Prohibits the interruption of service during review of an application by the loft board.
Ayes (62): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
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: Section 1. Section 282-a of the multiple dwelling law, as added by chapter 147 of the laws of 2010, is amended to read as follows: S 282-a. Limitation on applications for coverage of interim multiple dwellings and residential units. 1. All applications for registration as an interim multiple dwelling or for coverage of residential units under this article shall be filed with the loft board within six months after the date the loft board shall have adopted all rules or regulations necessary in order to implement the provisions of
[the]chapter ONE HUNDRED FORTY-SEVEN of the laws of [2010 which added this section]TWO THOUSAND TEN. The loft board may subsequently amend such rules and regulations but such amendments shall not recommence the time period in which applications may be filed. Notwithstanding any other provision of this article, after such date no further applications for registration or coverage as an interim multiple dwelling or for coverage under this article shall be accepted for owners or occupants of buildings that would otherwise qualify as interim multiple dwellings or for coverage pursuant to this article. 2. WHERE ANY OCCUPANT HAS FILED AN APPLICATION FOR COVERAGE PURSUANT TO THIS ARTICLE AND HAS RECEIVED A DOCKET NUMBER FROM THE LOFT BOARD, IT SHALL BE UNLAWFUL FOR AN OWNER TO CAUSE OR INTEND TO CAUSE SUCH OCCUPANT TO VACATE, SURRENDER OR WAIVE ANY RIGHTS IN RELATION TO SUCH OCCUPANCY, DUE TO REPEATED INTERRUPTIONS OR DISCONTINUANCES OF ESSENTIAL SERVICES, OR AN INTERRUPTION OR DISCONTINUANCE OF AN ESSENTIAL SERVICE FOR AN EXTENDED DURATION OR OF SUCH SIGNIFICANCE AS TO SUBSTANTIALLY IMPAIR HABITABILITY OF SUCH UNIT, AT ANY TIME BEFORE THE LOFT BOARD HAS MADE AEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08755-03-1 A. 5375 2
FINAL DETERMINATION, INCLUDING APPEALS, TO APPROVE OR DENY SUCH APPLICA- TION. THIS SUBDIVISION SHALL NOT GRANT ANY RIGHTS OF CONTINUED OCCUPANCY OTHER THAN THOSE OTHERWISE GRANTED BY LAW. ANY AGREEMENT THAT WAIVES OR LIMITS THE BENEFITS OF THIS SUBDIVISION SHALL BE DEEMED VOID AS AGAINST PUBLIC POLICY. IN ADDITION TO ANY OTHER REMEDIES PROVIDED IN THIS ARTI- CLE FOR FAILURE TO BE IN COMPLIANCE, IN ARTICLE EIGHT OF THIS CHAPTER, OR IN THE REGULATIONS PROMULGATED BY THE LOFT BOARD, AN OCCUPANT WHO HAS FILED AN APPLICATION WITH THE LOFT BOARD FOR COVERAGE UNDER THIS ARTICLE MAY, NO LATER THAN THIRTY-SIX MONTHS AFTER THE LOFT BOARD SHALL HAVE ADOPTED RULES AND REGULATIONS AS SET FORTH IN SUBDIVISION ONE OF THIS SECTION, COMMENCE AN ACTION OR PROCEEDING IN A COURT OF COMPETENT JURIS- DICTION, WHICH NOTWITHSTANDING ANY OTHER PROVISION OF LAW SHALL INCLUDE THE HOUSING PART OF THE NEW YORK CITY CIVIL COURT, TO ENFORCE THE PROVISIONS OF THIS SUBDIVISION. S 2. This act shall take effect immediately.