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Chapter I - Subchapter A

§1-03 Applicability.

Loft Law Cases


The Loft Board Rules do not address application withdrawals, thus triggering reliance on OATH’s Rules. Matter of Smith, OATH Index No. 1112/15, mem. dec. (Feb. 6, 2015).

Pursuant to the section and to section 1049(3)(d) of the City Charter, this tribunal’s rules apply to a case except to the extent that they are inconsistent with the rules of the agency that referred the case. Therefore, in a Loft Law case referred by the Loft Board, this tribunal’s rules govern pre-trial discovery because the rules of the Loft Board are silent as to discovery. Matter of Prince, OATH Index No. 1506/95 (Aug. 4, 1995).


Because not all Loft Law cases are adjudicated before this tribunal, the rules of this tribunal are not applicable to a Loft Law case unless and until the case is referred here. Matter of Ancona, OATH Index Nos. 116/96, 621/96, 623/96 (Dec. 8, 1995).