<?xml version="1.0" encoding="UTF-8"?>
<docket><bill year="2009" senateId="S5881" billId="S5881" title="Includes certain buildings, structures or portions thereof occupied for residential purposes for a period of 12 consecutive months as interim multiple dwellings" lawSection="Multiple Dwelling Law" sponsor="SQUADRON" assemblySameAs="A5667A" sameAs="A5667A"><cosponsors><cosponsor>ADAMS</cosponsor><cosponsor>DIAZ</cosponsor><cosponsor>DUANE</cosponsor><cosponsor>HASSELL-THOMPSON</cosponsor><cosponsor>KRUEGER</cosponsor><cosponsor>MONTGOMERY</cosponsor><cosponsor>ONORATO</cosponsor><cosponsor>PERKINS</cosponsor><cosponsor>SAVINO</cosponsor><cosponsor>SCHNEIDERMAN</cosponsor><cosponsor>SERRANO</cosponsor></cosponsors><amendments /><summary>Includes certain buildings, structures or portions thereof occupied for residential purposes for a period of twelve consecutive months during the period commencing January 1, 2008 and ending December 31, 2009 as the residence or home of any three or more families living independently from one another as interim multiple dwellings; extends effectiveness of provisions of the loft law. </summary><committee>RULES</committee><actions><action timestamp="1245024000000">REFERRED TO RULES</action></actions><text>
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                          881

                              2  9 2 1  Regular Sessions

                                   I N  S E N A T E

                                     June 1 , 2  9
                                      ___________

       Introduced  by Sen. SQUADRON    read twice and ordered printed, and when
         printed to be committed to the Committee on Rules

       AN ACT to amend the multiple dwelling law, in relation to interim multi 
         ple dwellings in a city of more than one million persons and to  amend
         chapter  349  of  the laws of 1982, amending the multiple dwelling law
         relating to legalization of interim multiple dwellings in cities  over
         one  million, in relation to extending the effectiveness of such chap 
         ter

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM 
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  Section  281  of  the multiple dwelling law is amended by
    2  adding a new subdivision   to read as follows:
    3     . NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS (I), (III) AND (IV) OF
    4  SUBDIVISION TWO OF THIS SECTION, BUT SUBJECT TO PARAGRAPHS (I) AND  (II)
       OF SUBDIVISION ONE OF THIS SECTION AND PARAGRAPH (II) OF SUBDIVISION TWO
    6  OF  THIS  SECTION,  THE  TERM  "INTERIM MULTIPLE DWELLING" SHALL INCLUDE
    7  BUILDINGS, STRUCTURES OR PORTIONS THEREOF THAT ARE LOCATED IN A CITY  OF
    8  MORE  THAN  ONE  MILLION  PERSONS  WHICH  WERE  OCCUPIED FOR RESIDENTIAL
    9  PURPOSES AS THE RESIDENCE OR HOME OF ANY TWO  OR  MORE  FAMILIES  LIVING
   1   INDEPENDENTLY FROM ONE ANOTHER FOR A PERIOD OF TWELVE CONSECUTIVE MONTHS
   11  DURING  THE  PERIOD  COMMENCING  JANUARY  FIRST, TWO THOUSAND EIGHT, AND
   12  ENDING DECEMBER THIRTY FIRST, TWO THOUSAND NINE.   A  REDUCTION  IN  THE
   13  NUMBER  OF  OCCUPIED  RESIDENTIAL  UNITS IN A BUILDING AFTER MEETING THE
   14  AFOREMENTIONED TWELVE CONSECUTIVE MONTH REQUIREMENT SHALL NOT  ELIMINATE
   1   THE  PROTECTIONS OF THIS SECTION FOR ANY REMAINING RESIDENTIAL OCCUPANTS
   16  QUALIFIED FOR SUCH PROTECTIONS. NON RESIDENTIAL SPACE IN A  BUILDING  AS
   17  OF  THE EFFECTIVE DATE OF THIS SUBDIVISION SHALL BE OFFERED FOR RESIDEN 
   18  TIAL USE ONLY AFTER THE OBTAINING OF A RESIDENTIAL CERTIFICATE OF  OCCU 
   19  PANCY  FOR  SUCH SPACE AND SUCH SPACE SHALL BE EXEMPT FROM THIS ARTICLE,
   2   EVEN IF A PORTION OF SUCH BUILDING MAY BE AN INTERIM MULTIPLE DWELLING.

