October 7, 2021
475 Kent Owner LLC v. NYC Loft Board, et al., 2021 WL 4654615, Sup. Ct., NY Co., Index No. 152193/21 (Hon. Carol R. Edmead, Oct. 7, 2021) (dismissing landlord’s Article 78 petition seeking to annul the Loft Board’s determination that a tenant could establish primary residence in Brooklyn despite holding a tourist visa)
September 27, 2021
Opera House Lofts LLC v Christopher Carnahan, et al. (U), Index No. 507079/2020 (Hon. Debra Silber, JSC) (Sup. Ct., Kings Co., Sep. 27, 2021)
July 15, 2021
475 Kent Owner LLC v. NYC Loft Board, et al., Unreported, Sup. Ct., NY Co., Index No. 151133/21 (Hon. Arthur F. Engoron, July 15, 2021) (dismissing landlord’s Article 78 petition seeking to annul the Loft Board’s determination that the square footage of exterior balcony/terrace space may be included in the definition of “unit” when determining entitlement to Loft Law coverage)
April 7, 2021
Malach, et al. v. Chalian, et al., Unreported, Civ. Ct., Kings Co., Housing Part R, Index No. 52757/19 (Hon. Michael L. Weisberg, Apr. 7, 2021) (dismissing chronic nonpayment holdover proceeding after trial on submitted facts)
February 23, 2021
245 Nostrand LLC v. With Alacrity, LLC, et al., Unreported, Civ. Ct., Kings Co., Commercial Part 52, Index No. 83375/19 (Hon. Matthew P. Blum, Feb. 23, 2021) (dismissing nonpayment proceeding upon finding that commercial lease clause requiring payment of rent upon issuance of a certificate of occupancy was not triggered upon issuance of a temporary certificate of occupancy)
February 18, 2021
In the Matter of the Administrative Appeal of Workable 239 LLC, Loft Bd. Order No. 5031 (February 18, 2021) (affirming denial of owner’s code compliance deadline extension application where owner failed to show good faith efforts to meet code compliance deadlines; declining to consider additional documentation only submitted on appeal): http://archive.citylaw.org/wp-content/uploads/sites/34/loft/LBO-5031-AD-0108-239-Banker-Street-BK.pdf
January 21, 2021
Matter of Tenants of 475 Kent, Loft Bd. Order No. 5026 (Jan. 21, 2021) (finding Loft Law tenants are entitled to parking as a required service and directing owner to restore prior level of service): http://archive.citylaw.org/wp-content/uploads/sites/34/loft/LBO-5026-TM-0099-473-493-Kent-Ave-BK.pdf
November 17, 2020
Raffelo v. Thompson Assets, LLC, 188 AD3d 545, 132 NYS3d 612 (1st Dept, 2020) (affirming denial of amendment of answer to assert “first rent” theory as a basis for establishing the legal regulated base rent for a rent stabilized apartment): http://www.nycourts.gov/courts/ad1/calendar/List_Word/2020/11_Nov/17/PDF/Raffelo%20v%20Thompson%20Final%20(2020-00085).pdf
October 21, 2020
Matter of the Administrative Appeal of Masada Metropolitan, LLC, Admin. Review Docket No. IR-210015-RO (Oct. 21, 2020) (affirming Rent Administrator’s order directing landlord to issue tenants a rent stabilized renewal lease at the proper legal rent)
June 18, 2020
Matter of Bozeman, Loft Bd. Order No. 4987 (Jun. 18, 2020) (only person in occupancy of a Loft Law unit may sell the rights; Loft Law rights may not be waived in a lease): http://archive.citylaw.org/wp-content/uploads/sites/34/loft/LBO-4987-PO-0075-473-493-Kent-Ave-BK.pdf
