•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A05841 Summary:

BILL NOA05841A
 
SAME ASNo Same As
 
SPONSORGlick
 
COSPNSRCymbrowitz, Lentol, Nolan, Davila, Rosenthal L, De La Rosa, Epstein
 
MLTSPNSR
 
Amd 281, 282, 282-a, 284 & 286, Mult Dwell L; amd 27, Chap 4 of 2013
 
Amends the definition of interim multiple dwelling units; authorizes claims originating in the loft board to be brought in civil court; amends how rents in interim dwelling units are controlled; subjects cooperative and condominium units to certain rent regulations; makes certain provisions relating to such permanent.
Go to top

A05841 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5841--A
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 20, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  GLICK,  CYMBROWITZ,  LENTOL,  NOLAN, DAVILA,
          L. ROSENTHAL, DE LA ROSA, EPSTEIN -- read once  and  referred  to  the
          Committee  on  Housing  -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
 
        AN ACT to amend the multiple dwelling law, in relation to interim multi-
          ple dwellings; and to amend chapter 4 of the laws of 2013 amending the
          real property tax law and other  laws  relating  to  interim  multiple
          dwellings  in  a  city  with  a  population of one million or more, in
          relation to making certain provisions permanent
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Subdivision 5 of section 281 of the multiple dwelling law,
     2  as amended by chapter 4 of the laws of  2013,  is  amended  to  read  as
     3  follows:
     4    5.  (a)  Notwithstanding  the  provisions of paragraphs (i), (iii) and
     5  (iv) of subdivision two of this section, but subject to  paragraphs  (i)
     6  and (ii) of subdivision one of this section and paragraph (ii) of subdi-
     7  vision  two  of this section, the term "interim multiple dwelling" shall
     8  include buildings, structures or portions thereof that are located in  a
     9  city  of  more than one million persons which were occupied for residen-
    10  tial purposes as the residence or home of any  three  or  more  families
    11  living independently from one another for a period of twelve consecutive
    12  months  during  the period commencing January first, two thousand eight,
    13  and ending December thirty-first, two thousand nine, provided  that  the
    14  unit seeking coverage:  is not located in a [basement or] cellar and has
    15  at  least  one  entrance  that  does not require passage through another
    16  residential unit to obtain access to the unit, [has at least one  window
    17  opening onto a street or a lawful yard or court as defined in the zoning
    18  resolution  for  such municipality,] and is at least four hundred square
    19  feet in area.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05541-11-9

        A. 5841--A                          2
 
     1    (b) The term "interim multiple dwelling" as used in  this  subdivision
     2  shall not include (i) any building in an industrial business zone estab-
     3  lished  pursuant to chapter six-D of title twenty-two of the administra-
     4  tive code of the city  of  New  York  except  that  a  building  in  the
     5  Williamsburg/Greenpoint  or  North  Brooklyn  industrial  business zones
     6  (other than a building within such North Brooklyn business zone that  is
     7  in  a  district  zoned  M3,  as such district is described in the zoning
     8  resolution of such municipality in effect at the  time  the  application
     9  for  registration  as  an  interim  multiple dwelling or for coverage of
    10  residential units under this article is filed) and a building located in
    11  that portion of the Long Island city industrial business zone  that  has
    12  frontage  on  either side of forty-seventh avenue or is located north of
    13  forty-seventh avenue and south of Skillman avenue or in that portion  of
    14  the  Long  Island city industrial business zone that is located north of
    15  forty-fourth drive, south of Queens plaza north,  and  west  of  twenty-
    16  third street may be included in the term "interim multiple dwelling," or
    17  (ii)  units  in  any  building,  other  than  a building that is already
    18  defined as an "interim multiple dwelling" pursuant to  subdivision  one,
    19  two,  three  or four of this section, that, at the time this subdivision
    20  shall take effect and continuing [at] until the time of  the  submission
    21  of  an  application  for  coverage  by any party, also contains a use in
    22  legal operation, actively and currently pursued, which use is set  forth
    23  in  use  [groups  fifteen  through]  group eighteen, as described in the
    24  zoning resolution of such municipality in effect on  June  twenty-first,
    25  two  thousand  ten, and which the loft board has determined in rules and
    26  regulation is inherently incompatible with residential use in  the  same
    27  building  by  creating an actual risk of harm which cannot be reasonably
    28  mitigated, provided that the loft board may by rule exempt categories of
    29  units or buildings from such use incompatibility determinations  includ-
    30  ing  but not limited to residentially occupied units or subcategories of
    31  such units, and provided, further that if a building  does  not  contain
    32  such  active  uses  at the time this subdivision takes effect, no subse-
    33  quent use by the owner of the building shall eliminate  the  protections
    34  of  this  section  for any residential occupants in the building already
    35  qualified for such protections. A party opposing  coverage  pursuant  to
    36  this  subdivision  shall  bear  the  burden  of proving the exception to
    37  coverage set forth in subparagraph (ii) of this paragraph.
    38    (c) The term "interim multiple dwelling," as used in this  subdivision
    39  shall  also  include  buildings, structures or portions thereof that are
    40  located north of West 24th Street and south of West 27th Street and west
    41  of tenth avenue and east of eleventh avenue in a city of more  than  one
    42  million  persons  which  were  occupied  for residential purposes as the
    43  residence or home of any two or more families living independently  from
    44  one  another for a period of twelve consecutive months during the period
    45  commencing January first, two thousand eight, and ending December  thir-
    46  ty-first,  two thousand nine and subject to all the conditions and limi-
    47  tations of this subdivision other than the number of units in the build-
    48  ing. A reduction in the  number  of  occupied  residential  units  in  a
    49  building  after  meeting  the  aforementioned  twelve  consecutive month
    50  requirement shall not eliminate the protections of this section for  any
    51  remaining residential occupants qualified for such protections.  Non-re-
    52  sidential  space in a building as of the effective date of this subdivi-
    53  sion shall be offered for residential use only after the obtaining of  a
    54  residential certificate of occupancy for such space and such space shall
    55  be  exempt  from this article, even if a portion of such building may be
    56  an interim multiple dwelling.