        EXPLANATION  Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD 8     3 9

       S.  881                             2

    1    S 2. Section 282 of the multiple dwelling law, as added by chapter 349
    2  of the laws of 1982, is amended to read as follows:
    3    S  282.  Establishment  of  special  loft  unit.   In order to resolve
    4  complaints of owners of interim multiple dwellings  and  of  residential
       occupants  of  such buildings qualified for the protection of this arti 
    6  cle, and to act upon hardship applications made pursuant to  this  arti 
    7  cle, a special loft unit referred to herein as the "loft board" shall be
    8  established  which  shall consist of from four to nine members represen 
    9  tative of  the  public,  the  real  estate  industry,  loft  residential
   1   tenants,  and loft manufacturing interests, and a chairperson, all to be
   11  appointed by the mayor of the municipality and to serve such terms as he
   12  may designate.  The compensation of the members of the loft board  shall
   13  be  fixed  by  the  mayor.    The members of the loft board shall not be
   14  considered employees of the state or the municipality, provided,  howev 
   1   er,  that  state  or municipal employees or officers may be named to the
   16  loft board.  The mayor shall establish the loft board within ninety days
   17  of the effective date of [the act  which  added  this  article]  CHAPTER
   18  THREE  HUNDRED  FORTY NINE  OF  THE LAWS OF NINETEEN HUNDRED EIGHTY TWO.
   19  The loft board shall have such office and staff as shall be necessary to
   2   carry out functions conferred  upon  it  and  may  request  and  receive
   21  assistance  from  any state or municipal agency or department.  The loft
   22  board shall have the following duties: (a) the determination of  interim
   23  multiple  dwelling  status and other issues of coverage pursuant to this
   24  article; (b) the resolution of all hardship appeals brought  under  this
   2   article;  (c)  the  determination of any claim for rent adjustment under
   26  this article by an owner or tenant; (d) the  issuance,  after  a  public
   27  hearing,  and the enforcement of rules and regulations governing minimum
   28  housing maintenance standards in interim multiple dwellings (subject  to
   29  the  provisions  of  this  chapter  and  any  local building code), rent
   3   adjustments prior to legalization, compliance with this article and  the
   31  hearing of complaints and applications made to it pursuant to this arti 
   32  cle; and (e) determination of controversies arising over the fair market
   33  value  of a residential tenant's fixtures or reasonable moving expenses.
   34  The violation of any rule or regulation promulgated by  the  loft  board
   3   shall  be punishable by a civil penalty determined by the loft board not
   36  to exceed one thousand dollars which may be  recovered  by  the  munici 
   37  pality by a proceeding in any court of competent jurisdiction.  The loft
   38  board  may  NOT charge [and collect reasonable] fees in the execution of
   39  its responsibilities. The loft board may administer oaths, take  affida 
   4   vits,  hear  testimony,  and  take proof under oath at public or private
   41  hearings.
   42    S 3. Subdivision 1 of section 284 of the  multiple  dwelling  law,  as
   43  amended by section 2 of part BB of chapter 8  of the laws of 2  2, para 
   44  graph (v) as amended by section 2 of part PP 1 of chapter  7 of the laws
   4   of 2  8, is amended to read as follows:
   46    1.  (i)  The  owner  of an interim multiple dwelling (A) shall file an
   47  alteration application within nine months from  the  effective  date  of
   48  [the  act  which added this article] CHAPTER THREE HUNDRED FORTY NINE OF
   49  THE LAWS OF NINETEEN HUNDRED EIGHTY TWO, and (B) shall take all  reason 
       able and necessary action to obtain an approved alteration permit within
    1  twelve months from such effective date, and (C) shall achieve compliance
    2  with  the  standards  of safety and fire protection set forth in article
    3  seven B of this chapter for the residential  portions  of  the  building
    4  within eighteen months from obtaining such alteration permit or eighteen
       months  from such effective date, whichever is later, and (D) shall take
    6  all reasonable and necessary action to obtain a certificate of occupancy

