New York City Loft Board Explained

Agency Name:Loft Board
Type:department
Preceding6:-->
Jurisdiction:New York City
Employees:12
Chief1 Name:Rick Chandler
Chief1 Position:Board Chairperson
Chief9 Name:-->
Child25 Agency:-->
Keydocument1:1982 Loft Law

The New York City Loft Board (Loft Board) is a quasi-legislative and judicial body of the New York City government that oversees the legal conversion of commercial and manufacturing spaces to residential use.

History

In the 1970s New York City landlords were allowing tenants to move into buildings that were zoned for commercial and manufacturing use in neighborhoods such as Tribeca, SoHo, and Chelsea. The loft conversions were more profitable to the landlords than industrial use.[1] By 1977, the New York City Department of City Planning found that 91.5 percent of the conversions were illegal[2] and 44.9 percent of those lofts were occupied by heads of households who were artists.[3] As these neighborhoods became more popular landlords attempted to substantially raise rents.[4] Tenants fought these rent increases in court with the defenses that the apartments were de facto multiple dwellings if there were three or more units[5] and rent stabilized if there were six or more units.[6] These defenses limited the reasons they could be evicted and absolved them from paying rent because the spaces lacked a certificate of occupancy that was required for residential use.[4] City officials were concerned as landlords could not evict or collect rent from the tenants and that a growing number of tenants were living in spaces that were considered dangerous. This conundrum lead one legal scholar to doubt that "statutory or case law [could] channel such challenges to zoning and housing laws into legal uses."[7]

1982 Loft Law

In 1982, the New York State Legislature passed the 1982 Loft Law that established a legal framework to legally convert lofts, called interim multiple dwellings or IMDs, to residential apartments that would be subject to rent stabilization. The law established the Loft Board with enforcing the statute's provisions and deadlines and adjudicating disputes between landlords and tenants.[8] The goal of the Loft Board was to limit illegal conversion and provide a balance between the rights of landlords and tenants.[9] The Loft Board consists of a nine-person board with members appointed by the mayor.[10] The members include one person representing loft tenants, one representing loft owners, one representing manufacturing interests, and the rest serve as public members.[11] The Loft Board delegates to administrative law judges from the New York City Office of Administrative Trials and Hearings (OATH) to hear disputes and write recommendation. The Loft Board during its monthly meetings will vote to accept or reject the proposed order or remand back to OATH.[12] Former Chairman Carl Weisbrod described the work as "It's like going into a war zone. The only thing the tenants and owners can agree upon is how much they hate the Loft Board."[13]

2009 Loft Law Amendments

In 2009 the Loft Board was merged into New York City Department of Buildings.[14] That same year the scope of the law increased with the 2009 Loft Law Amendment that expanded the loft law's coverage to neighborhoods outside of Manhattan such as Williamsburg, Bushwick, and Long Island City.[15] Mayor Michael Bloomberg negotiated amendments that would exclude certain neighborhoods and end the law with sunset provisions.[16] [17] The Loft Law was amended again in 2013 with revisions to the period of time for new lofts to apply for legalization, the process of legalization, and rules regarding buildings alleged to contain a use that is incompatible with residential use.[18] Loft tenants are advocating for additional changes primarily around removing the 2010 Bloomberg amendments[19] and that the Department of Buildings has been passive in protecting tenants.[20]

Board Chairperson

Name Dates in Office Mayoral Administration Notes and References
Carl Weisbrod1982-1984Ed Koch[21]
Jorge L. Batista1984-1986Ed Koch[22]
George M.C. Dole1986-1989Ed Koch
David Klasfeld 1989 – 1997Ed Koch[23]
Hector Batista1997 – 1999Rudy Giuliani
Kimberly D. Hardy2000 – 2003Michael R. Bloomberg
Marc Rauch2003 – 2008Michael R. Bloomberg
Robert D. Limandri 2009 – 2013Michael R. Bloomberg
Rick D. Chandler2014 – PresentBill De Blasio

External links

Notes and References

  1. Hornick . Sandy . January 1984 . Reusing Industrial Loft Buildings for Housing: Experiences of New York City in Revitalization and Misuse . . . 27 . 165.
  2. Web site: December 1977 . Residential Re-use of Non-residential Buildings in Manhattan . City of New York, Department of City Planning [and] Mayor's Midtown Action Office .
  3. Book: Ford, Kristina . Housing Policy & the Urban Middle Class . . 1978 . 0882850563 . New Brunswick, N.J. . 16731543.
  4. News: A People's History of NYC's Jeopardized Loft Law . Peck . Jaime . June 20, 2017 . . April 13, 2018.
  5. Lipkis v. Pikus . 99 . Misc.2d . 518 . . 1979 . https://scholar.google.com/scholar_case?case=6788498542927729604&hl . April 14, 2018 .
  6. Mandel v. Pitkowsky . 102 . Misc.2d . 478 . NY App. Term 1st Dept . 1979 . https://www.leagle.com/decision/1979580102misc2d4781492 . April 14, 2018 .
  7. Facciolo . Jay . 1986 . Illegal Lofts in New York City: Have the Equities Been Balanced? . . 14 . 559.
  8. News: The Loft Law's Pursuit of Lofty Goals . Hevesi . Dennis . June 20, 1999 . . April 14, 2018.
  9. Book: Shkuda, Aaron . The Lofts of SoHo : Gentrification, Art, and Industry in New York, 1950-1980 . . 2016 . 978-0226334189 . Chicago . 226 . 920017441.
  10. Book: [[Sharon Zukin|Zukin, Sharon]] . Loft Living : Culture and Capital in Urban Change . . 1989 . 0813513898 . New Brunswick, N.J. . 196 . 18191048 . registration .
  11. News: Koch's Loft Board Leaves Tenants in Limbo . Wilde . Lisa . February 1984 . . April 14, 2018.
  12. Rzesniowiecki . Linda . Lebovits . Gerald . 2010 . The New York Loft Law . New York Real Property Law Journal . en . Rochester, NY . 38 . 22. 1539285 .
  13. News: Real-Estate War: Tenants vs. Owners vs. The Loft Board . Rimer . Sara . November 18, 1983 . The New York Times . April 15, 2018.
  14. Web site: 2013 Loft Board Report . December 2013.
  15. News: Seeking a New Law's Protection, Loft Tenants Instead Find Grief . Buckley . Cara . November 30, 2010 . The New York Times . April 13, 2018.
  16. News: That Cheap, Roomy Loft Can Now Be a Legal One, Too . Buckley . Cara . July 25, 2010 . The New York Times . April 14, 2018.
  17. News: New York's Loft Law Is In Danger . Peck . Jaime . May 5, 2017 . Village Voice . April 14, 2018.
  18. News: New rules governing loft law . Gallaudet . Lisa . December 26, 2013 . . April 15, 2018.
  19. News: "If Things Were Going Well, We Wouldn't Be Here": Artists Protest NYC's Loft Board . Sutton . Benjamin . January 18, 2018 . . April 15, 2018.
  20. News: Artists and Loft Tenants Protest New York City's Department of Buildings . Sutton . Benjamin . April 27, 2018 . Hyperallergic . April 28, 2018.
  21. News: City Loft Board Chief Is Appointed by Koch . March 21, 1984 . The New York Times . April 15, 2018.
  22. News: Loft Board Changes Announced . Johnson . Kirk . April 19, 1986 . The New York Times . April 15, 2018.
  23. News: Hays. Constance L.. Loft Law Keeps Tenants Chic but Not Safe. The New York Times. March 27, 1990.