        A. 5841--A                          3
 
     1    § 2. Section 281 of the multiple dwelling law is amended by  adding  a
     2  new subdivision 6 to read as follows:
     3    6.  (a)  Notwithstanding  the  provisions of paragraphs (i), (iii) and
     4  (iv) of subdivision two of this section, but subject to  paragraphs  (i)
     5  and (ii) of subdivision one of this section and paragraph (ii) of subdi-
     6  vision  two  of this section, the term "interim multiple dwelling" shall
     7  include buildings, structures or portions thereof that are located in  a
     8  city  of  more than one million persons which were occupied for residen-
     9  tial purposes as the residence or home of any  three  or  more  families
    10  living independently from one another for a period of twelve consecutive
    11  months during the period commencing January first, two thousand fifteen,
    12  and  ending  December  thirty-first, two thousand sixteen, provided that
    13  the unit seeking coverage: is not located in a cellar and has  at  least
    14  one  entrance  that does not require passage through another residential
    15  unit to obtain access to the unit, and is at least four  hundred  square
    16  feet in area.
    17    (b)  The  term "interim multiple dwelling" as used in this subdivision
    18  shall not include (i) any building in an industrial business zone estab-
    19  lished pursuant to chapter six-D of title twenty-two of the  administra-
    20  tive  code  of  the  city  of  New  York  except  that a building in the
    21  Williamsburg/Greenpoint or  North  Brooklyn  industrial  business  zones
    22  other  than  a  building  within such North Brooklyn industrial business
    23  zone that is in a district zoned M3, as such district  is  described  in
    24  the  zoning  resolution  of  such municipality in effect at the time the
    25  application for registration as an  interim  multiple  dwelling  or  for
    26  coverage  of residential units under this article is filed) and a build-
    27  ing located in that portion of the Long Island city industrial  business
    28  zone  that  has  frontage  on  either side of forty-seventh avenue or is
    29  located north of forty-seventh avenue and south of Skillman avenue or in
    30  that portion of the Long Island city industrial business  zone  that  is
    31  located  north  of  forty-fourth drive, south of Queens plaza north, and
    32  west of twenty-third street may be included in the term "interim  multi-
    33  ple dwelling", or (ii) units in any building, other than a building that
    34  is  already defined as an "interim multiple dwelling" pursuant to subdi-
    35  vision one, two, three, four or five of this section, that, at the  time
    36  this  subdivision shall take effect and continuing until the time of the
    37  submission of an application for coverage by any party, also contains  a
    38  use in legal operation, actively and currently pursued, which use is set
    39  forth  in  use  group eighteen, as described in the zoning resolution of
    40  such municipality in effect on June twenty-first, two thousand ten,  and
    41  which the loft board has determined in rules and regulation is inherent-
    42  ly incompatible with residential use in the same building by creating an
    43  actual  risk of harm which cannot be reasonably mitigated, provided that
    44  the loft board may by rule exempt categories of units or buildings  from
    45  such  use  incompatibility  determinations  including but not limited to
    46  residentially  occupied  units  or  subcategories  of  such  units,  and
    47  provided,  further  that if a building does not contain such active uses
    48  at the time this subdivision takes effect,  no  subsequent  use  by  the
    49  owner  of  the  building shall eliminate the protections of this section
    50  for any residential occupants in the building already qualified for such
    51  protections.  A party opposing coverage  pursuant  to  this  subdivision
    52  shall  bear the burden of proving the exception to coverage set forth in
    53  subparagraph (ii) of this paragraph.
    54    (c) The term "interim multiple dwelling", as used in this  subdivision
    55  shall  also  include  buildings, structures or portions thereof that are
    56  located north of West 24th Street and south of West 27th Street and west

