Proposed Rules: Closed to Comments
Statement of Basis and Purpose
Pursuant to § 282 of Article 7-C of the Multiple Dwelling Law (MDL), the Loft Board maypromulgate rules to ensure compliance with the Loft Law. Effective as of June 21, 2010, theNew York State Legislature amended the Loft Law. In order to be consistent with thechanges to the Loft Law and to streamline the processing of harassment applications, theLoft Board intends to amend section 2-02 of Title 29 of the Rules of the City of New York.
The 2010 amendment to Section 282 increased the maximum civil penalties punishable forviolations of the Loft Law from $1,000 to $17,500 per violation. The proposed rule increasesthe maximum civil penalties that the Loft Board may impose against owners and primelessees who engage in an act or acts of harassment against occupants.
Under the existing rule, tenants are required to file harassment applications within 180 daysfrom the allegedly harassing behavior. However, acts committed outside of this filing periodmay be considered if they represent an “ongoing course of conduct.” The proposed ruleprovides a standard for determining what acts constitute an “ongoing course of conduct” andtherefore may be considered even if they occurred outside of the 180-day filing period for theharassment application.