DOB Takes Loft Board Under Its Wing

Chairman Rauch announced at the Loft Board's June 18, 2009 meeting that, effective July 1, 2009, the Loft Board would "merge" with the Department of Buildings. As a result, Rauch said, the Loft Board will have greater resources: an additional attorney to work with Lanny Alexander (Director of Loft Board) and Martha Cruz (Director of Hearings), and three additional people to work with Beverly Miller, the Director of Legalization. Despite the merger, the Loft Board's offices will remain at 100 Gold Street for the time being.

Chuck DeLaney, the tenant's representative, who has been a member of the Loft Board since it was first formed, appeared skeptical about the move, but did not articulate his concerns.

There are only 315 buildings left in the Loft Board's jurisdiction. The Loft Board's mission is to decrease this number as quickly as possible and put itself out of business.

Chairman Rauch announced that this was his last Loft Board meeting, and that Robert LiMandri, Commissioner of the Department of Buildings, will take his place as Chairman. Phyllis Arnold, Deputy Commissioner of the Department of Buildings, will be assisting LiMandri. Someone from the Fire Department will also join the Loft Board.

At the May 21, 2009 meeting, the Loft Board asked Director Lanny Alexander to draft a regulation requiring landlords to post a notice in their building about the building's legalization status. She told the Board at yesterday's meeting that she had not yet done so.

The discussion and vote on cases presented at yesterday's meeting was particularly lively, and there were dissenting votes cast on several cases.

In a rent overcharge case concerning 1005 Grand Street, Chuck DeLaney insisted that it wasn't enough that the landlord lost the case: the landlord should be punished for filing a "bogus" declaration of intent with the Department of Finance. The declaration of intent apparently stated that the landlord intended to use a certain unit for commercial purposes for a period of fifteen years. Although the tenant signed a lease promising to use the premises commercially, the tenant proved to the ALJ that they were actually residing at the premises, entitled to the protection of the Loft Law, and entitled to pay only a low regulated rent. Chairman Rauch said that although the tenants agreed to use the premises commercially, tenants protected by the Loft Law cannot waive their rights pursuant to the Loft Law.