        A. 5841--A                          4
 
     1  of tenth avenue and east of eleventh avenue in a city of more  than  one
     2  million  persons  which  were  occupied  for residential purposes as the
     3  residence or home of any two or more families living independently  from
     4  one  another for a period of twelve consecutive months during the period
     5  commencing January first, two  thousand  fifteen,  and  ending  December
     6  thirty-first, two thousand sixteen and subject to all the conditions and
     7  limitations  of  this  subdivision other than the number of units in the
     8  building. A reduction in the number of occupied residential units  in  a
     9  building  after  meeting  the  aforementioned  twelve  consecutive month
    10  requirement shall not eliminate the protections of this section for  any
    11  remaining  residential occupants qualified for such protections. Non-re-
    12  sidential space in a building as of the effective date of this  subdivi-
    13  sion  shall be offered for residential use only after the obtaining of a
    14  residential certificate of occupancy for such space and such space shall
    15  be exempt from this article, even if a portion of such building  may  be
    16  an interim multiple dwelling.
    17    §  3.  Section 282 of the multiple dwelling law, as amended by chapter
    18  147 of the laws of 2010, is amended to read as follows:
    19    § 282. Establishment of special loft unit.  1.  In  order  to  resolve
    20  complaints  of  owners  of interim multiple dwellings and of residential
    21  occupants of such buildings qualified for the protection of  this  arti-
    22  cle,  and  to act upon hardship applications made pursuant to this arti-
    23  cle, a special loft unit referred to herein as the "loft board" shall be
    24  established which shall consist of from four to nine  members  represen-
    25  tative  of  the  public,  the  real  estate  industry,  loft residential
    26  tenants, and loft manufacturing interests, and a chairperson, all to  be
    27  appointed by the mayor of the municipality and to serve such terms as he
    28  may  designate.  The compensation of the members of the loft board shall
    29  be fixed by the mayor. The members  of  the  loft  board  shall  not  be
    30  considered  employees of the state or the municipality, provided, howev-
    31  er, that state or municipal employees or officers may be  named  to  the
    32  loft  board. The mayor shall establish the loft board within ninety days
    33  of the effective date of chapter three hundred forty-nine of the laws of
    34  nineteen hundred eighty-two. The loft board shall have such  office  and
    35  staff as shall be necessary to carry out functions conferred upon it and
    36  may request and receive assistance from any state or municipal agency or
    37  department.  The  loft  board shall have the following duties: [(a)] (i)
    38  the determination of interim multiple dwelling status and  other  issues
    39  of  coverage  pursuant to this article; [(b)] (ii) the resolution of all
    40  hardship appeals brought under this article; [(c)]  (iii)  the  determi-
    41  nation  of  any claim for rent adjustment under this article by an owner
    42  or tenant; [(d)] (iv) the issuance, after  a  public  hearing,  and  the
    43  enforcement  of  rules and regulations governing minimum housing mainte-
    44  nance standards in interim multiple dwellings (subject to the provisions
    45  of this chapter and any local building code), rent adjustments prior  to
    46  legalization, compliance with this article and the hearing of complaints
    47  and  applications  made  to  it  pursuant to this article; and [(e)] (v)
    48  determination of controversies arising over the fair market value  of  a
    49  residential tenant's fixtures or reasonable moving expenses.
    50    2.  The  violation  of  any rule or regulation promulgated by the loft
    51  board shall be punishable by a civil  penalty  determined  by  the  loft
    52  board  not to exceed [seventeen thousand five hundred] twenty-five thou-
    53  sand dollars which may be recovered by the municipality by a  proceeding
    54  in  any  court  of competent jurisdiction.   The corporation counsel may
    55  bring and maintain a civil proceeding in the name of  the  city  in  the
    56  supreme  court of the county in which the building, erection or place is

