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Loft Law Expansion

The New York State Legislature expanded the Loft Law effective, June 21, 2010. Under the amended law, the definition of an “interim multiple dwelling” has been expanded to include:

  1. residential occupancy by three or more families living independently from one another during any consecutive twelve month period from January 1, 2008 through December 31, 2009 for buildings (or two units in buildings located north of West 24th Street and south of 27th Street and west of 10th Avenue and east of 11th Avenue);
  2. structures or portions thereof that at any time were occupied for manufacturing, commercial, or warehouse purposes; and
  3. structures or portions thereof that lack certificates of compliance or occupancy pursuant to § 301 of the Multiple Dwelling Law.

The new window period for Loft Law coverage can be found in § 281(5) of the Multiple Dwelling Law.

Restrictions on Coverage under § 281(5)

In addition to expanding the definition of “interim multiple dwelling, the Legislature also placed some new restrictions on Loft Law coverage. The spaces eligible for coverage under the amended law must:

  1. have at least one window opening onto a street, lawful yard or court;
  2. be at least 550 square feet in area;
  3. not be located in a basement or cellar;
  4. not be in an industrial business zone other than Greenpoint/Williamsburg, North Brooklyn and certain areas of the Long Island City’s industrial business zone and
    not be in a building that, on June 21, 2010, contained certain uses listed in Use Groups 15 through 18 of the Zoning Resolution which the Loft Board determines to be inherently incompatible with residential use.

If you are an owner seeking coverage under § 281(5) of the Loft Law, you must complete the Building Registration Application. A completed registration application (including payment of the registration fee) must be filed with the Loft Board before a building may be registered as an interim multiple dwelling. If the registration application is filed without the fee or if the registration application is incomplete, the registration will not be processed

If you are tenant seeking coverage under § 281(5), you must complete a coverage application.

The filing deadline for a registration application or coverage application will be six months after the Loft Board promulgates all of the rules related to the 2010 amendment of the Loft Law.
(Reprinted from Loft Board web site with permission.)

Loft Law issues tend to be very complicated and time consuming. Parties should speak with an attorney before proceeding. We offer complimentary-no obligation consultations and you are welcome to schedule your consultation by calling us at 212-921-1600.