What is the Loft Law? Initially passed by the New York State Assembly in 1982, it was a way of offering legal residential status to loft residents located mostly in SOHO, Tribeca, & Hells Kitchen. Generally speaking, a building that met the following criteria was covered by the original Loft Law: the building possessed no residential certificate of occupancy pursuant to §301 of the Multiple Dwelling Law, the building was used in the past for manufacturing, commercial, or warehousing purposes, and there were 3 or more residential tenants living in seperate apartments in the building in the 20 month period between April 1, 1980 and December 1, 1981 (the “statutory window period”)
What is the Loft Board? The NYC Loft Board was established in 1982 to regulate and coordinate the legal conversion of certain lofts in the city from commercial/manufacturing use to safe residential use. The Loft Board consists of 9 (voting) members who meet monthly to hear cases and oversee rulemaking. In 2009, the Mayor reorganized the Loft Board to be housed as the Department of Buildings (as opposed to the Mayor’s office). The DOB commissioner and Commissioner of the Fire Department serve on the Board, as well as one member representing manufacturing interests, one member representing the real estate industry, and one member representing loft residential tenants, and four members representing the public. The public members of the Board are appointed by the Mayor and serve for a term of three years.
The current make-up of the Loft Board is:
- Robert D. LiMandri, DOB Commissioner
- Manufacturers’ Representative – Mark Foggin
- Owners’ Representative – Matthew Mayer, Esq.
- Tenants’ Representative – Chuck DeLaney
- Fire Department’s Representative – Chief Ronald Spadafora
- Public Member – Gina Bolden-Rivera
- Public Member – Elliott Barowitz
- Public Member – LeAnn Shelton, AIA, Esq.
- Public Member – Daniel Schachter
What is included in the Loft Law “extension” of 2010? Last year the Loft Law was amended to include lofts that didn’t qualify under the original law. This bill has been introduced every year for over twenty years and almost passed in September 2001. From 2003-2009, a loft law extension has passed only the Assembly; the State Senate had always killed the bill until 2010 when it finally passed. The bill refreshes the Loft Law, which offered no protection for tenants who moved in after 1987. The legislation also made permanent the Loft Law, which until now had to be extended periodically by the Legislature. (The deal also makes the lottery game Quick Draw permanent; the game and the Loft Law have always been linked by Albany lawmakers.) While the original 1982 Loft Law was explicitly limited in geographic scope, the new law seems to default coverage unless specifically excluded. 13 of the city’s 16 Industrial Business Zones were excluded from coverage of the law; however, loft buildings in the Greenpoint-Williamsburg, North Brooklyn and certain areas of the Long Island City IBZ’s can apply for coverage. The rules of the extension are still being promulgated by the Loft Board, meaning that they are still determining how to govern this extension. Once the rules have been promulgated, there will be a six-month period for buildings to apply for coverage. After that time has ended, no building covered by the extension will be able to apply for coverage.
How do I know if I can qualify for Loft Law Coverage?
In order to qualify for coverage the following must be true with regards to your building and your particular unit:
- Three or more units in your building must have been put to residential use during any consecutive 12 month period from January 1, 2008 through December 31, 2009.
- Some portion of your building must have previously been occupied for either manufacturing, warehousing, or commercial purposes.
- Your building must currently lack a residential certificate of occupancy.
- Your unit must have at least one window opening to the street, a yard, or court.
- Your unit must be at least 550 square feet.
- Your unit cannot be located in a basement or cellar.
- Your unit cannot be in a building that, as of June 21, 2010, contained certain uses determined by the Loft Board to be incompatible with residential use.
How does a building get covered?
There are two ways to begin the process of gaining Loft Law coverage for your building: Your landlord can register the building with the Loft Board or as a tenant, you can apply for coverage with the Loft Board.
http://www.nag-brooklyn.org/loft-law/
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