        A. 5841--A                          5
 
     1  located to enjoin violations of this article. The loft board may  desig-
     2  nate  provisions  of  such  rules  and  regulations  for  enforcement in
     3  proceedings before the environmental control board of such municipality.
     4  Notices  of violation returnable to such environmental control board may
     5  be issued by officers and employees of the department  of  buildings  of
     6  such municipality and served in the same manner as violations returnable
     7  to  such  board within the jurisdiction of such department. The environ-
     8  mental control board, when acting as the designee  of  the  loft  board,
     9  shall  have  the  power to impose civil penalties, not to exceed [seven-
    10  teen] twenty-five thousand [five hundred] dollars  for  each  violation,
    11  and  to issue judgments, which may be docketed and enforced as set forth
    12  in section one thousand forty-nine-a of the New York city charter.
    13    3. The loft board may  charge  and  collect  reasonable  fees  in  the
    14  execution  of its responsibilities. The loft board may administer oaths,
    15  take affidavits, hear testimony, and take proof under oath at public  or
    16  private hearings.
    17    § 4. Section 282-a of the multiple dwelling law, as amended by section
    18  22  of  part  A of chapter 20 of the laws of 2015, is amended to read as
    19  follows:
    20    § 282-a. Applications for coverage of interim multiple  dwellings  and
    21  residential  units.  [1. All applications for registration as an interim
    22  multiple dwelling or for coverage of residential units under this  arti-
    23  cle  shall be filed with the loft board within six months after the date
    24  the loft board shall have adopted all rules or regulations necessary  in
    25  order  to implement the provisions of chapter one hundred forty-seven of
    26  the laws of two thousand ten, provided, however, that  applications  for
    27  registration as an interim multiple dwelling or for coverage of residen-
    28  tial  units  under  this article may also be filed for a two-year period
    29  starting from the effective date of the chapter of the laws of two thou-
    30  sand fifteen which amended this section. The loft board may subsequently
    31  amend such rules and regulations but such amendments  shall  not  recom-
    32  mence the time period in which applications may be filed.
    33    2.]  Where any occupant has filed an application for coverage pursuant
    34  to this article and has received a docket number from the loft board, it
    35  shall be unlawful for an owner to cause or intend to cause such occupant
    36  to vacate, surrender or waive any rights in relation to such  occupancy,
    37  due  to repeated interruptions or discontinuances of essential services,
    38  or an interruption or discontinuance of  an  essential  service  for  an
    39  extended  duration  or  of  such significance as to substantially impair
    40  habitability of such unit, at any time before the loft board has made  a
    41  final determination, including appeals, to approve or deny such applica-
    42  tion.  This  section  shall  not grant any rights of continued occupancy
    43  other than those otherwise granted by law. Any agreement that waives  or
    44  limits  the  benefits  of  this  section shall be deemed void as against
    45  public policy. In addition to any other remedies provided in this  arti-
    46  cle  for  failure to be in compliance, in article eight of this chapter,
    47  or in the regulations promulgated by the loft board, an occupant who has
    48  filed an application with the loft board for coverage under this article
    49  may commence an action or proceeding in a court of  competent  jurisdic-
    50  tion, which notwithstanding any other provision of law shall include the
    51  housing part of the New York city civil court, to enforce the provisions
    52  of this section.
    53    §  5.  Paragraph  (vi) of subdivision 1 of section 284 of the multiple
    54  dwelling law, as amended by section 22-a of part A of chapter 20 of  the
    55  laws of 2015, is amended to read as follows:

        A. 5841--A                          6

     1    (vi)  Notwithstanding  the provisions of paragraphs (i) through (v) of
     2  this subdivision the owner of an interim multiple dwelling made  subject
     3  to this article by subdivision five of section two hundred eighty-one of
     4  this article (A) shall file an alteration application on or before March
     5  twenty-first,  two thousand eleven, or, for units that became subject to
     6  this article pursuant to chapter four of the laws of two thousand  thir-
     7  teen  on  or  before June eleventh, two thousand fourteen, or, for units
     8  that became subject to this article pursuant to the chapter of the  laws
     9  of  two thousand nineteen that amended this paragraph within nine months
    10  from such effective date, or for units in an interim  multiple  dwelling
    11  that  were  listed  on an application for coverage or registration filed
    12  with the loft board pursuant to this article  or  in  a  court  pleading
    13  after  March  eleventh,  two  thousand  fourteen,  within nine months of
    14  either the date of the initial application for coverage or the  date  of
    15  the  loft board's issuance of an interim multiple dwelling number or the
    16  date of the service of the pleading, whichever is earlier, and (B) shall
    17  take all reasonable and necessary action to obtain  an  approved  alter-
    18  ation  permit  on  or before June twenty-first, two thousand eleven, or,
    19  for units that became subject to this article pursuant to  chapter  four
    20  of  the  laws  of two thousand thirteen on or before September eleventh,
    21  two thousand fourteen, or, for units that became subject to this article
    22  pursuant to the chapter of  the  laws  of  two  thousand  nineteen  that
    23  amended this paragraph within twelve months from such effective date, or
    24  for  units in an interim multiple dwelling that were listed on an appli-
    25  cation for coverage or registration filed with the loft  board  pursuant
    26  to  this  article or in a court pleading after March eleventh, two thou-
    27  sand fourteen, within twelve months of either the date  of  the  initial
    28  application  for coverage or the date of the loft board's issuance of an
    29  interim multiple dwelling number or the  date  of  the  service  of  the
    30  pleading,  whichever  is  earlier, and (C) shall achieve compliance with
    31  the standards of safety and fire protection set forth in article seven-B
    32  of this chapter for the residential  portions  of  the  building  within
    33  eighteen  months  from  obtaining  such alteration permit, and (D) shall
    34  take all reasonable and necessary action  to  obtain  a  certificate  of
    35  occupancy as a class A multiple dwelling for the residential portions of
    36  the  building or structure on or before December twenty-first, two thou-
    37  sand twelve, or for units that became subject to this  article  pursuant
    38  to  chapter four of the laws of two thousand thirteen on or before March
    39  eleventh, two thousand sixteen, or, for units  that  became  subject  to
    40  this  article  pursuant to the chapter of the laws of two thousand nine-
    41  teen that amended this paragraph  within  thirty-six  months  from  such
    42  effective  date,  or for units in an interim multiple dwelling that were
    43  listed on an application for coverage or  registration  filed  with  the
    44  loft  board  pursuant to this article or in a court pleading after March
    45  eleventh, two thousand sixteen, within thirty months of either the  date
    46  of  the initial application for coverage or the date of the loft board's
    47  issuance of an interim multiple dwelling  number  or  the  date  of  the
    48  service  of the pleading, whichever is earlier. The loft board may, upon
    49  good cause shown, and upon proof of compliance  with  the  standards  of
    50  safety and fire protection set forth in article seven-B of this chapter,
    51  twice  extend  the  time  of compliance with the requirement to obtain a
    52  residential certificate of occupancy for periods not  to  exceed  twelve
    53  months each.
    54    § 6. Paragraphs (vii), (viii), (ix), (x) and (xi) of subdivision 1 and
    55  subdivision  2  of  section 284 of the multiple dwelling law, paragraphs
    56  (vii), (viii), (ix), (x) and (xi) of subdivision 1 as amended by chapter