       S.  881                             3

    1  as a class A multiple dwelling  for  the  residential  portions  of  the
    2  building or structure within thirty six months from such effective date.
    3  The  loft board may, upon good cause shown, and upon proof of compliance
    4  with  the  standards  of safety and fire protection set forth in article
       seven B of this chapter, twice extend the time of  compliance  with  the
    6  requirement to obtain a residential certificate of occupancy for periods
    7  not to exceed twelve months each.
    8    (ii)  An  owner  of  an interim multiple dwelling who has not complied
    9  with the requirements of paragraph (i) of this subdivision by the effec 
   1   tive date of [the chapter of the laws  of  nineteen  hundred  ninety two
   11  which added this paragraph] CHAPTER TWO HUNDRED TWENTY SEVEN OF THE LAWS
   12  OF  NINETEEN  HUNDRED NINETY TWO shall hereafter be deemed in compliance
   13  with this subdivision provided  that  such  owner  files  an  alteration
   14  application  by  October  first,  nineteen hundred ninety two, takes all
   1   reasonable and necessary action to obtain an approved alteration  permit
   16  by  October  first,  nineteen  hundred ninety three, achieves compliance
   17  with the standards of safety and fire protection set  forth  in  article
   18  seven B  of this chapter for the residential portions of the building by
   19  April first, nineteen hundred ninety five,  or  within  eighteen  months
   2   from  obtaining  an  approved alteration permit, whichever is later, and
   21  takes all reasonable and necessary action to  obtain  a  certificate  of
   22  occupancy as a class A multiple dwelling for the residential portions of
   23  the building or structure by October first, nineteen hundred ninety five
   24  or  within  six months from achieving compliance with the aforementioned
   2   standards for the residential portions of  the  building,  whichever  is
   26  later.
   27    (iii)  An  owner  of an interim multiple dwelling who has not complied
   28  with the requirements of paragraph (i) or (ii) of  this  subdivision  by
   29  the effective date of [the chapter of the laws of nineteen hundred nine 
   3   ty six  which  added  this  paragraph] CHAPTER THREE HUNDRED NINE OF THE
   31  LAWS OF NINETEEN HUNDRED NINETY SIX shall hereafter be deemed in compli 
   32  ance with this subdivision provided that such owner files an  alteration
   33  application  by  October  first,  nineteen hundred ninety six, takes all
   34  reasonable and necessary action to obtain an approved alteration  permit
   3   by  October  first,  nineteen  hundred ninety seven, achieves compliance
   36  with the standards of safety and fire protection set  forth  in  article
   37  seven B  of this chapter for the residential portions of the building by
   38  April first, nineteen hundred ninety nine or within eighteen months from
   39  obtaining an approved alteration permit whichever is  later,  and  takes
   4   all reasonable and necessary action to obtain a certificate of occupancy
   41  as  a  class  A  multiple  dwelling  for the residential portions of the
   42  building or structure by June thirtieth, nineteen hundred ninety nine or
   43  within three months from achieving compliance  with  the  aforementioned
   44  standards  for  the  residential  portions of the building, whichever is
   4   later.
   46    (iv) An owner of an interim multiple dwelling  who  has  not  complied
   47  with  the  requirements of paragraph (i), (ii) or (iii) of this subdivi 
   48  sion by the effective date of this paragraph as provided in chapter four
   49  hundred fourteen of the laws of nineteen hundred ninety nine which added
       this paragraph shall hereafter be deemed in compliance with this  subdi 
    1  vision  provided  that  such  owner  files  an alteration application by
    2  September first, nineteen hundred ninety nine, takes all reasonable  and
    3  necessary action to obtain an approved alteration permit by March first,
    4  two  thousand, achieves compliance with the standards of safety and fire
       protection set forth in article seven B of this chapter for the residen 
    6  tial portions of the building by May first, two thousand two  or  within

