(a) Any Person may commence a proceeding before the Loft Board by serving and filing an Application.
(1) Form of Application. The applicant must use the forms provided by the Loft Board. The applicant may not alter or re-type the forms. Each Application may only contain one (1) claim.
(2) The Application must contain facts and arguments relevant to the claim raised in the Application. If requested in the Application form, the applicant must attach documents in support of material facts where such documents exist.
(3) The applicant must list on the Application, to the best of his or her knowledge, all Affected Parties. Failure of an applicant to list all of the Affected Parties may result in rejection of the Application or a delay in processing the Application.
(4) An Application for rent overcharges must be filed within six (6) years of such overcharge. The Loft Board will not award overcharges for the period before the date of filing of a coverage or registration Application. An award by the Loft Board for rent overcharges may only include overcharges within the six (6) years immediately preceding the date of the Application for rent overcharges.
(5) An Application for rent adjustments based on the cost of code compliance must be filed no later than nine (9) Months after the Owner or Responsible Party has obtained a residential certificate of occupancy. An Owner or Responsible Party who fails to timely file an Application for code compliance rent adjustments waives the right to seek such a rent adjustment.
(6) An Application for registration as an IMD or for coverage of Residential Units located within the North Brooklyn IBZ that meet the requirements under MDL § 281(5) or (6) and these rules must be filed with the Loft Board by December 31, 2023, which is nine (9) months after the promulgation of all the rules necessary to implement the provisions of Chapter 41 of the Laws of 2019. However, a Building located within such North Brooklyn IBZ that is in a district zoned M3, as such district is described in the Zoning Resolution in effect at the time the Application for registration as an IMD or for coverage of Residential Units is filed, is not eligible for coverage pursuant to MDL § 281(5) or (6).
(b) Affected Parties.
(1) For coverage, Harassment and hardship Applications, Affected Parties include:
(i) the Owner,
(ii) any Responsible Party, if applicable,
(iii) all Prime Lessees and Sublessees in the Building, including residential and commercial and manufacturing tenants, and
(iv) Any Person residing within or commercially utilizing any unit of the building, if different from the Prime Lessees and Sublessees.
Where a Harassment Application solely alleges that the Owner's or Responsible Party's challenge of a sale of improvements is frivolous, the applicant must serve only the Owner or Responsible Party as an Affected Party.
(2) For abandonment Applications, Affected Parties include:
(i) the Owner,
(ii) any Responsible Party, if applicable,
(iii) all Prime Lessees and Sublessees in the Building, including residential and commercial and manufacturing tenants,
(iv) all Occupants of the Building, if different from the Prime Lessees and Sublessees,
(v) the current Occupant of the alleged abandoned unit,
(vi) the previous Occupant alleged to have abandoned the unit and
(vi) the beneficiary of the previous Occupant's estate, if applicable.
(3) For Protected Occupancy Applications, Affected Parties include:
(i) the Owner,
(ii) any Responsible Party, if applicable,
(iii) all Prime Lessees and Sublessees of the unit in which the applicant resides, and
(iv) all Occupants of the unit in which the applicant resides, if different from the Prime Lessees and Sublessees.
(4) For reconsideration Applications, Affected Parties include:
(i) the Owner,
(ii) any Responsible Party, if applicable, and
(iii) all Affected Parties in the underlying proceeding.
(5) For all other types of Applications, Affected Parties include:
(i) the Owner,
(ii) any Responsible Party, if applicable, and
(iii) the Occupants needed to resolve the claim stated in the Application.
(c) Service of the Application. Before filing an Application with the Loft Board, the applicant must serve each Affected Party with a copy of the Application, supporting documents, if any and a blank answer form. The applicant may serve by:
(1) personal service. Proof of personal service consists of a sworn affidavit indicating the date, time, place, location, and mode of identification of such personal service; or
(2) email, if the Affected Party consents to such service and has provided the applicant with an email address for such purpose. Proof of service by email consists of a copy of a delivery receipt from an email server indicating the email was delivered to such email address; or
(3) fax, if the Affected Party consents to such service and has provided the applicant with a fax number for such purpose. Proof of service by fax consists of a fax machine receipt indicating the transmission was successfully delivered to such number; or
(4) first class mail. Proof of service by first class mail consists of a United States Post Office-stamped copy of the certificate of mailing indicating the mailing address of the Affected Party; or
(5) delivery by a Private Delivery Service. Proof of service by a Private Delivery Service consists of a copy of a receipt showing acceptance by the delivery service for delivery to the address of the Affected Party.
(d) Service by Loft Board staff based on financial hardship.
(1) The Loft Board staff may serve all Affected Parties if the applicant proves that the applicant does not have sufficient funds to complete service.
(2) To request service by the Loft Board, the applicant must submit a written request asking the Loft Board staff to serve each Affected Party. This written request must be attached to an electronic or hard copy of the Application that complies with 29 RCNY § 1-21(e). The applicant may file the hard copy of the Application by hand delivery during regular Business Hours, by first class mail or by Private Delivery Service. The applicant may file the electronic copy by email to an address provided by the Loft Board or by fax.
(3) The request must include an affidavit stating the amount and sources of all of the applicant's income, a list of real property owned by the applicant and the value of the property and any facts that would be helpful in determining whether to approve the request.
(4) The Loft Board staff will notify the applicant of its decision either electronically if an email address or fax number has been provided or by first class mail. If the Loft Board staff approves the request, it will serve a copy of the Application and blank answer form on each Affected Party. If the Loft Board staff denies the request, it will return the hard copy of the Application to the applicant so that the applicant can serve each Affected Party.
(e) Filing the Application with the Loft Board.
(1) The Loft Board will not process any Application unless the Application package is complete.
(2) A complete Application package includes:
(i) either one bound hard copy of the Application with original signature and one unbound and unstapled hard copy of the Application or one electronic copy of the Application in a format required for electronic copies as listed on the Loft Board's website (unless the Loft Board staff has waived this requirement);
(ii) proof of service on all Affected Parties (unless the Loft Board staff has waived this requirement);
(iii) all supporting documents requested in the Application form; and
(iv) the Application fee in the amount required by the Loft Board's rules.
(3) The applicant may file the hard copies of the Application and applicable fees by hand delivery during regular Business Hours, by regular mail or by Private Delivery Service. The applicant may file an electronic copy by email to an address provided by the Loft Board or by fax.
(4) The Loft Board will not process an Owner's or Responsible Party's Application unless, as of the date of filing such Application, the registration renewal Application is current and all applicable fees and penalties have been paid in full. An Application is not deemed filed until the Loft Board receives payment of all outstanding fees, fines and penalties.
(5) The Loft Board will not process an Application or consider an Application filed until the applicant pays the Application fee and files all required documents. The Loft Board will return incomplete Applications and the Application fee, if applicable, to the applicant without further notice.
(6) The filing date of a completed Application package is the date on which the applicant files the last document. Where these rules contain a filing deadline for an Application, the Loft Board must receive all documents and the Application fee, unless waived, before the filing deadline. The Loft Board may reject an untimely or incomplete Application.
(Added City Record 3/1/2023, eff. 3/31/2023)