        A. 5841--A                          7

     1  135 of the laws of 2010 and subdivision 2 as added by chapter 349 of the
     2  laws of 1982, are amended to read as follows:
     3    (vii) Notwithstanding the provisions of paragraphs (i) through (vi) of
     4  this  subdivision the owner of an interim multiple dwelling made subject
     5  to this article by subdivision six of section two hundred eighty-one  of
     6  this article (A) shall file an alteration application within nine months
     7  from the effective date of the chapter of the laws of two thousand nine-
     8  teen  that amended this paragraph, and (B) shall take all reasonable and
     9  necessary action to obtain an approved alteration permit  within  twelve
    10  months  from  such effective date, and (C) shall achieve compliance with
    11  the standards of safety and fire protection set forth in article seven-B
    12  of this chapter for the residential  portions  of  the  building  within
    13  eighteen months from obtaining such alteration permit or eighteen months
    14  from  such  effective  date,  whichever is later, and (D) shall take all
    15  reasonable and necessary action to obtain a certificate of occupancy  as
    16  a class A multiple dwelling for the residential portions of the building
    17  or  structure  within  thirty-six  months from such effective date.  The
    18  loft board may, upon good cause shown, and upon proof of compliance with
    19  the standards of safety and fire protection set forth in article seven-B
    20  of this chapter, twice extend the time of compliance with  the  require-
    21  ment to obtain a residential certificate of occupancy for periods not to
    22  exceed twelve months each.
    23    (viii)  An owner who is unable to satisfy any requirement specified in
    24  paragraph (ii), (iii), (iv), (v), [or] (vi), or (vii) of  this  subdivi-
    25  sion  for reasons beyond his/her control, including, but not limited to,
    26  a requirement to obtain a certificate of appropriateness  for  modifica-
    27  tion  of a landmarked building, a need to obtain a variance from a board
    28  of standards and appeals, or the denial of reasonable access to a  resi-
    29  dential  unit as required by paragraph [(xi)] (xii) of this subdivision,
    30  may apply to the loft board  for  an  extension  of  time  to  meet  the
    31  requirement specified in paragraph (ii), (iii), (iv), (v), [or] (vi), or
    32  (vii) of this subdivision. The loft board may grant an extension of time
    33  to  meet  a  requirement  specified in paragraph (ii), (iii), (iv), (v),
    34  [or] (vi), or (vii) of this subdivision provided that the  owner  demon-
    35  strates  that he/she has made good faith efforts to satisfy the require-
    36  ments.
    37    [(viii)] (ix) If there is a finding by the loft board  that  an  owner
    38  has  failed to satisfy any requirement specified in paragraph (i), (ii),
    39  (iii), (iv), (v), [or] (vi), or (vii) of this  subdivision,  such  owner
    40  shall  be  subject  to  all penalties set forth in article eight of this
    41  chapter.
    42    [(ix)] (x) In addition to the penalties provided in article  eight  of
    43  this  chapter, if there is a finding by the loft board that an owner has
    44  failed to satisfy any requirement  specified  in  paragraph  (i),  (ii),
    45  (iii),  (iv),  (v), [or] (vi), or (vii) of this subdivision, a court may
    46  order specific performance to enforce the  provisions  of  this  article
    47  upon  the  application of three occupants of separate residential units,
    48  qualified for the protection of this article, or upon the application of
    49  the municipality.
    50    [(x)] (xi) If, as a consequence of  an  owner's  unlawful  failure  to
    51  comply  with  the  provisions  of paragraph (i), (ii), (iii), (iv), (v),
    52  [or] (vi), or (vii) of this subdivision, any residential occupant quali-
    53  fied for protection pursuant to this article is required to  vacate  his
    54  or  her  unit as a result of a municipal vacate order, such occupant may
    55  recover from the owner the fair market value of any improvements made by
    56  such tenant and reasonable moving costs. Any vacate order issued  as  to

