Real Property
ALJ finds tenants’ ground-floor, but not cellar portion of their
unit, is covered by Loft Law.
Tenants sought Loft Law coverage of their unit which comprised the ground and cellar floors of a five-story building in which the units on the second through fifth floors are registered IMD units. The owner contended that the 2010 amendments to the Loft Law exempt from coverage apartments “located in a cellar,” and therefore, because the cellar, which is used for accessory residential storage and a sculptor's studio, is part of the tenants' unit, the entire unit is precluded from coverage.
Matter of Schuss (in PDF), OATH Index No. 2066/12 (Mar. 25, 2013).