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Matter of Harmocol Realty Co., LLC

OATH Index No. 2151/08 (May19, 2008), adopted, Loft Bd. Order No. 3444 (June 19, 2008)

[Loft Bd. Dkt. No. LT-0008; 75 Leonard Street, N.Y., N.Y.]

IMD owner filed application to terminate a finding of harassment, issued against owner in 2003. Application granted where there was no evidence that the owner engaged in improper conduct, fines have been paid, and the ownerobtained a certificate of occupancy for the premises in 1995.

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NEW YORK CITY OFFICE OF

ADMINISTRATIVE TRIALS AND HEARINGS

In the Matter of

HARMOCOL REALTY CO., LLC

Petitioner

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REPORT AND RECOMMENDATION

JOHN B. SPOONER, Administrative Law Judge

This application to terminate a finding of harassment was filed on February 13, 2008, by Harmocol Realty Co., LLC (“Harmocol”), the owner of an Interim Multiple Dwelling (IMD) located at 75 Leonard Street, New York, New York. In the application, Lewis Helfer, a principal of Harmocol, seeks an order terminating a finding of harassment issued by the Loft Board in 2003. Loft Bd. Order No. 2840 (Jan. 15, 2003). The 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). No answers were filed. On April 14, 2008, this tribunal served a notice on the four tenants setting the trial for May 8, 2008, and notifying them that they were in default for failure to file an answer.

On May 8, 2008, Mr. Helfer and petitioner’s attorney appeared, but no one else appeared. The hearing then went forward in the form of a brief inquest and petitioner indicated that it sought an order terminating the 2003 finding of harassment due to the lack of evidence of further harassment and other factors.

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

ANALYSIS

In 2003, the Loft Board issued a finding of harassment against Harmocol, the owner of the premises. Matter of Harmocol Realty Co., LLC,Loft Bd. Order No. 2840 (Jan. 15, 2003). The Loft Board found that the owner harassed the tenants by depriving them of elevator service, menacing them on two specific dates, and refusing to place a co-tenant’s name on the intercom. The Board fined the owner $3,000 for these three acts of harassment.

This application to terminate a finding of harassment is made pursuant to section 2-01(d)(2)(i) of the Loft Board rules, which states that a landlordfound guilty of harassment “mayapply to the Loft Boardfor an order terminating such finding.” The Loft Board may grant such relief if it finds that no further harassment has occurred and that 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).

Consideration of the factors set forth above indicates that the 2003harassment finding should be terminated. The owner achieved full Article 7-C compliance when it obtained a final certificate of occupancy in 1995. According to an April 3, 2008 memo from the Loft Board’s Director of Hearings, contained in the Loft Board case file, the ownerpaid the entirety of the fines assessed in 2003 and is in compliance with the regulations relating to registration of IMD's. The memo indicates that no further harassment applications have been filed concerning the building. The memo offers no other indications of tenant complaints. To the contrary, the fact the tenants failed to answer the instant application and also failed to appear at the hearing corroborates petitioner’s assertion that no further harassment has occurred.

Based upon this record, I therefore recommend that the application for termination of the finding of harassment be granted.

John B. Spooner

Administrative Law Judge

May 19, 2008

SUBMITTED TO:

MARC RAUCH

Chairperson

APPEARANCES:

SMITH & SHAPIRO

Attorneys for Petitioner

BY: HAROLD FRECHTER, ESQ.