Skip to main content
Fulltext search
FILTER RESULTS BY:
RECOMMENDED IN RENT
Moving to NYC after college? Here's how to find a rental apartment
RECOMMENDED IN BUY
How buying real estate in NYC is unlike anywhere else
RECOMMENDED IN SELL
A guide to using a no-fee renovation loan from a NYC real estate firm
RECOMMENDED IN IMPROVE
How to make your NYC renovation more pet-friendly
BEST REAL ESTATE WEBSITE!
National Association of Real Estate Editors
BEST REAL ESTATE WEBSITE! National Association of Real Estate Editors
Brick Underground
Social Links
follow:
  • Facebook
  • Twitter
  • Instagram
  • Flipboard
  • search
Brick Underground
☰ Brick Underground
Brick Underground
Brick Underground
☰
Brick Underground
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
    Fran in her Lenox Hill studio
    Buy
    Why I moved to NYC from Newport Beach, CA: To create a new semi-retired life
    Billionaires Row in Manhattan
    Sell
    Median price for Manhattan co-ops and condos stuck at $1.25 million in the third quarter
    Aerial View of Bedford-Stuyvesant
    Sell
    Brooklyn median sales price rose to $1.15 million on fewer deals in the third quarter
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
    1832 Fulton St. in Bedford Stuyvesant.
    Affordable Housing
    Housing lottery launches for 65 rent-stabilized units in Bed-Stuy
    low-rise NYC residential buildings
    Rent
    Ask Altagracia: My landlord didn't send a lease renewal. Should I ask for it?
    Sponsored By Outerbridge Law P.C.
    Chelsea residential building
    Affordable Housing
    NYC’s rent freeze is still in place, at least for now
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
    Aerial View of Bedford-Stuyvesant
    Sell
    Brooklyn median sales price rose to $1.15 million on fewer deals in the third quarter
    Billionaires Row in Manhattan
    Sell
    Median price for Manhattan co-ops and condos stuck at $1.25 million in the third quarter
    Carroll Gardens townhouse
    Getting Ready
    I cleared out my elderly neighbor's townhouse to sell it. Here's how I dealt with mountains of stuff
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    Red Hook Treehouses
    Live
    During Open House New York, get a rare look inside NYC’s most interesting residential properties
    The 1865 John J. and Emma G. O'Brien House at 208 East 78th St.
    Live
    The 1865 John J. and Emma G. O'Brien House at 208 East 78th St: Colorful lives in a narrow home
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
    stacked washer/dryer condo in a bathroom
    Renovation
    Can I install a washer/dryer combo in my NYC co-op?
    Elevated view of busy New York City avenue
    Renovation
    What NYC co-op and condo boards can do about higher insurance premiums
    Apartment buildings in Lower Manhattan
    Renovation
    Which repairs are co-op and condo owners responsible for? What do buildings take care of?
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    low-rise NYC residential buildings
    Rent
    Ask Altagracia: My landlord didn't send a lease renewal. Should I ask for it?
    Sponsored By Outerbridge Law P.C.
    Manhattan apartment towers
    Roommates + Landlords
    Ask Altagracia: My luxury building doesn't have the amenities it promised and the rent is going up by $500. Can we push back?
    Sponsored By Outerbridge Law P.C.
  • Brick Report
  • About Us
  • About Us
Email address
Fulltext search
FILTER RESULTS BY:
New Main menu
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
  • Brick Report
  • About Us
    • About Us
    • Advertise
  • About Us
SUBSCRIBE TO OUR NEWSLETTER →
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Ask Altagracia [ SPONSORED ]

Ask Sam: How do I find out if my apartment is covered by NYC's Loft Law?

  • Multiple amendments to the law have expanded coverage to a more tenants
  • The law now applies to work/live arrangements in Williamsburg and Long Island City
  • Loft apartments that meet certain requirements can become rent stabilized
By Himmelstein McConnell Gribben & Joseph LLP  | June 28, 2023 - 1:00PM
Cast iron apartment buildings in Soho

Tenants can investigate whether they are living in a building that doesn’t have a residential certificate of occupancy, and if it qualifies for the Loft Law.

iStock

I live in a loft apartment in a mixed industrial and residential building. How do I determine is my apartment is covered by the Loft Law, and what would that mean for me?

The Loft Law has been amended recently, expanding coverage to new neighborhoods, and tenants whose apartments are subject to the law can become rent stabilized, says Sam Himmelstein, an attorney at Himmelstein, McConnell, Gribben & Joseph who represents residential and commercial tenants and tenant associations.

“The Loft Law was originally created in response to the fact that there were tenants living in commercial and industrial buildings, mostly in Soho, that didn’t have residential certificates of occupancy,” Himmelstein says. “This gave them certain advantages, but also made them vulnerable.”

The law, passed in 1982, established a Loft Board, as well as a process of legalization through which these spaces could become residential, rent-stabilized apartments.

Since then, multiple amendments to the law have been passed to allow for more tenants to avail themselves of Loft Law coverage. Tenants in neighborhoods like Williamsburg and Long Island City who are using commercial or industrial spaces in work/live arrangements, for instance, may find that the law applies to them, and they can begin the legalization process.

