New York Law Review

Matter of 985 Fifth Ave. v. New York City Loft Bd., 73 N.Y.2d 771 (1988): Establishes Substantial Evidence Standard for Loft Law Coverage

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The New York Law Review

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Matter of 985 Fifth Ave. v. New York City Loft Bd., 73 N.Y.2d 771 (1988)

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The Loft Board’s determination of residential occupancy under the Loft Law must be supported by substantial evidence, and primary residence is not a requirement for Loft Law coverage.

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Summary

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The New York Court of Appeals affirmed the Appellate Division’s judgment, holding that the Loft Board’s determination that the second, third, and fourth floors of the petitioner’s building were residentially occupied during the

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