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Key Points & Terms
A
Adjudicator
An Administrative Law Judge or hearing officer of the Office of Administrative Trials and Hearings or a Loft Board Staff member assigned to conference or hear and decide an Application.
Administrative Determination
A written decision made by a Staff member pursuant to these rules, from which a party has a right to appeal to the Board.
Affected Party
The owner and occupant(s) necessary to decide a claim asserted in an Application or proceeding at the Loft Board.
Agent
The individual in control of and responsible for the maintenance and operation of the IMD building.
Alteration Application
A work application form filed with the NYC Department of Buildings (DOB) which describes work to be done in a building that will result in obtaining a residential certificate of occupancy for an IMD unit.
Alteration Permit
Also referred to as 'building permit' or 'work permit,' means a document issued by DOB authorizing the owner to make the alterations, stated in the approved alteration application, which are necessary to obtain a residential certificate of occupancy for an IMD unit.
Alternate Plan Application
Means an occupant's alteration application and associated legalization plan filed with the DOB.
Application
The document used to start a proceeding before the Board.
Article 7-B
Article 7-B of the New York State Multiple Dwelling Law.
Article 7-C
Article 7-C of the New York State Multiple Dwelling Law.
B
Board
Refers to the Loft Board established pursuant to section 282 of the New York State Multiple Dwelling Law.
Building
Any structure which is permanently affixed to the land, has one or more floors and a roof and is bounded by either open area or the lot lines of a zoning lot. A building may be a row of structures, and have one or more structures on a single zoning lot.
Business Day
9:00 am to 4:00 pm on Monday through Friday, except for federal, New York State or New York City holidays.
Business Hours
9:00 am to 4:00 pm on Monday through Friday, except for federal, New York State or New York City holidays.
C
Chair
The Chairperson of the Board or his or her designee.
Code Compliance Deadlines
The deadlines contained in the provisions of MDL § 284(1) and § 29 RCNY 2-01.
Continuous Pattern of Behavior
Includes, but is not limited to, acts, at least one of which happened within 180 calendar days preceding the filing of the harassment application, that show a sequence of events that are similar in nature or a sequence of events that are reasonably related.
D
DOB
New York City Department of Buildings
E
Escalations or Escalators
Additional charges agreed upon by the occupant and owner or responsible party to be paid by the occupant provided in a lease or rental agreement, including but not limited to charges based on real estate taxes, heating fuel, labor, water and sewer, insurance, vault tax and any cost-of-living formulas.
Executive Director
Refers to the Executive Director of the Board or his/her designee.
F
Family
Has the meaning provided in MDL § 4(5), and may consist of a person or persons, regardless of whether they are related by marriage or ancestry.
H
Harassment
Any course of conduct or single act engaged in by the owner or any other person acting on its behalf that interferes with or disturbs the comfort, repose, peace or quiet of an occupant in the occupant's use or occupancy of its unit. Such conduct must be intended to cause the occupant to vacate the building or unit, or to surrender or waive any rights of such occupant under the occupant's written lease or other rental agreement or pursuant to Article 7-C. Harassment may also include any act or course of conduct by a prime lessee or any person acting on his or her behalf that would constitute harassment if engaged in by the owner, against any of the prime lessee's current or former subtenants who are residential occupants qualified for protection under Article 7-C.
I
IMD
An interim multiple dwelling as defined in Art. 7-C.
L
Legalization Plan
The construction documents, as defined in § 28-101.5 of the Administrative Code, as may be amended, including but not limited to architectural, structural, detailed drawings, construction specifications, tenant protection plan and other required plans submitted to the DOB with the alteration application as defined above.
Legalization Process
The process of getting a Certificate of Occupancy for the residential portions of the building or the IMD units.
Letter of No Objection (LONO)
A Board certificate issued to an owner or responsible party authorizing work in a non-IMD space.
M
MDL
New York State Multiple Dwelling Law.
Month
Thirty (30) calendar days
N
Narrative Statement
A document that describes in plain language, the proposed alterations for residential and non-residential units, including all of the work the owner or responsible party will perform in such unit and all of the work the owner or a responsible party will perform in common areas.
O
OATH
The Trials Division of the Office of Administrative Trials and Hearings or any successor entity.
Occupant
Unless otherwise provided, means a residential occupant eligible for or qualified for the protections of Article 7-C, any other residential tenant, or any non-residential tenant.
Ongoing Course of Conduct
For the purposes of harassment, actions or inactions by or on behalf of the owner that when considered together, show a continuous pattern of behavior.
Owner
Owner or owners of the freehold of the premises.
P
Person
An individual, partnership, corporation or other legal entity, and any individual or entity acting in a fiduciary or representative capacity.
Petition
A request or application for the Board to adopt a rule.
Petitioner
The person who files a petition.
Prime Lessee
The party with whom the owner entered into a lease or rental agreement for use and occupancy of a portion of an IMD, which is being used residentially, regardless of whether the lessee is currently in occupancy or whether the lease remains in effect.
Protected Occupant
An occupant qualified for protection under Article 7-C of the MDL.
R
Reasonable and necessary action to obtain a certificate of occupancy
As used in § 284(1) of the MDL, means deliberate, diligent, and consistent action from the beginning of Art. 7-C coverage through the issuance of a residential certificate of occupancy for the IMD building, or the issuance of a certificate of occupancy for the residential portions of the IMD building.
RCNY
Rules of the City of New York
Residential Unit
Any space used for residential purposes within an IMD building.
Responsible Party
The owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent, or any other person, firm or corporation, directly or indirectly in control of a dwelling.
RGB
The New York City Rent Guidelines Board.
S
Staff
The staff designated pursuant to MDL 282 to carry out functions of the Board.
Sublessee
A person who leases all or part of an IMD from a prime lessee or another sublessee.
Sublessor
A prime lessee who leases all or a portion of an IMD to another tenant.