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Landlord & Tenant Law

By ssalkin
April 01, 2020

Loft Board Lacks Authority to Supervise Legalization Once Tenants Withdraw Application

Matter of Callen v, New York City Loft Board NYLJ 1/21/20, p. 26, col. 1 AppDiv, First Dept. (Opinion by Renwick, J.)

In article 78 proceedings brought by landlord and tenants to annul a determination by the New York City Loft Board refusing to accept withdrawal of tenants' application for Loft Law coverage, the Loft Board appealed from Supreme Court's grant of the petition. The Appellate Division modified to uphold the Board's rejection of a proposed settlement, but otherwise affirmed, holding that once the tenants had withdrawn their application and elected instead to obtain rent stabilization status, the Loft Board had no authority to supervise the legalization process.

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