Living room in an apartment

What Tenants Should Know

The Loft Law gives tenants both rights and responsibilities. Tenants residing in IMD units are entitled to continue to live in units covered under the Loft Law even though the units do not have a residential Certificate of Occupancy. However, Tenants may be evicted for other reasons, including not using the units as their primary residences.

See MDL 283 and 29 RCNY 2-08.1(a) for more information.

Know Your Rights

If you are a Tenant living in an IMD unit that is under the jurisdiction of the Loft Board, the Loft Law provides you with the following rights:

  • You may not be evicted by your landlord because the IMD unit you are living in lacks a residential Certificate of Occupancy;
  • You are entitled to housing maintenance services, including, but not limited to, heat, hot water and electricity;
  • You have a right to remain in your IMD unit provided the unit is your primary residence;
  • Your rent may not be increased by your building Owner while your IMD unit is under the Loft Board’s jurisdiction, unless such an increase is provided by law;
  • You may not be harassed by your building Owner and you have the right to file an application at the Loft Board based on a claim of harassment if you believe the Owner of your building is harassing you;
  • You may sell your Loft Law rights to the Owner of your building for good and valuable consideration;
  • You remain entitled to these rights even if your building is sold to new ownership; and
  • After your building is issued a residential Certificate of Occupancy by the Department of Buildings, your apartment may become rent regulated, which gives you the right to renewal leases and provides you with certain protections against unlawful rent increases.

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