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Matter of Infinite Realty, LLC

OATH Index No. 1219/08 (Feb. 8, 2008), adopted, Loft Bd. Order No. 3417 (Mar. 20, 2008)

[Loft Bd. Dkt. No. LT-0007; 334 Bowery, N.Y., N.Y.]

IMD owner filed an application to terminate a finding of harassment, issued against a former owner in 1993. IMD tenants failed to answer owner’s application and did not appear for the hearing. Application granted where there is no evidence of further harassment, and the owner has achieved 7-B compliance, paid all outstanding fines, and has properly registered the building with the Loft Board.

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NEW YORK CITY OFFICE OF

ADMINISTRATIVE TRIALS AND HEARINGS

In the Matter of

MATTER OF INFINITE REALTY, LLC

Petitioner

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REPORT AND RECOMMENDATION

JULIO RODRIGUEZ, Administrative Law Judge

On October 4, 2007, petitioner, Infinite Realty, LLC, the owner of an interim multiple dwelling (“IMD”) located at 334 Bowery, New York, New York, filed an application to seeking to terminate a finding of harassment. The finding of harassment was issued by the Loft Board in 1993 against the IMD’s thenowner WSSAC-on-Bowery Associates, Ltd. (“WSSAC”).[1] See Matter of the Application of the Tenants of334 Bowery, Loft Bd. Order No. 1495 (Sept. 29, 1993). This proceeding is brought pursuant to Title 29, sections 1-06 and 2-02(d)(2)(i) of the Rules of the City of New York (RCNY). None of the fourteen remaining IMD tenants filed an answer to the petitioner’s application. The case was forwarded to this tribunal in November 2007.

A hearing was held before me on January 14, 2008. Petitioner offered documentary evidence and called two witnesses: William Fung, a managing member of Infinite Realty, LLC, and Milton Manning, managing agent of the premises. No tenants appeared at the hearing. The record remained open until January 28, 2008, in order for petitioner to file additional documents.

For the reasons provided below, I recommend that the owner’s application be granted.

ANALYSIS

The findings of harassment which petitioner seeks to terminate were made in 1993. The Loft Board issued anorder sustaining four findingsof harassment against WSSAC, for a total fine of $4,000. Matter of the Application of the Tenants of 334 Bowery, Loft Bd. Order No. 1495 (Sept. 29, 1993). In its decision, the Loft Board found that the owner harassed the tenants by failing to abide by the court ordered schedule of repairs and maintenance, failing to provide and maintain elevator service, failing to guarantee fire protection, and attempting to unlawfully evict tenants from their lofts. The owner was barred from making an application for an order terminating the finding of harassment for a period of one year from the date of the issuance of the order. Loft Bd. Order No. 1495, at 43.

Infinite Realty obtained title to the subject premises in June 1999 (Pet. Ex. 5).

Pursuant to Loft Board rule 2-02(d)(2)(i),a landlord found guilty of harassmentmayapply to the Loft Boardfor an order terminating such finding where no further harassment has occurred, the landlord has obtained at least a temporary certificate of occupancy, has paid all fines assessed and has properly registered the building with the Loft Board. 29 RCNY § 2-02(d)(2)(i)(A)-(D).

The owner’s attorney certified and the Loft Board confirmed that there are no other orders of harassment outstanding for the subject premises. William Fung, a managing member of Infinite Realty, LLC, and Milton Manning, managing agent of the premises, testified that all court ordered repairs and maintenance had been completed and that the elevator had been replaced in 2004 and is currently in good working order. Mr. Manning, who had been the building’s court appointed 7A Administrator prior to becoming its managing agent, further testified that he has not received any complaints from the tenants regarding the elevator or heat and hot water. None of the IMD tenants filed an answer to the owner’s petition or appeared for the hearing. There is no evidence to show that any further harassment has occurred. To the contrary,the owner offered a final Certificate of Occupancy with an effective date of March 16, 2007 as proof of its compliance with Article 7-B of the Multiple Dwelling Law (Pet. Ex. 6d). Lastly, the owner submitted a copy of a canceled check for $5,400 as proof of payment of the $4,000 fine and the registration fee, and a certified copy of the current Loft Board registration for the subject premises (Pet. Exs. 8, 9 & 11). Martha Cruz, the Loft Board Director of Hearings, confirmed that all outstanding fines have been paid, and that the building is properly registered with the Loft Board (ALJ Ex. 1).

I therefore recommend that the application for termination of the findings of harassment be granted.

Julio Rodriguez

Administrative Law Judge

February 8, 2008

SUBMITTED TO:

LANNY ALEXANDER

Executive Director

APPEARANCES:

LINDA RZESNIOWIECKI

Attorney for Petitioner

No appearance by or for Respondents.

[1] On April 10, 1987, the tenants of 334-336 Bowery filed an application seeking an order of harassment against WSSAC, the then owner of the premises. On February 26, 1990, during the pendency of the application, title to the property passed from WSSAC to the mortgagee. See Matter of the Application of the Tenants of 334 Bowery, Loft Bd. Order No. 1495, at 33 (Sept. 29, 1993).