Brynhildur Thorgeirsdottir v. New York City Loft Board

Asch and Rubin, JJ.,

dissent in part in a memorandum by Rubin, J., as follows: At issue on this appeal is whether it is within the authority of respondent New York City Loft Board to promulgate regulations requiring that an owner file a record of the sale of improvements before the unit in an interim multiple dwelling (IMD) in which the improvements are situated may be rented at the market rate pursuant to the provisions of section 286 (6) of article 7-C of the Multiple Dwelling Law (L 1982, ch 349, § 1 [Loft Law]).

Section 286 (6) of the Multiple Dwelling Law permits the tenant of a unit in an…