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.
- May 8, 2012: held for consideration in housing
- Jan 4, 2012: referred to housing
- Jan 5, 2011: referred to housing
S T A T E O F N E W Y O R K ________________________________________________________________________ 421 2011-2012 Regular Sessions I N ASSEMBLY (PREFILED) January 5, 2011 ___________ 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:
Section 1. The multiple dwelling law is amended by adding a new section 286-a to read as follows:
S 286-A. TENANT PROTECTION; UNLAWFUL INTERIM MULTIPLE DWELLINGS. 1. DEFINITIONS. FOR PURPOSES OF THIS SECTION: (I) THE TERM "BUILDING" INCLUDES A BUILDING, STRUCTURE, OR PORTION THEREOF, OR A UNIT THEREIN; (II) THE TERM "PUBLIC BODY" INCLUDES STATE AND MUNICIPAL AGENCIES, DEPARTMENTS, AND BOARDS, INCLUDING LOCAL PLANNING AGENCIES AND THE LOFT BOARD; AND (III) THE TERM "SPECIFIED GROUNDS" INCLUDES THE GROUND THAT (A) THE BUILDING OR OCCUPANCY DOES NOT SATISFY ONE OR MORE REQUIREMENTS PERTAINING TO INTERIM MULTIPLE DWELLINGS AS SET FORTH IN THIS ARTICLE OR IN ANY OTHER PROVISION OF LAW OR IN REGULATION, (B) THE OWNER HAS FAILED TO SATISFY ONE OR MORE REQUIREMENTS PERTAINING TO INTERIM MULTIPLE DWELLINGS AS SET FORTH IN THIS ARTICLE OR IN ANY OTHER PROVISION OF LAW OR IN REGULATION, (C) A RESIDENTIAL CERTIFICATE OF OCCUPANCY HAS NOT BEEN ISSUED FOR THE BUILDING, OR (D) RESIDENTIAL OCCUPANCY IS NOT PERMITTED BY THE LOCAL ZONING RESOLUTION. 2. RULE. AN OWNER WHO HAS RECOVERED POSSESSION OF A BUILDING OCCUPIED BY A RESIDENTIAL OCCUPANT ON THE BASIS THAT THE OCCUPANCY IS UNLAWFUL ON SPECIFIED GROUNDS SHALL NOT MAKE ANY APPLICATION UNDER ANY PROVISION OF STATE LAW OR LOCAL LAW, CODE, ORDINANCE, RULE OR REGULATION, TO ANY PUBLIC BODY FOR THE PURPOSE OF, OR THAT WOULD HAVE THE EFFECT OF OR AID IN, LEGALIZING OR AUTHORIZING, ANY USE OF THE BUILDING AS AN INTERIM MULTIPLE DWELLING. THE PROHIBITION SET FORTH IN THIS SUBDIVISION SHALL EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03456-01-1 A. 421 2 REMAIN IN EFFECT FOR A PERIOD OF TEN YEARS AFTER THE OWNER'S ACTUAL RECOVERY OF POSSESSION. ANY APPROVAL, AUTHORIZATION, PERMIT, SPECIAL PERMIT, EXCEPTION, EXEMPTION, CERTIFICATION, VARIANCE, ZONING AMENDMENT, OR ANY FORM OF PERMISSION WHATSOEVER THAT MAY BE GRANTED OR ISSUED BY A PUBLIC BODY IN CONNECTION WITH AN APPLICATION MADE IN VIOLATION OF THE PROVISIONS OF THIS SUBDIVISION SHALL BE VOID. S 2. This act shall take effect immediately, and shall apply to build- ing owners who recover possession of a building as defined and described in section 286-a of the multiple dwelling law, as added by section one of this act on or after said date.