The Enforcement Unit prosecutes generally violations of Article 7-C of the Multiple Dwelling Law (“MDL”) and violations of the Loft Board’s rules. The unit’s primary focus involves violations related to the code compliance deadlines, minimum housing standards, and IMD annual registration. The unit initiates proceedings to enforce compliance with the Loft Law and to impose and collect fines in each of these categories. Where hearings are deemed necessary, conferences and trials are conducted before the New York City Office of Administrative Trials and Hearings (“OATH”).

Code Compliance Deadlines
During the history of the Loft Law, the New York State Legislature has revised the deadlines for legalizing IMDs several times. Those deadlines are found at MDL § 284(1) and repeated in the Board’s rules at 29 RCNY § 2-01(a). Each deadline is a separate obligation imposed on owners, and each missed deadline subjects an owner to a fine of up to $1,000. Conferences and hearings are conducted before an administrative law judge at OATH who, after a hearing, will make a recommended finding to the Loft Board. The Board has the right to accept, reject, or amend the judge’s finding before issuing an order resolving the matter.

Minimum Housing Standards
The Loft Law requires owners to provide certain minimum housing services, such as heat and hot water, to residential tenants in an IMD building. The Loft Board has its own inspector who responds to tenant complaints and, upon finding a breach of these standards, issues a violation of the Loft Board’s Minimum Housing Standards rules. Violations must be cured within sevens days’ of their issuance. After the 10th day, the Board will conduct a re-inspection of the condition. If the violation has not been corrected, a proceeding will be commenced at OATH in which the OATH judge can dismiss the action or impose a fine against the owner within the range set out in the Loft Board’s rules. The list of minimum services and the fines that can be sought -- which range up to $1,000 per incident -- are in the Loft Board’s rules at § 2-04.

Registration
The Loft Law requires owners to file an annual registration statement with the Board, accompanied by the appropriate fee (currently $500 per unit). Failure to pay the registration fee and file the registration statement for any registration period (July 1 - June 30 of each year) can result in a fine of up to $1,000. The Enforcement Unit monitors compliance with this obligation and initiates proceedings against owners who fail to comply. These cases are presented directly to the Loft Board’s nine member Board without a hearing at OATH.

FAQs
How do I file a minimum housing standards complaint?
During Loft Board business hours (M-F, 9am-4pm), telephone the Loft Board at (212) 566-5663. After business hours, or on weekends call 311.

May I make a complaint about any housing condition?
No. According to the Loft Board’s rules, only certain housing conditions fall under the Minimum Housing Standards rules as services owners must provide. These are:

• Water and drainage, and maintenance of the plumbing fixtures where the landlord has installed them.
  
• Heat: Between October 1 and May 31, all living areas must be kept at 68 degrees Fahrenheit between 6 a.m. and 10 p.m. when the outside temperature is below 55 degrees. Between 10 p.m. and 6 a.m. during those months all living areas must be kept at 55 degrees when the outside temperature is below 40 degrees.
  
• Hot water: Between 6 a.m. and midnight a landlord must keep hot water at least 120 degrees Fahrenheit.
  
• Electric supply must be maintained so that all residential units can obtain electric power.
  
• Gas: Where gas previously has been provided by the owner, he or she must continue to do provide it to the tenants. An owner also must reasonably cooperate with a tenant who wishes to obtain gas service.
  
• Smoke detectors
  
• Public lighting
  
• Building entrance security
  
• Elevator service, if previously provided, or set forth in a lease.
  
• Window guards

Where should I file complaints about conditions in the building that do not fall within the Minimum Housing Standards rules?
Depending on the nature of the complaint, an IMD tenant may file a complaint with any appropriate agency. For example, dangerous structural conditions fall under the jurisdiction of the Department of Buildings, while other types of complaints might go to the Department of Health or the Department of Environmental Protection. Calling 311 will usually result in a complaint being directed to the correct agency.

May an IMD tenant raise non-Loft Law related matters at the Loft Board?
No. The Loft Board has jurisdiction over only those matters involving the Loft Law. However, nothing in the Loft Law or in the Loft Board’s rules prevents a tenant from seeking to enforce any rights he or she may have, whether they arise under the Loft Law, any other law, the Loft Board’s rules, or an individual lease in a court of competent jurisdiction, or other appropriate forum.

Is an owner exempt from the Loft Law’s legalization requirements and the Loft Board’s jurisdiction if the building is vacant or used only for commercial purposes?
No. An application must be made to the Loft Board to remove a building from the Loft Board’s jurisdiction. That application will be granted only under specific circumstances.
A building that has not been issued a residential certificate of occupancy may be removed from the jurisdiction of the Loft Board if 1) the rights to the IMD unit have been sold to the owner, or the improvements to the IMD unit have been sold to the owner (with some exceptions), or the IMD units have been declared abandoned by a Loft Board order, 2) and the owner has filed a Declaration of Intent form for each IMD unit indicating the owner’s intent to convert all of the IMD units in the building back to commercial use. The procedures and requirements regarding sales of rights to an IMD unit are governed by Multiple Dwelling Law (“MDL”) § 286(12) and § 2-10 of the Loft Board’s rules. Section 286(6) of the MDL and § 2-07 of the Loft Board’s rules govern the sale of improvements made to an IMD unit and section 2-10(f) governs the procedures for applications seeking a finding of abandonment for an IMD unit

Related Forms
Answer Form for Applications in Enforcement Unit Proceedings
Extension of Code Compliance Deadlines Application