        A. 5841--A                          8
 
     1  such unit by a local government shall be deemed an order to the owner to
     2  correct  the non-compliant conditions, subject to the provisions of this
     3  article.  Furthermore, when such correction has been made, such occupant
     4  shall  have the right to re-occupy his or her unit and shall be entitled
     5  to all applicable tenant protections of this article.
     6    [(xi)] (xii) The occupants  of  a  building  shall,  upon  appropriate
     7  notice  regarding  the timing and scope of the work required, afford the
     8  owner reasonable access to their units so that the  work  necessary  for
     9  compliance  with  this  article can be carried out. Access shall also be
    10  afforded, upon reasonable prior notice, for the  purpose  of  inspecting
    11  and  surveying units as may be required to comply with the provisions of
    12  this article and article seven-B of this chapter. Failure to comply with
    13  an order of the  loft  board  regarding  access  shall  be  grounds  for
    14  eviction of a tenant.
    15    2.  Every  owner  of  an  interim multiple dwelling, every lessee of a
    16  whole building part of which is an interim multiple dwelling, and  every
    17  agent  or  other person having control of such a dwelling, shall, within
    18  sixty days of the effective date of the act which  added  this  article,
    19  file  with the loft board or any other authority designated by the mayor
    20  a notice in conformity with all  provisions  of  section  three  hundred
    21  twenty-five of this chapter and with rules and regulations to be promul-
    22  gated by the loft board.
    23    §  7.  Subparagraphs (A) and (B) of paragraph (ii) of subdivision 2 of
    24  section 286 of the multiple dwelling law, as amended by chapter 4 of the
    25  laws of 2013, are amended to read as follows:
    26    (A) Upon the owners' filing of an alteration application, as  required
    27  by  [paragraph]  paragraphs (ii), (iii), (iv), (v), [or] (vi), and (vii)
    28  of subdivision one of section two hundred eighty-four of  this  article,
    29  an  adjustment  equal to three percent of the rent in effect at the time
    30  the owner files the alteration application.
    31    (B) Upon obtaining an alteration permit, as  required  by  [paragraph]
    32  paragraphs  (ii),  (iii), (iv), (v), [or] (vi), and (vii) of subdivision
    33  one of section two hundred eighty-four of this  article,  an  adjustment
    34  equal  to  three  percent  of  the  rent in effect at the time the owner
    35  obtains the alteration permit.
    36    § 8. Subdivisions (f), (g) and (h) of section 27 of chapter 4  of  the
    37  laws  of 2013 amending the real property tax law and other laws relating
    38  to interim multiple dwellings in a city with a population of one million
    39  or more, subdivision (h) as amended by section 21 of part A  of  chapter
    40  20 of the laws of 2015, are amended to read as follows:
    41    (f) sections eighteen, nineteen and twenty of this act shall be deemed
    42  to have been in full force and effect on and after June 1, 2011; and
    43    (g) notwithstanding any inconsistent provision of this act, the amend-
    44  ment  to  subdivision 5 of section 281 of the multiple dwelling law made
    45  by section twenty-one of this act in relation to the  authority  of  the
    46  loft  board  to exempt categories or subcategories of units or buildings
    47  by rule from determinations of inherently  incompatible  uses  shall  be
    48  deemed  to  have been in force and effect on and after June 21, 2010 and
    49  to authorize rules of the loft board promulgated after  such  date  that
    50  make such exemptions[; and
    51    (h)  sections  twenty-one,  twenty-two,  twenty-three  and twenty-four
    52  shall expire and be deemed repealed on June 30, 2019].
    53    § 9. With regards to occupied interim multiple dwellings  or  residen-
    54  tial  units  with residential occupants as of the effective date of this
    55  act and meeting the specified dates of  eligibility,  within  the  North
    56  Brooklyn  industrial  business  zones (other than a building within such

        A. 5841--A                          9
 
     1  North Brooklyn industrial business zone that is in a district zoned  M3,
     2  as  such  district is described in the zoning resolution of such munici-
     3  pality in effect at the time the  application  for  registration  as  an
     4  interim  multiple  dwelling  or  for coverage of residential units under
     5  article 7-C of the multiple dwelling law, is filed),  such  applications
     6  for  registration  as  an  interim  multiple dwelling or for coverage of
     7  residential units which were occupied for residential  purposes  as  the
     8  residence  or  home  of  any three or more families living independently
     9  from one another for a period of twelve consecutive months  pursuant  to
    10  subdivision  5 or 6 of section 281 of the multiple dwelling law shall be
    11  filed with the loft board within nine months after  the  date  the  loft
    12  board  shall have adopted all rules or regulations necessary in order to
    13  implement the provisions of this act. The loft  board  may  subsequently
    14  amend  such  rules  and regulations but such amendments shall not recom-
    15  mence the time period in which applications may be filed.
    16    § 10. No provision of this act or article 7-C of the multiple dwelling
    17  law, as amended by this act, or any other law or prior  judgment,  shall
    18  be  construed  to  prevent an application from being filed with the loft
    19  board and considered by such board, or a claim in a court  of  competent
    20  jurisdiction,  for  coverage  or for registration as an interim multiple
    21  dwelling or units within a building, including those  previously  deter-
    22  mined  not  to be covered, where the basis for such application or claim
    23  is that such building or units are subject to such article as  a  result
    24  of the amendments made by this act.
    25    §  11.  This  act  shall  take  effect immediately, and shall apply to
    26  applications pending approval or on appeal on and after such date.
Go to top