A building owner commenced a CPLR Article 78 proceeding to review a New York City Loft Board order, which denied reconsideration of a prior Loft Board order. The loft board appealed from a trial court order and judgment which granted the petition and annulled the two prior board orders.

The owner had been “operating a waste disposal plant on the first floor” of the subject building. The respondents are residential tenants in the building. In approximately March 2014, the tenants filed applications for coverage under Article 7-C of the Multiple Dwelling Law (MDL), with the Loft Board. The owner opposed the applications, arguing that the “hazardous operation was incompatible with residentiary use.”

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