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A05375 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5375
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 16, 2011
                                       ___________
 
        Introduced by M. of A. V. LOPEZ -- read once and referred to the Commit-
          tee on Housing
 
        AN  ACT  to  amend the multiple dwelling law, in relation to prohibiting
          service interruption
 
          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 added by
     2  chapter 147 of the laws of 2010, is amended to read as follows:
     3    § 282-a. Limitation on applications for coverage of  interim  multiple
     4  dwellings and residential units. 1. All applications for registration as
     5  an  interim multiple dwelling or for coverage of residential units under
     6  this article shall be filed with the loft board within six months  after
     7  the  date  the  loft  board  shall have adopted all rules or regulations
     8  necessary in order to implement the  provisions  of  [the]  chapter  one
     9  hundred  forty-seven  of the laws of [2010 which added this section] two
    10  thousand ten.   The loft board may subsequently  amend  such  rules  and
    11  regulations  but such amendments shall not recommence the time period in

    12  which applications may be filed.  Notwithstanding any other provision of
    13  this article, after such date no further applications  for  registration
    14  or  coverage  as an interim multiple dwelling or for coverage under this
    15  article shall be accepted for owners  or  occupants  of  buildings  that
    16  would  otherwise  qualify  as interim multiple dwellings or for coverage
    17  pursuant to this article.
    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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08755-03-1
        A. 5375                             2
 
     1  final determination, including appeals, to approve or deny such applica-
     2  tion. This subdivision shall not grant any rights of continued occupancy
     3  other than those otherwise granted by law. Any agreement that waives  or

     4  limits  the benefits of this subdivision shall be deemed void as against
     5  public policy. In addition to any other remedies provided in this  arti-
     6  cle  for  failure to be in compliance, in article eight of this chapter,
     7  or in the regulations promulgated by the loft board, an occupant who has
     8  filed an application with the loft board for coverage under this article
     9  may, no later than thirty-six months after the  loft  board  shall  have
    10  adopted  rules  and  regulations as set forth in subdivision one of this
    11  section, commence an action or proceeding in a court of competent juris-
    12  diction, which notwithstanding any other provision of law shall  include
    13  the  housing  part  of  the  New  York  city civil court, to enforce the

    14  provisions of this subdivision.
    15    § 2. This act shall take effect immediately.