May 13, 2020
Genuine Realty Corp. v. Mitchell, et al., Unreported, Civ. Ct. New York Co., Housing Part C, Index No. 65803/17 (Hon. Clifton A. Nembhard, May 13, 2020) (granting tenant reciprocal discovery of surveillance video footage in an illegal sublet holdover proceeding)
May 7, 2020
Dom Ben Realty Corp. v. Liatti, et al., Unreported, Civ. Ct., Kings Co., Housing Part T, Index No. 82004/19 (Hon. Jeannine B. Kuzniewski, May 7, 2020) (dismissing nonpayment proceeding upon landlord’s failure to accurately plead multiple dwelling status and compliance with applicable regulations)
May 1, 2020
Matter of Levell, et al., Loft Bd. Order No. 4971 (May 1, 2020) (tenants win protected tenant status under the Loft Law and rent overcharge): http://archive.citylaw.org/wp-content/uploads/sites/34/loft/LBO-4971-PO-0034-TA-0021-151-Kent-Avenue-BK.pdf
April 23, 2020
Matter of Knudsen, Loft Bd. Order No. 4973 (Apr. 23, 2020) (tenant may not waive Loft Law rights by signing a lease; immigration status is irrelevant to determining protected tenant status): http://archive.citylaw.org/wp-content/uploads/sites/17/oath/18_cases/18-1201.pdf
April 20, 2020
475 Kent Owner LLC v. Pomeroy, et al., 2020 WL 1929804 (Sup. Ct., Kings Co., 2020) (Court denied landlord injunction against loft tenants who claim they are entitled to keep gas service and fixtures in their building and homes): https://law.justia.com/cases/new-york/other-courts/2020/2020-ny-slip-op-31043-u.html
March 31, 2020
Eighteen Properties, LLC v. NYC Bd. of Standards and Appeals, et. al., 2020 WL 1875281, 2020 NY Slip. Op. 30943 (Sup. Ct., NY Co., 2020) (landlord’s Art. 78 appeal of BSA revocation of loft building’s certificate of occupancy dismissed): https://law.justia.com/cases/new-york/other-courts/2020/2020-ny-slip-op-30943-u.html
March 19, 2020
Matter of Estrada and Jacobsen, Loft Bd. Order No. 4960 (Mar. 19, 2020) (subdivision of residentially occupied unit after window period does not preclude Loft Law coverage — both units covered): http://archive.citylaw.org/wp-content/uploads/sites/34/loft/LBO-4960-TR-1335-473-493-Kent-Avenue-Bklyn.pdf
February 20, 2020
Stahl and Stahl, LLC v. Judith Rudnick Kane, Unreported, Civ. Ct., NY Co., Housing Part F, Index No. 71251/15 (Hon. Frances Ortiz, Feb. 20, 2020) (affidavit from someone with personal knowledge necessary to explain inter alia, excuse for the delay to restore to housing court after discovery was complete and lack of intent to abandon proceeding, when seeking to restore proceeding after long delay which was marked off calendar for discovery).
February 20, 2020
Matter of Coventry, Loft Bd. Order No. 4943 (Feb. 20, 2020) (exterior area such as balconies or terraces, if used by a tenant exclusively, may be counted for determining coverage under the Loft Law); http://archive.citylaw.org/wp-content/uploads/sites/34/loft/LBO-4943-PO-0060-TR-1193-TR-1348-473-Kent-Avenue-BKlyn.pdf
February 7, 2020
William 165, LLC v. Sero-Boim and Kurylo, Unreported, Civ. Ct., NY Co., Housing Part F, Index No. 52496/16 (Hon. Frances Ortiz, Feb. 7, 2020) (denial of owner’s motion to compel documents sought during deposition of tenant where prior motion seeking disclosure granted deposition but denied production of documents).