       S.  881                             4

    1  twelve  months from obtaining an approved alteration permit whichever is
    2  later, and takes all reasonable and necessary action to obtain a certif 
    3  icate of occupancy as a class A multiple dwelling  for  the  residential
    4  portions  of the building or structure by May thirty first, two thousand
       two or within one month from achieving  compliance  with  the  aforemen 
    6  tioned standards for the residential portions of the building, whichever
    7  is later.
    8    (v) An owner of an interim multiple dwelling who has not complied with
    9  the  requirements of paragraph (i), (ii), (iii) or (iv) of this subdivi 
   1   sion by the effective date of this  paragraph  as  provided  in  chapter
   11  eighty five of the laws of two thousand two shall hereafter be deemed in
   12  compliance  with  this  subdivision  provided  that  such owner filed an
   13  alteration application by September first, nineteen hundred ninety nine,
   14  took all reasonable and necessary action to obtain  an  approved  alter 
   1   ation  permit by March first, two thousand, achieves compliance with the
   16  standards of safety and fire protection set forth in article seven B  of
   17  this  chapter for the residential portions of the building by May first,
   18  two thousand ten or within twelve  months  from  obtaining  an  approved
   19  alteration  permit  whichever  is  later,  and  takes all reasonable and
   2   necessary action to obtain a certificate  of  occupancy  as  a  class  A
   21  multiple dwelling for the residential portions of the building or struc 
   22  ture  by  May  thirty first,  two  thousand ten or within one month from
   23  achieving compliance with the aforementioned standards for the  residen 
   24  tial portions of the building, whichever is later.
   2     (vi)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPHS (I) THROUGH (V) OF
   26  THIS SUBDIVISION THE OWNER OF AN INTERIM MULTIPLE DWELLING MADE  SUBJECT
   27  TO THIS ARTICLE BY SUBDIVISION FIVE OF SECTION TWO HUNDRED EIGHTY ONE OF
   28  THIS ARTICLE (A) SHALL FILE AN ALTERATION APPLICATION WITHIN NINE MONTHS
   29  FROM  THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND NINE
   3   WHICH AMENDED THIS SUBPARAGRAPH, AND (B) SHALL TAKE ALL  REASONABLE  AND
   31  NECESSARY  ACTION  TO OBTAIN AN APPROVED ALTERATION PERMIT WITHIN TWELVE
   32  MONTHS FROM SUCH EFFECTIVE DATE, AND (C) SHALL ACHIEVE  COMPLIANCE  WITH
   33  THE STANDARDS OF SAFETY AND FIRE PROTECTION SET FORTH IN ARTICLE SEVEN B
   34  OF  THIS  CHAPTER  FOR  THE  RESIDENTIAL PORTIONS OF THE BUILDING WITHIN
   3   EIGHTEEN MONTHS FROM OBTAINING SUCH ALTERATION PERMIT OR EIGHTEEN MONTHS
   36  FROM SUCH EFFECTIVE DATE, WHICHEVER IS LATER, AND  (D)  SHALL  TAKE  ALL
   37  REASONABLE  AND NECESSARY ACTION TO OBTAIN A CERTIFICATE OF OCCUPANCY AS
   38  A CLASS A MULTIPLE DWELLING FOR THE RESIDENTIAL PORTIONS OF THE BUILDING
   39  OR STRUCTURE WITHIN THIRTY SIX MONTHS FROM SUCH EFFECTIVE DATE. THE LOFT
   4   BOARD MAY, UPON GOOD CAUSE SHOWN, AND UPON PROOF OF COMPLIANCE WITH  THE
   41  STANDARDS  OF SAFETY AND FIRE PROTECTION SET FORTH IN ARTICLE SEVEN B OF
   42  THIS CHAPTER, TWICE EXTEND THE TIME OF COMPLIANCE WITH  THE  REQUIREMENT
   43  TO  OBTAIN  A  RESIDENTIAL  CERTIFICATE  OF OCCUPANCY FOR PERIODS NOT TO
   44  EXCEED TWELVE MONTHS EACH.
   4     (VII) An owner who is unable to satisfy any requirement  specified  in
   46  paragraph  (ii),  (iii), (iv) [or], (v), OR (VI) of this subdivision for
   47  reasons beyond  his/her  control,  including,  but  not  limited  to,  a
   48  requirement  to obtain a certificate of appropriateness for modification
   49  of a landmarked building, a need to obtain a variance from  a  board  of
       standards  and appeals, or the denial of reasonable access to a residen 
    1  tial unit as required by paragraph [(x)] (XI) of this  subdivision,  may
    2  apply to the loft board for an extension of time to meet the requirement
    3  specified  in  paragraph  (ii),  (iii),  (iv) [or], (v), OR (VI) of this
    4  subdivision. The loft board may grant an extension of  time  to  meet  a
       requirement  specified in paragraph (ii), (iii), (iv) [or], (v), OR (VI)

