NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9545
SPONSOR: Glick (MS) TITLE OF BILL: An act to amend the multiple dwelling law, in relation
to coverage of interim multiple dwellings and owner obligations
PURPOSE OR GENERAL IDEA OF BILL:
This bill amends the multiple dwelling law by removing the six month
time limit under which applications for registration as an interim
multiple dwelling or for coverage of residential units must occur.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 - Removes the six month time limit under which applications
for registration as an interim multiple dwelling or for coverage of
residential units must occur after the date that the loft board shall
have adopted all regulations necessary in order to implement the two
thousand and ten loft laws. Renders it unlawful for an owner of a dwell-
ing to cause an occupant to vacate due to repeated interruptions of
essential services if the occupant has filed for coverage and has
received a docket number from the loft board.
Section 2 - Specifies the dates at which owners of interim dwellings
have to file an alteration application and the timeline in which they
have to achieve compliance with safety and fire protection.
Section 3 - Sets forth the timeline with which the owners of interim
multiple dwellings shall file an alteration application, obtain an
approved alteration permit and achieve compliance with safety and fire
protection standards.
Section 4 - This act shall take effect immediately and shall be deemed
to have been in full force and effect on and after March 11th, 2014.
JUSTIFICATION:
In 2010, legislation was introduced to make the loft law permanent. Its
intent was to bring buildings that had been illegally converted from
manufacturing to residential fire and safety codes. After the bill was
passed, however, amendments were introduced that severely restricted the
spirit of what the bill was trying to accomplish. Another deadline was
put in place which meant that coverage could only be sought for up to
six months after the date that the Loft Board had finished adopting all
the necessary rules and regulations to implement the 2010 law.
Legislation was introduced in the first place to ensure that those resi-
dences that were created illegally could come into code compliance and
allow the landlord to collect rent legally. By allowing this artificial
deadline to remain it ensures that landlords of lofts are not encouraged
to register their properties with the Loft Board, which would ensure
that they are brought up to residential safety and fire standards. If
the occupants of these lofts are evicted these premises will not revert
into manufacturing spaces. All that will occur is that the landlord will
rent the space to another tenant, at a much higher price. The purpose of
this legislation is to provide the best possible situation to bring
these lofts up to residential fire and safety codes.
PRIOR LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect immediately and shall be deemed to have been
in full force and effect on and after March 11th, 2014.
STATE OF NEW YORK
________________________________________________________________________
9545
IN ASSEMBLY
May 6, 2014
___________
Introduced by M. of A. GLICK, WRIGHT -- read once and referred to the
Committee on Housing
AN ACT to amend the multiple dwelling law, in relation to coverage of
interim multiple dwellings and owner obligations
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 282-a of the multiple dwelling law, as amended by
2 chapter 159 of the laws of 2011, is amended to read as follows:
3 § 282-a. [Limitation on applications] Applications for coverage of
4 interim multiple dwellings and residential units. [1. All applications
5 for registration as an interim multiple dwelling or for coverage of
6 residential units under this article shall be filed with the loft board
7 within six months after the date the loft board shall have adopted all
8 rules or regulations necessary in order to implement the provisions of
9 chapter one hundred forty-seven of the laws of two thousand ten. The
10 loft board may subsequently amend such rules and regulations but such
11 amendments shall not recommence the time period in which applications
12 may be filed. Notwithstanding any other provision of this article,
13 after such date no further applications for registration or coverage as
14 an interim multiple dwelling or for coverage under this article shall be
15 accepted for owners or occupants of buildings that would otherwise qual-
16 ify as interim multiple dwellings or for coverage pursuant to this arti-
17 cle.