February 2020
Code Compliance Deadline Extension Denial: Matter of Workable 239, LLC, Admin. Det., Loft Bd. Dkt. No., EX-0108 (Apr., 13, 2020), aff’d LBO __________ (Feb. __, 2021)
January 21, 2020
Code Compliance Deadline Extension Denial: Matter of 473-493 Kent Ave., Admin. Det., Loft Bd. Dkt. No. EX-0106 (Jan. 24, 2020), aff’d LBO 5022 (Jan. 21, 2021
January 16, 2020
Code Compliance Deadline Extension Denial: Matter of FJH Realty, Inc., Loft Bd. Order No. 4931 (Jan 16, 2020)
December 5, 2019
Thompson Assets, LLC v Raffelo and Hannah, Unreported, Civ. Ct., NY Co., Housing Part C, Index No. 77194/16 (Hon. Clifton A. Nembhard, Dec. 5, 2019) (granting tenants attorneys fees and setting the proceeding down for an attorneys’ fee hearing as to additional amount due)
November 12, 2019
Matter of Leonard St. Prop. Group, Ltd. v. DHCR and Lawenda, 178 A.D.3d 92 (Nov. 12, 2019 (services provided under the Loft Law may not be unilaterally eliminated upon transition to Rent Stabilization): https://law.justia.com/cases/new-york/appellate-division-first-department/2019/100887-17-9787.html
October 16, 2019
388 Broadway Owners, LLC v. Megee, 2019 WL 5212867, 2019 N.Y. Slip Op. 33074 (U) (Sup. Ct., NY Co., 2019) (where no personal guarantee existed in writing for individual, no personal liability exists for individual for alleged rent due for commercial tenant; partial payments of rent on a month to month tenancy apply to first debts in priority of time and will not toll the statute of limitations for all months of past rent allegedly due): https://law.justia.com/cases/new-york/other-courts/2019/2019-ny-slip-op-33074-u.html
October 3, 2019
Raffelo v. Thompson Assets, LLC, 2019 WL 5067939, 2019 N.Y. Slip Op. 32979 (U) (Sup. Ct., NY Co., 2019) (collateral estoppel bars amendment of answer to assert deregulation of premises based on “first rent” theory): https://law.justia.com/cases/new-york/other-courts/2019/2019-ny-slip-op-32979-u.html
September 16, 2019
Bamboo Hills Corp. v. Bowers, et al., Unreported, Civ. Ct., Kings Co., Housing Part D, Index No. 87672/18 (Hon. Bruce E. Scheckowitz, Sept. 16, 2019) (staying holdover proceeding pending Loft Board determination as to validity of purported sale of Loft Law rights and improvements by prior tenant)
June 20, 2019
Bamboo Hills Corp. v. Borra, et al., Unreported, Civ. Ct., Kings Co., Housing Part T, Index No. 79299/18 (Hon. Frances A. Ortiz, June 20, 2019) (dismissing nonpayment proceeding upon landlord’s failure to demonstrate compliance with Loft Law’s legalization milestones)
June 14, 2019
Malach v. Chalian, 64 Misc.3d 804, 104 N.Y.S.3d 849 (Civ. Ct., Kings Co., June 14, 2019) (denying landlord summary judgment in holdover proceeding commenced upon allegation of chronic delinquent payment and nonpayment of rent): https://law.justia.com/cases/new-york/other-courts/2019/2019-ny-slip-op-29179.html
May 31, 2019
The Brocho V’Hatzlocho Corporation v. Giordano, et al., Unreported, Civ. Ct., Kings Co., Housing Part, Index No. 54945/19 (Hon. Michael L. Weisberg, May 31, 2019) (granting limited stay pending Loft Board determination of incompatible use defense to coverage; finding that a Matter of Lower Manhattan Loft Tenants v. New York City Loft Bd., 66 NY2d 298, 496 NYS2d 979 (1985) does not require a demonstration of primary residence for a determination of protected occupancy under the Loft Law)
February 15, 2019
Matter of 255 18th Street, BSA Cal. No. 2018-22-A (Nov. 20, 2018) (landmark case where NYC Board of Standards and Appeals revoked certificate of occupancy for a Loft Law covered building on the grounds that the owner had not substantially completed the work to legalize the building years prior.)
January 30, 2019
PB 165 William Street Holdings LLC v. Sero-Boim and Kurylo, 2019 WL 362682, 2019 N.Y. Slip Op. 50132 (U) (App. Term, 1st Dep’t, 2019) (Rare case accepting theory that occupants may have become rent stabilized through landlord’s waiver. The Court reversed the lower court’s dismissal of tenant’s waiver defense, finding that landlord’s acceptance of tenant’s rent for years, giving of rent credits and issuance of rent invoices, and tenant’s performance of improvements with consent, and direct dealings with landlord for maintenance, rent and repair issues, created an issue of fact about whether the landlord had waived its right to object to occupants’ occupancy and status as rent stabilized tenants.)