       S.  881                              

    1  of this subdivision provided that the owner demonstrates that he/she has
    2  made good faith efforts to satisfy the requirements.
    3    [(vii)]  (VIII)  If there is a finding by the loft board that an owner
    4  has failed to satisfy any requirement specified  in  [paragraphs]  PARA 
       GRAPH  (i),  (ii),  (iii), (iv) [and], (v), OR (VI) of this subdivision,
    6  such owner shall be subject to all penalties set forth in article  eight
    7  of this chapter.
    8    [(viii)]  (IX)  In addition to the penalties provided in article eight
    9  of this chapter, if there is a finding by the loft board that  an  owner
   1   has  failed  to  satisfy any requirement specified in [paragraphs] PARA 
   11  GRAPH (i), (ii), (iii), (iv) [and], (v), OR (VI) of this subdivision,  a
   12  court  may  order specific performance to enforce the provisions of this
   13  article upon the application of three occupants of separate  residential
   14  units,  qualified for the protection of this article, or upon the appli 
   1   cation of the municipality.
   16    [(ix)] (X) If, as a consequence of  an  owner's  unlawful  failure  to
   17  comply  with  the provisions of [paragraphs] PARAGRAPH (i), (ii), (iii),
   18  (iv) [and], (v), OR (VI) of this subdivision, any  residential  occupant
   19  qualified  for protection pursuant to this article is required to vacate
   2   his or her unit as a result of a municipal vacate order,  such  occupant
   21  may  recover  from  the  owner the fair market value of any improvements
   22  made by such tenant and reasonable moving costs. Any vacate order issued
   23  as to such unit by a local government shall be deemed an  order  to  the
   24  owner to correct the non compliant conditions, subject to the provisions
   2   of  this article.  Furthermore, when such correction has been made, such
   26  occupant shall have the right to re occupy his or her unit and shall  be
   27  entitled to all applicable tenant protections of this article.
   28    [(x)]  (XI) The occupants of a building shall, upon appropriate notice
   29  regarding the timing and scope of the work required,  afford  the  owner
   3   reasonable  access to their units so that the work necessary for compli 
   31  ance with this  article  can  be  carried  out.  Access  shall  also  be
   32  afforded,  upon  reasonable  prior notice, for the purpose of inspecting
   33  and surveying units as may be required to comply with the provisions  of
   34  this article and article seven B of this chapter. Failure to comply with
   3   an  order  of  the  loft  board  regarding  access  shall be grounds for
   36  eviction of a tenant.
   37    S 4.  Subdivision 2 of section 28  of the multiple  dwelling  law,  as
   38  amended  by  chapter  466  of  the  laws  of 1987, is amended to read as
   39  follows:
   4     2. Notwithstanding any other provision of this article, an  owner  may
   41  apply  to  the loft board for exemption of a building or portion thereof
   42  from this article on the basis that  compliance  with  this  article  in
   43  obtaining  a  legal  residential certificate of occupancy would cause an
   44  unjustifiable hardship either because: (i) it would cause  an  unreason 
   4   ably  adverse  impact  on a non residential conforming use tenant within
   46  the building or[,] (ii) the cost of compliance renders legal residential
   47  conversion infeasible. Residential and other tenants shall be given  not
   48  less  than  sixty  days  notice  in advance of the hearing date for such
   49  application. If the loft board approves such application,  the  building
       or  portion  thereof  shall  be  exempt  from  this  article, and may be
    1  converted to non residential conforming uses,  provided,  however,  that
    2  the  owner  shall, as a condition of approval of such application, agree
    3  to file an irrevocable recorded covenant in  form  satisfactory  to  the
    4  loft  board  enforceable for fifteen years by the municipality, that the
       building will not be re converted to residential uses during such  time.
    6  The  standard  for  granting such hardship application for a building or

