Protects tenants in unlawful lofts ("interim multiple dwellings") from eviction on certain grounds (i.e., on grounds that the occupancy is unlawful because the building does not satisfy one or more requirements pertaining to such dwellings or because the owner has failed to satisfy one or more requirements pertaining to such dwellings or because a residential certificate of occupancy has not been issued for the building or because residential occupancy is not permitted by the local zoning resolution) by precluding owners who have recovered possession on the grounds of unlawful occupancy from making certain applications to any public body to legalize residential occupancy for a ten year period following the actual recovery of possession; provides that any approval, authorization, permit, etc. granted or issued by a public body in connection with an application made in violation of these provisions shall be void.
STATE OF NEW YORK
________________________________________________________________________
2057
2019-2020 Regular Sessions
IN ASSEMBLY
January 22, 2019
___________
Introduced by M. of A. LENTOL -- read once and referred to the Committee
on Housing
AN ACT to amend the multiple dwelling law, in relation to providing
tenant protection in connection with unlawful interim multiple dwell-
ings
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The multiple dwelling law is amended by adding a new
2 section 286-a to read as follows:
3 § 286-a. Tenant protection; unlawful interim multiple dwellings. 1.
4 Definitions. For purposes of this section: (i) the term "building"
5 includes a building, structure, or portion thereof, or a unit therein;
6 (ii) the term "public body" includes state and municipal agencies,
7 departments, and boards, including local planning agencies and the loft
8 board; and (iii) the term "specified grounds" includes the ground that
9 (A) the building or occupancy does not satisfy one or more requirements
10 pertaining to interim multiple dwellings as set forth in this article or
11 in any other provision of law or in regulation, (B) the owner has failed
12 to satisfy one or more requirements pertaining to interim multiple
13 dwellings as set forth in this article or in any other provision of law
14 or in regulation, (C) a residential certificate of occupancy has not
15 been issued for the building, or (D) residential occupancy is not
16 permitted by the local zoning resolution.
17 2. Rule. An owner who has recovered possession of a building occupied
18 by a residential occupant on the basis that the occupancy is unlawful on
19 specified grounds shall not make any application under any provision of
20 state law or local law, code, ordinance, rule or regulation, to any
21 public body for the purpose of, or that would have the effect of or aid
22 in, legalizing or authorizing, any use of the building as an interim
23 multiple dwelling. The prohibition set forth in this subdivision shall
24 remain in effect for a period of ten years after the owner's actual
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04482-01-9
A. 2057 2
1 recovery of possession. Any approval, authorization, permit, special
2 permit, exception, exemption, certification, variance, zoning amendment,
3 or any form of permission whatsoever that may be granted or issued by a
4 public body in connection with an application made in violation of the
5 provisions of this subdivision shall be void.
6 § 2. This act shall take effect immediately, and shall apply to build-
7 ing owners who recover possession of a building as defined and described
8 in section 286-a of the multiple dwelling law, as added by section one
9 of this act on or after said date.