18 2.] Where any occupant has filed an application for coverage pursuant
19 to this article and has received a docket number from the loft board, it
20 shall be unlawful for an owner to cause or intend to cause such occupant
21 to vacate, surrender or waive any rights in relation to such occupancy,
22 due to repeated interruptions or discontinuances of essential services,
23 or an interruption or discontinuance of an essential service for an
24 extended duration or of such significance as to substantially impair
25 habitability of such unit, at any time before the loft board has made a
26 final determination, including appeals, to approve or deny such applica-
27 tion. This [subdivision] section shall not grant any rights of continued
28 occupancy other than those otherwise granted by law. Any agreement that
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14500-05-4
A. 9545 2
1 waives or limits the benefits of this [subdivision] section shall be
2 deemed void as against public policy. In addition to any other remedies
3 provided in this article for failure to be in compliance, in article
4 eight of this chapter, or in the regulations promulgated by the loft
5 board, an occupant who has filed an application with the loft board for
6 coverage under this article may[, no later than thirty-six months after
7 the loft board shall have adopted rules and regulations as set forth in
8 subdivision one of this section,] commence an action or proceeding in a
9 court of competent jurisdiction, which notwithstanding any other
10 provision of law shall include the housing part of the New York city
11 civil court, to enforce the provisions of this [subdivision] section.
12 § 2. Paragraph (vi) of subdivision 1 of section 284 of the multiple
13 dwelling law, as amended by chapter 4 of the laws of 2013, is amended to
14 read as follows:
15 (vi) Notwithstanding the provisions of paragraphs (i) through (v) of
16 this subdivision the owner of an interim multiple dwelling made subject
17 to this article by subdivision five of section two hundred eighty-one of
18 this article (A) shall file an alteration application [within nine
19 months from the effective date of the chapter of the laws of two thou-
20 sand ten which amended this subparagraph] on or before March twenty-
21 first, two thousand eleven, or, for units that became subject to this
22 article pursuant to the chapter of the laws of two thousand thirteen
23 which amended this paragraph, [within nine months of the promulgation of
24 all necessary rules and regulations pursuant to section two hundred
25 eighty-two-a of this article]on or before June eleventh, two thousand
26 fourteen, or, for units in an interim multiple dwelling that were listed
27 on an application for coverage or registration filed with the loft board
28 pursuant to this article or in a court pleading after March eleventh,
29 two thousand fourteen, within nine months of either the date of the
30 initial application for coverage or the date of the loft board's issu-
31 ance of an interim multiple dwelling number or the date of the service
32 of the pleading, whichever is earlier, and (B) shall take all reasonable
33 and necessary action to obtain an approved alteration permit [within
34 twelve months from such effective date] on or before June twenty-first,
35 two thousand eleven, or, for units that became subject to this article
36 pursuant to the chapter of the laws of two thousand thirteen which
37 amended this paragraph, [within twelve months of the promulgation of all
38 necessary rules and regulations pursuant to section two hundred eighty-
39 two-a of this article] on or before September eleventh, two thousand
40 fourteen, or, for units in an interim multiple dwelling that were listed
41 on an application for coverage or registration filed with the loft board
42 pursuant to this article or in a court pleading after March eleventh,
43 two thousand fourteen, within twelve months of either the date of the
44 initial application for coverage or the date of the loft board's issu-
45 ance of an interim multiple dwelling number or the date of the service
46 of the pleading, whichever is earlier, and (C) shall achieve compliance
47 with the standards of safety and fire protection set forth in article
48 seven-B of this chapter for the residential portions of the building
49 within eighteen months from obtaining such alteration permit, and (D)
50 shall take all reasonable and necessary action to obtain a certificate
51 of occupancy as a class A multiple dwelling for the residential portions
52 of the building or structure [within thirty months from such effective
53 date] on or before December twenty-first, two thousand twelve, or for
54 units that became subject to this article pursuant to the chapter of the
55 laws of two thousand thirteen which amended this paragraph [within thir-
56 ty months of the promulgation of all necessary rules and regulations
A. 9545 3
1 pursuant to section two hundred eighty-two-a of this article] on or
2 before March eleventh, two thousand sixteen, or, for units in an interim
3 multiple dwelling that were listed on an application for coverage or
4 registration filed with the loft board pursuant to this article or in a
5 court pleading after March eleventh, two thousand fourteen, within thir-
6 ty months of either the date of the initial application for coverage or
7 the date of the loft board's issuance of an interim multiple dwelling
8 number or the date of the service of the pleading, whichever is earlier.
