used Residentially During Window Period

LVT Number: 8436

The New York City Loft Board ruled that landlord's building was an interim multiple dwelling subject to the Loft Law. Landlord appealed. The court ruled against landlord. The building was at least partially occupied for residential use during the statutory window period. The Loft Board's finding that the Loft Law didn't require that each unit residentially occupied during the window period be converted from manufacturing, commercial, or warehouse use wasn't irrational or unreasonable.

The New York City Loft Board ruled that landlord's building was an interim multiple dwelling subject to the Loft Law. Landlord appealed. The court ruled against landlord. The building was at least partially occupied for residential use during the statutory window period. The Loft Board's finding that the Loft Law didn't require that each unit residentially occupied during the window period be converted from manufacturing, commercial, or warehouse use wasn't irrational or unreasonable.

Matter of Chiang: NYLJ, p. 22, col. 3 (12/2/93) (App. Div. 1 Dept.; Murphy, PJ, Sullivan, Rosenberger, Ross, Rubin, JJ)