All Occupants have the right to participate in the narrative statement process. In this process, the Owner tells the Occupants what work will be done in each IMD unit. Occupants have a right to challenge that work if the work will unreasonably interfere with the use of their units or diminish services to which the Occupants are entitled. The Loft Board staff mediates disputes and attempts to get the parties to agree to a plan. If the parties reach an agreement, the Board will provide a certification that the narrative statement process has been completed. The Owner must provide this certification to DOB in order to pull a permit and begin work.
If the parties cannot agree on all or part of the work, the Occupants may file their own plan to legalize all or part of the building, file a claim for diminished services or file a claim for unreasonable interference. If DOB approves the Tenants’ plan or the Tenants’ plan does not require DOB review, the Loft Board may start a proceeding to determine which plan should be used to legalize the building and IMD units. The Loft Board will not issue a certification until after the Executive Director, or in some circumstances, the Board, decides the claim or proceeding.
See 29 RCNY § 2-01(d) for more information, on the Narrative Statement process.
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