Tenants can investigate whether they are living in a building that doesn’t have a residential certificate of occupancy, and if it qualifies for the Loft Law. There are some tip-offs this might be the case.

“A landlord might give someone a commercial lease but know the space is being used residentially or the lease might say that the space is for ‘authorized use only,’” says Jesse Gribben, also an attorney at Himmelstein, McConnell, Gribben & Joseph.

For a space to qualify, there are several requirements. It has to be at least 400 square feet, it can’t be located in a cellar, and there must have been three or more tenants in residential occupancy in the building during the one of relevant window periods: those being 2009 to 2010, or 2015 to 2016.

“You have to prove that during one of those time periods, your apartment and two others in the building were being used residentially,” Gribben explains. “The cases we litigate now are focused on the 2009 to 2010, and 2015 to 2016 windows. We don’t know if there will be further amendments to the law allowing for later window periods.”

The Department of Buildings oversees the legalization process, which begins with filing a protected occupancy application with the Loft Board. The cases are then adjudicated by the Office of Administrative Trials and Hearings known as OATH.

“Tenants and landlords bear the burden of proving the building qualifies, that it’s zoned properly, and that it meets all the requirements,” Gribben says. “The process can be somewhat contentious, and tenants often engage their own experts to opine on the best way to legalize the building.”

In many instances, this means the landlord needs to undertake significant renovations in order to secure a residential certificate of occupancy. They may need to install sprinklers and windows and create new means of egress to meet all the safety requirements.

The end result of legalization—which can take years—is that the building will have a residential certificate of occupancy, and the tenants’ apartments will enter rent stabilization.

“Ultimately the goal is to live in a space that is compliant with building codes and rent stabilized,” Gribben says. “But the scope of work needed to legalize a building is so daunting that sometimes landlords drag their heels and tenants have to push it along.”

When a landlord fails to do anything to legalize occupancy, tenants should ask the Loft Board to order legalization, and impose fines and sanctions until the process is underway.

Another option for tenants recognized as protected occupants under the Loft Law is to sell their “rights and fixtures.” This is essentially a buyout: in a sale of fixtures, a tenant who has converted a raw space into a residential one, with walls, partitions, plumbing, lighting, and so on, can make an agreement with the landlord that they will move out if they are paid for the work they did. A sale of rights means the tenant sells their rights as a stabilized tenant, the landlord gets the apartment back, and it becomes a market-rate unit.

“If you rented space as a residential tenant, but you find that the building doesn’t have a residential certificate of occupancy, you should further investigate whether it’s potentially covered under the Loft Law,” Gribben says. “Make an initial inquiry to the Loft Board to get the process started.”

Related: 

Ask Sam: How do I find out if my apartment should be rent-stabilized--and the landlord owes me money? (sponsored)

Ask Sam: Is a landlord allowed to 'warehouse' vacant apartments? (sponsored)

Ask Sam: My landlord is offering me a buyout to leave my rent-stabilized apartment. Can I negotiate for more? (sponsored) 

Read all our Ask a Renters Rights Lawyer columns here.


Sam Himmelstein, Esq. represents NYC tenants and tenant associations in disputes over evictions, rent increases, rental conversions, rent stabilization law, lease buyouts, and many other issues. He is a partner at Himmelstein, McConnell, Gribben & Joseph in Manhattan. To submit a question for this column, click here. To ask about a legal consultation, email Sam or call (212) 349-3000.

Alanna Schubach

Alanna Schubach

Contributing writer

Contributing editor Alanna Schubach has over a decade of experience as a New York City-based freelance journalist.

SEE MORE BY Alanna Schubach »
Brick Underground articles occasionally include the expertise of, or information about, advertising partners when relevant to the story. We will never promote an advertiser's product without making the relationship clear to our readers.

topics:

Ask Altagracia landlords lofts rent regulation tenants tenants' rights
SHARE
TWEET
BRICK’S PICKS
Apartment buildings in Lower Manhattan
Which repairs are co-op and condo owners responsible for? What do buildings take care of?
one-bedroom unit at 365 West 23rd St.
A pied-à-terre purchase checklist: What to consider if you're buying a part-time place in NYC
A kitchen with stainless steel appliances and counter tops and wood floor
11 things NYC landlords are required to provide, and 11 they’re not that might surprise you
716 Broadway, #2
What you need to know about buying a NYC condo or co-op with direct elevator access
Towers on Billionaire's Row
I received a pied-à-terre tax notice for my primary residence in NYC. How do I fight this?
Manhattan apartment towers
‘Central air or bust’: Many NYC luxury buyers will not consider listings without central AC
Follow Brick on Instagram
@brickunderground | #brickunderground
Brick UndergroundBRICK UNDERGROUNDREAL LIFE. REAL ESTATE. REAL NEW YORK.
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Main menu footer
  • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide

Get more news you can actually use...

Email address

Delivered to your inbox weekly - for free.

*By signing up you agree to receive occasional emails on behalf of our sponsors

Footer Menu
  • About Us
  • Advertise

Copyright 2009-2024 by BND Ventures Inc | Privacy Policy | Terms of Service | Ad Choices | Login | Powered by Mortar CMS, the AI CMS