October 17, 2018
Genuine Realty Corp. v. Mitchell, 2018 WL 5046890, 2018 NY Slip Op. (U) (App. Term, 1st Dep’t, 2018) (reversing lower court decision refusing to vacate long-term rent stabilized tenant’s default where the tenant was caring for her ill mother and was unaware of the case, and had a meritorious defense that she did not unlawfully sublet the unit while away) http://nycourts.gov/reporter/3dseries/2018/2018_51457.htm
October 5, 2018
Thompson Assets LLC v. Raffelo, 61 Misc.3d 130 (A), 2018 NY Slip Op. 51411 (U) (App. Term, 1st Dep’t, 2018) (affirming summary judgment in tenants’ favor, determining that they are rent stabilized because the unit was not luxury deregulated prior to their tenancy/rejecting landlord’s unpleaded “first rent” theory of exemption. Attorneys’ fees awarded to the tenants.)
October 3, 2018
VJHC Holding Corp. v. Chodorow, et al., Unreported, Civ. Ct. NY Co., Commercial Part 52, Index No. 59029/18 (Hon. Louis L. Nock, Oct. 3, 2018) (dismissing holdover proceeding as improperly commenced in Commercial Part where landlord had knowledge of tenants’ allegation of residential use of the unit)
March 27, 2018
Lam v. Gubelmann, Unreported (Civ. Ct., NY Co., Hon. John H. Stanley, J.H.C., Mar. 27, 2018) (granting tenant’s motion to stay holdover eviction proceeding pending outcome of tenant’s Loft Board application and Article 78 appeal, and denying landlord’s request for use and occupancy due to absence of a certificate of occupancy)
March 9, 2018
177 Water Street Realty Corp. v. Gallo, N.Y.L.J., Mar. 9, 2018 (Civ. Ct., Kings Co., Hon. Frances Ortiz, J.H.C.) (dismissing landlord’s nonpayment eviction proceeding on grounds that building lacks a certificate of occupancy and landlord was out of compliance with Loft Law)
February 15, 2018
Matter of McKenna, Loft Bd. Order No. 4739 (Feb. 15, 2018) (obtained protected occupant status for tenant, significant roll back of rent, and overcharge award of $132,859.52)
January 25, 2018
49 Bleecker, Inc. v. Gatien, 157 A.D.3d 619 (1st Dep’t, 2018) (reversal of Appellate Term, 1st Department, dismissing nonpayment eviction proceeding against Loft Law protected tenant on grounds that building lacked a certificate of occupancy pursuant to MDL § 302; Court determines that net lessees are “owners” under the Multiple Dwelling Law for purposes of MDL § 302) https://law.justia.com/cases/new-york/appellate-division-first-department/2018/5518-570312-14-64244-13.html
2018
Ben-Horin v. COSO 120 West 105, LLC, 2018 WL 2971167 (Sup. Ct., NY Co., 2018) (granting tenants’ motion for summary judgment, awarding tenants rent stabilization protection, rent overcharge award of approx. $80,000.00, and attorneys’ fees)
December 4, 2017
BR 31, LLC v. Landess and Llewellyn, 57 Misc.3d 156 (A) (App. Term, 1st Dep’t, 2017) (reversing trial court denial of summary judgment; dismissing holdover petition, and finding that prior “buyout” agreement that did not contain any language regarding a sale of rights did not result in deregulation of former Loft Law unit; tenants are rent stabilized and awarded attorneys’ fees):
March 23, 2017
Matter of Tenants of 79 Lorimer Street, OATH Index No. 1020/16 (March 23, 2017) (after hard fought trial, obtains a recommendation of Loft Law coverage and protected occupant status for tenants)
February 15, 2017
American Package Company, Inc. v. Benjamin Gleitzman, Unreported, Civ. Ct., Kings Co., Housing Part E, Index No. 96702/16 (Hon. Thomas M. Fitzpatrick, Feb. 15, 2017) (in holdover eviction proceeding commenced on the basis that no lease existed between landlord and tenant because tenant did not pay full security or rent under the lease, court dismisses proceeding finding tenant has an enforceable contract where there is no dispute tenant signed the lease, landlord delivered it to tenant fully executed, and respondent was already in possession of the premises).