       S.  881                             6

    1  portion thereof shall be as follows: (a) the loft board shall only grant
    2  the minimum relief necessary to relieve any alleged  hardship  with  the
    3  understanding if compliance is reasonably possible it should be achieved
    4  even if it requires alteration of units, relocation of tenants to vacant
       space  within the building, re design of space or application for a non 
    6  use related variance, special permit, minor modification or  administra 
    7  tive  certification; (b) self created hardship shall not be allowed; (c)
    8  the test for cost infeasibility shall be that of a reasonable return  on
    9  the  owner's  investment  not maximum return on investment; (d) the test
   1   for unreasonably adverse impact  on  a  non residential  conforming  use
   11  tenant   shall  be  whether  residential  conversion  would  necessitate
   12  displacement. Such hardship applications shall be submitted to the  loft
   13  board  within nine months of the establishment of the loft board (or, in
   14  the case of interim multiple dwellings referred to in  subdivision  four
   1   of section two hundred eighty one of this [chapter] ARTICLE, within nine
   16  months  of  the effective date of [that] SUCH subdivision FOUR OR IN THE
   17  CASE OF INTERIM MULTIPLE DWELLINGS  MADE  SUBJECT  TO  THIS  ARTICLE  BY
   18  SUBDIVISION  FIVE  OF  SECTION  TWO  HUNDRED EIGHTY ONE OF THIS ARTICLE,
   19  WITHIN NINE MONTHS OF THE EFFECTIVE DATE OF SUCH SUBDIVISION FIVE),  but
   2   shall  not  be considered, absent a waiver by the loft board, unless the
   21  owner has also filed an alteration application. In determination of  any
   22  such hardship application, the loft board may demand such information as
   23  it deems necessary. In approving any such hardship application, the loft
   24  board  may fix reasonable terms and conditions for the vacating of resi 
   2   dential occupancy.
   26    S  . Subparagraphs (A) and (B) of paragraph (ii) and  paragraph  (iii)
   27  of  subdivision  2 of section 286 of the multiple dwelling law, subpara 
   28  graphs (A) and (B) of paragraph (ii) as amended by section 3 of part  BB
   29  of  chapter  8   of  the  laws of 2  2 and paragraph (iii) as amended by
   3   chapter 414 of the laws of 1999, are amended to read as follows:
   31    (A) Upon the owners' filing of an alteration application, as  required
   32  by  paragraph (ii), (iii), (iv) [or], (v), OR (VI) of subdivision one of
   33  section two hundred eighty four of this article, an adjustment equal  to
   34  six percent of the rent in effect at the time the owner files the alter 
   3   ation application.
   36    (B)  Upon  obtaining  an  alteration  permit, as required by paragraph
   37  (ii), (iii), (iv) [or], (v), OR (VI) of subdivision one of  section  two
   38  hundred  eighty four  of  this  article,  an  adjustment  equal to eight
   39  percent of the rent in effect at the time the owner obtains  the  alter 
   4   ation permit.
   41    (iii) Any rent adjustments pursuant to paragraph (ii) of this subdivi 
   42  sion  shall  not  apply to units which were rented at market value after
   43  June twenty first, nineteen hundred eighty two and prior to  June  twen 
   44  ty first,  nineteen  hundred ninety two.  THIS PARAGRAPH SHALL NOT APPLY
   4   TO UNITS MADE SUBJECT TO THIS ARTICLE BY SUBDIVISION FIVE OF SECTION TWO
   46  HUNDRED EIGHTY ONE OF THIS ARTICLE.
   47    S 6. Subdivision 3 of section 286 of the  multiple  dwelling  law,  as
   48  added by chapter 349 of the laws of 1982, is amended to read as follows:
   49    3. Upon or after compliance with the safety and fire protection stand 
       ards  of article seven B of this chapter, an owner may apply to the loft
    1  board for an adjustment of rent based upon the cost of such  compliance.
    2  Upon approval by the loft board of such compliance, the loft board shall
    3  set  the  initial  legal  regulated  rent, and each residential occupant
    4  qualified for protection pursuant to this article  shall  be  offered  a
       residential  lease  subject  to  the  provisions regarding evictions and
    6  regulation of rent set forth in the emergency tenant protection  act  of

