(a) Pursuant to MDL § 282, the Loft Board has the power to:
(1) determine IMD status and other issues of coverage;
(2) resolve hardship appeals;
(3) determine any claim for rent adjustment under this article brought by an Owner, a Responsible Party or a Tenant;
(4) issue, after a public hearing, and enforce rules governing:
(i) minimum housing maintenance standards in IMDs (subject to the provisions of Art. 7-C and the New York City Building Code);
(ii) rent adjustments before legalization;
(iii) compliance with Art. 7-C; and
(iv) the hearing of complaints and Applications made to it;
(5) determine controversies arising over the fair market value of a Tenant's fixtures or reasonable moving expenses;
(6) appoint such personnel as necessary to carry out its functions.
(b) The violation of a Loft Board order or any rule promulgated by the Loft Board will be punishable by a civil penalty not to exceed $25,000.
(c) Action by the Loft Board on its own initiative. The Loft Board may, on its own initiative, commence proceedings or investigations pursuant to its powers or duties under Art. 7-C and the rules promulgated by the Loft Board. This includes, but is not limited to, findings, determinations or enforcement proceedings concerning coverage, hardship claims, rent adjustments, fixture fee disputes, exemptions, minimum housing maintenance standards and compliance with requirements of Art. 7-C. Before making a finding or determination pursuant to Art. 7-C, the Loft Board must allow the party against whom a proceeding is directed an opportunity to be heard on not less than fifteen (15) days' notice by regular mail.
(d) Authority of the Executive Director and the Chair. The Executive Director of the Loft Board has administrative authority, under the direction of the Chair. Official correspondence regarding administrative matters may be signed by the Executive Director.
(e) Extension of filing deadlines. Unless otherwise stated in these rules, the Executive Director may, upon demonstration of extraordinary circumstances and in order to avoid injustice, extend any filing deadline contained in these rules for a reasonable amount of time, taking into consideration the reason for the request.
(Added City Record 3/1/2023, eff. 3/31/2023)