January 19, 2017
Matter of Redsky JZ Roebling, LLC, Loft Board Order No. 4610 (Jan. 19, 2017) (denying landlord’s application for decoverage of an IMD unit where the landlord made no effort to legalize the unit).
October 29, 2016
Matter of Mays, OATH Index Nos. 1434/16 and 1642/16 (October 29, 2016) (denying Owner’s motion for summary judgment dismissing the Loft Board/Loft Law protected occupancy claims of two tenants)
July 21, 2016
Wang & Associates, LLC v. Location, Location, Location, 2016 WL 6561318, (Civ. Ct., NY Co., Housing Part, July 21, 2016) (dismissing nonpayment eviction proceeding with prejudice on the grounds that the building lacks a certificate of occupancy as required by the Multiple Dwelling Law)
July 18, 2016
Momart Discount Store Ltd. v. Rossi, 2016 WL 6567058, 2016 N.Y. Slip Op., 32165(U) (Civ. Ct., NY Co., Housing Part, July 18, 2016) (granting tenant’s motion for a stay pending outcome of Loft Board proceedings, and refusing to condition the stay on the payment of use and occupancy given the lack of a certificate of occupancy for the building)
July 12, 2016
Matter of Stathis, OATH Index No. 347/15 (July 12, 2016) (obtaining a recommendation of Loft Law coverage and protected occupancy after an inquest hearing)
July 11, 2016
Matter of Blessing, OATH Index Nos. 2313/15, 0011/16, 0012/16, 0013/16, 0014/16, and 0015/16 (July 11, 2016) (obtaining partial summary judgment holding that building is a covered interim multiple dwelling)
June 9, 2016
49 Bleeker, Inc. v. Gatien, 51 Misc.3d 152 (A), 2016 N.Y. Slip Op. 50880 (U) (App. Term, 1st Dep’t, 2016)
May 13, 2016
Matter of Gatien, OATH Index Nos. 2121/13; 1033/14 and 2233/14 (May 13, 2016) (obtaining a recommendation of Loft Law coverage after lengthy trial and holding that tenants are the protected occupants of their respective units)
January 29, 2016
Warren Murray Prop. Owner v. Hexner, 2016 NY Slip Op 50306 (U), 2016 WL 1060805 (Civ. Ct., NY Co., 2016) (obtaining stay of eviction proceeding pending outcome of contested Loft Board Proceeding)
Oct 20, 2015
Matter of Ukai, OATH Index Nos. 1394/14 & 1220/15 (Oct. 20, 2015) (holding, inter alia, that unit is covered under the Loft Law, and that primary residence is not relevant to determining protected occupant status)
July 14, 2015
Matter of Kusyk v. New York City Dept. of Bldgs., 130 A.D.3d 50913 N.Y.S. 3d 431 (2015) (holding that certificate of occupancy for former Loft Law building should be amended to protect tenants’ legal use of their apartment)
July 10, 2015
Matter of Doris, OATH Index Nos. 2542/14 & 2543/14 (July 10, 2015) (holding that lot line windows do not preclude Loft Law coverage)
July 9, 2015
Matter of Stathis, OATH Index no. 347/15 (July 9, 2015) (denying landlord’s motion to vacate default in Loft Board coverage proceeding)
June 18, 2015
Matter of Becker, OATH Index no. 116/15 (Feb. 20, 2015), adopted in part, rejected in part, Loft Bd. Order No. 4412 (June 18, 2015) (denying landlord’s motion to vacate default in Loft Board Coverage proceeding).
November 12, 2014
Matter of Behlke, OATH Index No. 153/15 (Nov. 12, 2014), adopted in part, remanded, Loft Bd. Order No. 4348 (Jan. 15, 2015) (holding that Loft Law filing deadline does not apply to claims for protected occupant status)