Looking for case histories in Brooklyn re: IMD (the Inte

[cfgraneto]

Anyone out there willing to point me in the right direction?

I have read on the City Loft Board that there are at least 45 buildings in Brooklyn that have either qualified for the interim status or have qualified for a C of O under the Multi- Dweling Law provisions under the guidlines established in RPL Artile VII. My landlord is claiming that the Housing Court will only judge in favor of the Tenant if he can provide "precedents" in Brooklyn. He claims that whatever happens in that foreign principality commonly refered to as "Manhattan" does not "apply" to cases in "this country," Brooklyn.

Besides the specious nature of this argument in general, he also claims that the RPL and the MDL commonly refered to as "Loft Law" do not have significant relevance because we will not be able to prove that this building was occuppied during the early 80's. Does anyone know of cases in recent history which have resulted in a judgement which recognized a building under IMD in which the residential usage began after those years established under the RPL article VII?

[cfgraneto]

Not IMD but MDW under the RPAL

[Anna]

"Multi- Dweling Law provisions under the guidlines established in RPL Artile VII.
...Not IMD but MDW under the RPAL"

Huh?? I'm not an expert on lofts, but the Loft Law I know is MDL Article 7 which results in IMD's (Interim Multiple Dwellings). There are some additional rules, probably in RCNY (Rules of the City of NY). I'm not familiar with any special Loft sections of either the RPL or the RPAPL.

"He claims that whatever happens in that foreign principality commonly refered to as "Manhattan" does not "apply" to cases in "this country," Brooklyn. "
see new post in Housing Court Forum re precedents.

I read some of your earlier posts: are any of the other tenants in your building involved? did you get an attorney? did you contact your assembly-person and council-person?

Suggestion: search the Housing Court Decisions for 'IMD' and 'loft': there are decisions on both IMD and non-IMD loft bldgs, some in Brooklyn.
http://tenant.net/Court/Hcourt

I suggest you place future posts in the Loft forum: 'Other NYC Housing Issues', instead of 'Non-Reg...': some people scan for specialty cases...

ps: see the new post in that forum re Resources for Loft Tenants.

[cfgraneto]

Anna, thank you very much. At present there are no other tenants involved besides my roommates and the primary lease holder. The tenants of the rest of this complex are wary. They fear retaliation from the LL. There is a lot of money at stake here. The primary lease holder has offered us a lease which he is in no legal position to do so. That is where we ran into problems. We have no rights since our lease is illegal. Furthermore the entire complex is being rented as LiveWork spaces and is in violation of zoning laws. Everyone is concerned with their own situations and show little or no desire to challenge the status quo.

Thank you for posting the information in the other forum. I will direct my posting to that forum n the future.