8. LOFTS

Question:
What Is An Interim Multiple Dwelling ("IMD")?

Answer: 
Under the original "Loft Law" in 1982, an IMD was a building that (i) was at one time occupied for manufacturing, commercial or warehouse uses; (ii) lacks a certificate of occupancy; (iii) was occupied for residential use from April 1, 1980 through December 1, 1981 by three or more families; and (iv) situated where zoning does not permit residential conversion. IMD Buildings are governed by the Loft Law and are regulated the New York City Loft Board.

The 2010 amendment changes the "window period" to 2008 to 2009 and requires that the three units existed continuously for at least 12 months during the window period. Restrictions include that:

  • the units must be at least 550 square feet;
  • have legal light and air;
  • independent exits to common areas;
  • cannot be in buildings with legal but hazardous uses.

Question:
What Is The Loft Board?

Answer: 
A Loft Board is a Quasi-judicial mayoral agency charged with regulation and enforcement of legalization and minimum housing standards in IMD buildings. The Loft Board determines coverage, rent and legalization issues and accepts and refers tenant grievance applications, viz. harassment, undue interference and diminution of services, for hearing and report by the Office of Administrative Trials and Hearings.