Delaney to Loft Board: Minutes of Loft Board's Meeting Must Be Made Public in Two Weeks

At the Loft Board's September 17, 2009 Meeting, Chuck Delaney (tenant's representative) told the Loft Board that minutes of the Loft Board's meeting must be made available to the public within two weeks of the Board's meeting. At the present time, the Board does not make the minutes public until they are approved by the Loft Board. For example, the minutes of the May meeting are approved at the June meeting, and made public a short time thereafter. However, the minutes of the June meeting are not approved by the Loft Board until its September meeting, a three-month delay. Lanny Alexander, the Executive Director of the Loft Board, responding to Delaney, said she would look into this issue and report to the Board at the next meeting.


The new Loft Board Chairman Robert D. Limandri (Commissioner of the Department of Buildings) presided over his first Loft Board meeting on September 17, 2009.


At the same meeting, the Loft Board announced that Beverley Miller, Director of Legalization, left the Loft Board (a division of the Department of Buildings) to work for another division of the Department of Buildings.


Ms. Miller was employed at the Loft Board for 25 years. Her first assignment at the Loft Board was public information officer, a post now held by Michelle Shephard. Her most recent position at the Loft Board required her to preside at narrative statement conferences, attended by landlords, tenants, their architects and attorneys. She will be sorely missed by all.


Martha Cruz presented an interesting summary calendar case regarding 178 Stanton Street. Unfortunately, since, as a member of the public, I am not permitted to read proposed orders before the Loft Board's meeting, I can only give you the broad outlines. Apparently, the parties in that case arrived at a stipulation of settlement of some kind. The Loft Board therefore disposed of the case, without approving or disapproving of the stipulation of settlement. Chuck Delaney voiced the opinion that the stipulation is egregious, contrary to public policy and the Loft Board should not approve of the stipulation. Delaney voted "no" but the remainder of the Loft Board voted to adopt the proposed order prepared by Martha Cruz.


Although the Loft Board did not interfere with the parties' settlement in the Stanton Street case, Delaney's comments serve as a reminder to all landlords and tenants: even if you work out a deal, and settle your dispute before the Loft Board or the Office of Administrative Trials and Hearings, the Loft Board may refuse to honor your settlement agreement.