       S.  881                             7

    1  nineteen seventy four, except to the extent the provisions of this arti 
    2  cle  are  inconsistent  with such act. [At such time, the owners of such
    3  buildings shall join a real estate industry stabilization association in
    4  accordance with such act.]
         S 7. Section 3 of chapter 349 of the laws of 1982, amending the multi 
    6  ple  dwelling law relating to legalization of interim multiple dwellings
    7  in cities over one million, as amended by section  1  of  part  PP 1  of
    8  chapter  7 of the laws of 2  8, is amended to read as follows:
    9    S  3. Effective date and termination. This act shall take effect imme 
   1   diately. The provisions of this act  and  all  regulations,  orders  and
   11  requirements thereunder shall terminate at the close of the calendar day
   12  May 31, [2 1 ] 2 14.
   13    S  8. This act shall take effect immediately; provided that the amend 
   14  ments to sections 281, 282, 284, 28  and  286  of  article  7 C  of  the
   1   multiple dwelling law made by sections one through six of this act shall
   16  not affect the repeal of such article and shall be deemed repealed ther 
   17  ewith,  pursuant  to  section  3  of chapter 349 of the laws of 1982, as
   18  amended.
</text><memo> BILL NUMBER:  S 881

 TITLE OF BILL :
An act to amend the multiple dwelling law, in relation to interim
multiple dwellings in a city of more than one million persons and to
amend chapter 349 of the laws of 1982, amending the multiple dwelling
law relating to legalization of interim multiple dwellings in cities
over one million, in relation to extending the effectiveness of such
chapter


 PURPOSE OR GENERAL IDEA OF BILL :
The purpose of this bill is to extend provisions of the Loft Law to
buildings which have been occupied residentially for 12 consecutive
months during the period starting January 1, 2  8 and ending December
31, 2  9.

 SUMMARY OF SPECIFIC PROVISIONS :
This bill would:

* amend the definition of "interim multiple dwelling" to include
buildings occupied for residential purposes for 12 consecutive months
during the period starting January 1, 2  8 and ending December 31,
2  9, and extend existing Loft Law protections to tenants in these
buildings;

* require that non residential space in such buildings be offered for
residential use only after the obtaining of a residential certificate
of occupancy for such space and require that such space be exempt from
this article;

* prohibit the Loft Board from charging fees in the execution of its
responsibilities;

* require owners of such interim multiple dwellings to (a) file an
alteration application within 9 months from the effective date of this
bill, (b) take all reasonable and necessary action to obtain an
approved alteration permit within 12 months, (c) achieve compliance
with the standards of safety and fire protection within 18 months of
obtaining the alteration permit or 18 months from the effective date,
whichever is later, and (d) take reasonable and necessary action to
obtain certificate of occupancy as a class A multiple dwelling for the
residential portions of the building within 36 months;

* authorize the Loft Board, upon good cause shown, to twice extend the
time of compliance with the requirement to obtain a residential
certificate of occupancy for periods not to exceed 12 months each;

* allow owners of such buildings to apply to the Loft Board for an
exemption of a building from this article, if the owner can show it
would cause an unjustifiable hardship, within 9 months of the
effective date of this bill;

* deletes provisions requiring owners of loft buildings to join a real
estate industry stabilization association;

* provides that these interim multiple dwellings become subject to the
emergency tenant protection act of 1974 after they are legalized; and

* extends the Loft Law to May 31, 2 14.

 EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :
This bill would amend Sections 281, 282, 284, 28 , and 286 of the
Multiple Dwelling Law.

 JUSTIFICATION :
During a recent Assembly Housing Committee hearing on loft building
legalization, loft residents who attended overwhelmingly showed their
support for the extension of existing Loft Law provisions to loft
buildings, particularly in Brooklyn, which were occupied after the
date established in the Multiple Dwelling Law. The extension of the
loft law will facilitate constructive relationships between tenants
and loft building owners through the loft board, protect tenant's
rights and any structural improvements they make or have made to their
neighborhoods, as well as provide building owners with a reasonable
timeline to make required building modifications.

 PRIOR LEGISLATIVE HISTORY :
A.2717 A/2  4   Passed Assembly.
A.2717/2  3   Passed Assembly.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
This bill assumes the continued operation of the Loft Board.

 EFFECTIVE DATE :
Immediately.
</memo></bill></docket>

