This section applies to any matter that was not determined by the members of the Loft Board.
(a) Appeal from a Loft Board staff determination. An Affected Party who disagrees with a written Loft Board staff determination may appeal such determination to the Loft Board.
(b) Appeal from a determination of a Loft Board staff member under 29 RCNY § 2-04. An Affected Party who disagrees with a written determination of a Loft Board staff member with respect to housing maintenance standard violations may appeal such determination to the Loft Board. For the purposes of this section, an Affected Party who disagrees with a written determination of the Loft Board staff member means the Owner or Responsible Party of the Building in question.
(c) Service and filing of appeal Application.
(1) The appealing party must serve and file the complete appeal Application within thirty (30) days of the date of mailing of the determination sought to be appealed.
(2) The appeal Application must specify the questions presented for appeal and the facts and points of law relied upon as a basis for seeking an appeal. Except where a member of the Loft Board staff is the appellant, the applicant must pay the appeal Application fee.
(d) Answers. A party supporting or opposing the appeal Application must serve and file an answer within thirty (30) days of service of the appeal Application. The answer must contain the facts and arguments on which the party is relying.
(e) Extension of time to appeal or answer. The Executive Director may, upon request, extend the time for filing an appeal or an answer to an appeal. The request for the extension must be received before the filing deadline for the appeal or the answer to the appeal. The extension request must be supported by evidence of impossibility or other explanation of inability to file timely. A copy of the request must be served on all Affected Parties, and proof of service filed with Loft Board Staff.
(f) Standard of review. In reviewing an appeal, the Loft Board must consider whether the facts found are supported by substantial evidence in the record, whether the law was correctly applied, and whether the penalty imposed is appropriate. The Loft Board may only consider evidence presented to the Loft Board staff unless good cause is shown as to why the evidence was not previously available.
(g) Board authority. The Loft Board may reverse, remand, or modify any determination appealed pursuant to this section and may reduce or increase the penalty imposed by the Loft Board staff. Upon determination of the appeal Application, the final order of the Loft Board will be mailed to:
(1) The party or parties who filed the appeal;
(2) The parties who filed an answer; and
(3) All Affected Parties in the underlying proceeding.
(h) Judicial review. The Loft Board's determination of the appeal is a final agency determination from which a party may seek judicial review.
(i) Appeal from a determination of the OATH Hearings Division pursuant to the City Charter § 1049-a. An appeal from a determination of an OATH Hearings Division hearing officer issued pursuant to a Loft Board rule must be brought before the OATH Hearings Division in accordance with the applicable rules and provisions established by OATH, as set forth in 48 RCNY Chapters 3 and 6.
(Added City Record 3/1/2023, eff. 3/31/2023)