Talking about the Loft Laws; Tenants Ask the Questions

In a volatile climate of economic disaster, New York City has become a battle ground for tenants, many of whom have been squeezed out of their homes due to rapidly rising rents and gentrifying neighborhoods, foreclosures and poor living conditions. However, as the legislative term rounded to a close just a few weeks ago, loft tenants celebrated a significant victory—albeit with several caveats—with the passage of Loft Laws, a piece of legislation that will permanently protect those living in commercially or industrially-zoned dwellings from eviction, exorbitant rent hikes, or worse.
On Thursday evening Assemblyman Vito Lopez, the bill’s sponsor and main champion, held a public meeting at Our Lady of the Rosary of Pompeii church in Bushwick, where loft tenants were invited to ask questions, tell stories and seek advice from legislators, advocates and lawyers.
“This issue is an important one, and it’s not a new one for me,” said Lopez, who has been working towards the passage of this bill for more than fifteen years. “I’m proud of it.”
The law, which will protect residents occupying units in commercially- and industrially-zoned loft buildings, is groundbreaking in nature, but still shrouded in a series of unanswered questions. Attendees’ concerns ranged from the form and function of the loft board, a body of landlords and tenants that monitors rent increases of registered loft buildings; what units are eligible for coverage; how to apply and what to do if a landlord resists complying with the law.
Among the panel of experts and professionals was Chuck Delaney of the Loft Board, who fielded questions concerning the body’s function.
“If you’re not confused by the Loft Laws, you’re not paying attention,” he said, half-jokingly. According to Delaney and attorney David Frazer, who was also in attendance, understanding the Loft Law is just the beginning of the process for many tenants who will ultimately be affected by its passage. Some will eventually need to organize associations, join forces with neighborhood organizations and possibly seek legal advice or assistance.
“Landlords are going to have to spend some serious cash, and it’s going to be very costly,” Frazer said. “They don’t want to spend the money, and the first thing some of them are going to do is try and get [loft tenants] out of their buildings. So, everyone needs to be protected.”
The Loft Law will protect loft units that do not, as of now, have a residential certificate of occupancy, but were occupied between January 2008 to December 2009. The 2010 Loft Law will function as a piece of companion legislation to a bill passed in 1982, which provided similar protections to tenants living in Manhattan. Any tenant living in a loft for the specified 12-month period is eligible for protection, as long as there are two other loft units that qualify in the building. Once the applicant applies for protection, the unit will automatically—and permanently—become subject to rent regulation, which is determined on a unit-by-unit basis and enforced by the Loft Board. Under the law, landlords will also be required to bring their loft buildings into compliance, though the extent to which tenants will absorb these costs is unclear, and poses some concern. Though loft buildings located in Industrial Business Zones (IZBs) throughout Brooklyn are excluded from coverage, those in Greenpoint, Williamsburg and Bushwick are eligible for the protection.
Laura Braslow, an artist living in Bushwick, expressed concern about the Loft Law and how it will eventually affect neighborhoods like her own.
“I hope we can work through some of these issues to make these laws work for tenants,” Braslow said. She voiced disappointment that questions the eligibility of loft buildings with active manufacturing occurring inside, and the renovation costs tenants will eventually have to shoulder, were not addressed. “I hope important questions like these will eventually be addressed, so this law can really work for us.”
Another major issue surrounding the passage of the Loft Law is the question of manufacturing jobs. Lopez addressed this issue, citing the importance of working artists who occupy lofts as live/work spaces, and generate revenue for New York City. He also said that, “this law is not going to bring in and destroy manufacturing jobs. If we didn’t pass this bill, there would still be signs on these loft buildings saying, ‘lofts for rent.’”
Braslow, on the other hand, disagreed, attesting that manufacturing is still an important piece of the fabric of North Brooklyn, and that there are ways that manufacturing, and working artists, can both thrive.
“There are still 15,000 manufacturing jobs in this area,” she said. “Pitting artists against industry is unnecessary.”
Other tenants in attendance, however, voiced their appreciation and excitement at the passage of the law.
Jim Morrison, a Greenpoint resident and entrepreneur runs his own business out of his loft.
“I own a business, and I contribute to the fabric of New York,” Morrison said. “Our landlord is doing everything he can to sell our building to developers, so my case is a prime example. This law is a wonderful thing for us.”

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