9 The loft board may, upon good cause shown, and upon proof of compliance
10 with the standards of safety and fire protection set forth in article
11 seven-B of this chapter, twice extend the time of compliance with the
12 requirement to obtain a residential certificate of occupancy for periods
13 not to exceed twelve months each.
14 § 3. Paragraph (vi) of subdivision 1 of section 284 of the multiple
15 dwelling law, as amended by chapter 135 of the laws of 2010, is amended
16 to read as follows:
17 (vi) Notwithstanding the provisions of paragraphs (i) through (v) of
18 this subdivision the owner of an interim multiple dwelling made subject
19 to this article by subdivision five of section two hundred eighty-one of
20 this article (A) shall file an alteration application [within nine
21 months from the effective date of the chapter of the laws of two thou-
22 sand ten which amended this subparagraph] on or before March twenty-
23 first, two thousand eleven, or, for units in an interim multiple dwell-
24 ing that were listed on an application for coverage or registration
25 filed with the loft board pursuant to this article or in a court plead-
26 ing after March eleventh, two thousand fourteen, within nine months of
27 either the date of the initial application for coverage or the date of
28 the loft board's issuance of an interim multiple dwelling number or the
29 date of the service of the pleading, whichever is earlier and (B) shall
30 take all reasonable and necessary action to obtain an approved alter-
31 ation permit [within twelve months from such effective date] on or
32 before June twenty-first, two thousand eleven, or, for units in an
33 interim multiple dwelling that were listed on an application for cover-
34 age or registration filed with the loft board pursuant to this article
35 or in a court pleading after March eleventh, two thousand fourteen,
36 within twelve months of either the date of the initial application for
37 coverage or the date of the loft board's issuance of an interim multiple
38 dwelling number or the date of the service of the pleading, whichever is
39 earlier and (C) shall achieve compliance with the standards of safety
40 and fire protection set forth in article seven-B of this chapter for the
41 residential portions of the building within eighteen months from obtain-
42 ing such alteration permit [or eighteen months from such effective date,
43 whichever is later], and (D) shall take all reasonable and necessary
44 action to obtain a certificate of occupancy as a class A multiple dwell-
45 ing for the residential portions of the building or structure [within
46 thirty-six months from such effective date] on or before June twenty-
47 first, two thousand thirteen, or, for units in an interim multiple
48 dwelling that were listed on an application for coverage or registration
49 filed with the loft board pursuant to this article or in a court plead-
50 ing after March eleventh, two thousand fourteen, within thirty-six
51 months of either the date of the initial application for coverage or the
52 date of the loft board's issuance of an interim multiple dwelling number
53 or the date of the service of the pleading, whichever is earlier. The
54 loft board may, upon good cause shown, and upon proof of compliance with
55 the standards of safety and fire protection set forth in article seven-B
56 of this chapter, twice extend the time of compliance with the require-
A. 9545 4
1 ment to obtain a residential certificate of occupancy for periods not to
2 exceed twelve months each.
3 § 4. This act shall take effect immediately and shall be deemed to
4 have been in full force and effect on and after March 11, 2014;
5 provided, however, that the amendments to paragraph (vi) of subdivision
6 1 of section 284 of the multiple dwelling law made by section two of
7 this act shall be subject to the expiration and reversion of such para-
8 graph pursuant to subdivision (h) of section 27 of chapter 4 of the laws
9 of 2013, as amended, when upon such date the provisions of section three
10 of this act shall take effect.
