Inside New York Loft Law with Michael Bobick
In this episode of Ground Rules, partner and host David Shamshovich [https://bbgllp.com/attorney/david-shamshovich/] sits down with BBG partner Michael Bobick [https://bbgllp.com/attorney/michael-bobick/] to unpack New York’s Loft Law [https://bbgllp.com/practice-area/nyc-loft-law/], a complex and often misunderstood legal regime governing the conversion of former commercial and manufacturing buildings into residential use.
Michael draws on his years of experience at the New York City Loft Board and in private practice to explain how the Loft Law originated, how the Loft Board functions, and what it means for owners and tenants navigating the legalization process. The conversation covers interim multiple dwellings, rent regulation, tenant protections, buyouts, and the realities of legalizing occupied buildings.
David and Michael also discuss two significant proposed rule changes currently before the Loft Board, including revisions to primary residence determinations and new requirements tied to seven‑B compliance and certificates of occupancy. The episode offers insight into how these changes may affect owners, landlords, and practitioners, and why Loft Law remains one of the most consequential and evolving areas of New York real estate law.
* 03:55 – Origins and Purpose of the Loft Law
Historical context behind the Loft Law, including artist live-work spaces, tenant advocacy, and legislative intent.
* 08:45 – What Qualifies as an Interim Multiple Dwelling (IMD)
Coverage requirements, window-period occupancy, and how buildings become subject to the Loft Law.
* 13:50 – Legalization While Tenants Remain in Place
How owners are required to legalize buildings around existing tenants, including relocation strategies and practical challenges.
* 19:30 – Tenant Protections, Rent Regulation, and Nonpayment Issues
Statutory tenancies, rent freezes, and why rent collection becomes a central point of conflict during legalization.
* 26:10 – The Role of the Loft Board and OATH
How hearings, determinations, reconsiderations, and Article 78 appeals function within the Loft Law framework.
* 33:40 – Buyouts, Deregulation, and Challenges to Loft Rights
How loft buyouts work, why they are increasingly scrutinized, and how prior buyouts can be reopened.
* 40:55 – Transition from Public Service to Private Practice
Michael’s move from the Loft Board to BBG and how that experience informs his current practice.
* 47:30 – Proposed Rule Changes Affecting Primary Residence
Expansion of acceptable proof of primary residence and the implications for owners and tenants.
* 54:40 – Article 7B Compliance and Certificate of Occupancy Enforcement
End of self-certification, CO timelines, escalating fines, and practical hurdles owners face.
* 1:04:25 – What Owners Should Be Doing Now
Guidance on good-faith compliance, documenting efforts, and minimizing enforcement risk.