Bill S7686-2013

Requires applications related to coverage of residential units to be filed during a limited time period that commences after the loft board's final determination of approval for such interim multiple dwellings

Requires applications related to coverage of residential units to be filed during a limited time period that commences after the loft board's final determination of approval for such interim multiple dwellings.

Details

Actions

  • May 29, 2014: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

Memo

BILL NUMBER:S7686

TITLE OF BILL: An act to amend the multiple dwelling law, in relation to coverage of interim multiple dwellings and owner obligations

PURPOSE OR GENERAL IDEA OF BILL:

This bill amends the multiple dwelling law by removing the six month time limit under which applications for registration as an interim multiple dwelling or for coverage of residential units must occur.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 - Removes the six month time limit under which applications for registration as an interim multiple dwelling or for coverage of residential units must occur after the date that the loll board shall have adopted all regulations necessary in order to implement the two thousand and ten loft laws. Renders it unlawful for an owner of a dwelling to cause an occupant to vacate due to repeated interruptions of essential services if the occupant has filed for coverage and has received a docket number from the loft board.

Section 2 - Specifies the dates at which owners of interim dwellings have to file an alteration application and the timeline in which they have to achieve compliance with safety and fire protection.

Section 3 - Sets forth the timeline with which the owners of interim multiple dwellings shall file an alteration application, obtain an approved alteration permit and achieve compliance with safety and fire protection standards.

Section 4 - This act shall take effect immediately and shall be deemed to have been in full force and effect on and after March 11th, 2014.

JUSTIFICATION:

In 2010, legislation was introduced to make the loft law permanent. Its intent was to bring buildings that had been illegally converted from manufacturing to residential fire and safety codes. After the bill was passed, however, amendments were introduced that severely restricted the spirit of what the bill was trying to accomplish. Another deadline was put in place which meant that coverage could only be sought for up to six months after the date that the Loft Board had finished adopting all the necessary rules and regulations to implement the 2010 law.

Legislation was introduced in the first place to ensure that those residences that were created illegally could come into code compliance and allow the landlord to collect rent legally. By allowing this artificial deadline to remain it ensures that landlords of lofts are not encouraged to register their properties with the Loft Board, which would ensure that they are brought up to residential safety and fire standards. If the occupants of these lofts are evicted these premises will not revert into manufacturing spaces. All that will occur is that the landlord will rent the space to another tenant, at a much higher price. The purpose of this legislation is to provide the best possible

situation to bring these lolls up to residential fire and safety codes.

PRIOR LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect immediately and shall be deemed to have been in full force and effect on and after March 11th, 2014


Text

STATE OF NEW YORK ________________________________________________________________________ 7686 IN SENATE May 29, 2014 ___________
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development AN ACT to amend the multiple dwelling law, in relation to coverage of interim multiple dwellings and owner obligations 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 amended by chapter 159 of the laws of 2011, is amended to read as follows: S 282-a. [Limitation on applications] 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 chapter one hundred forty-seven of the laws of 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 qual- ify as interim multiple dwellings or for coverage pursuant to this arti- cle. 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 a final determination, including appeals, to approve or deny such applica- tion. This [subdivision] SECTION 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] SECTION shall be deemed void as against public policy. In addition to any other remedies provided in this article 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 jurisdiction, 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] SECTION. S 2. Paragraph (vi) of subdivision 1 of section 284 of the multiple dwelling law, as amended by chapter 4 of the laws of 2013, is amended to read as follows: (vi) Notwithstanding the provisions of paragraphs (i) through (v) of this subdivision the owner of an interim multiple dwelling made subject to this article by subdivision five of section two hundred eighty-one of this article (A) shall file an alteration application [within nine months from the effective date of the chapter of the laws of two thou- sand ten which amended this subparagraph] ON OR BEFORE MARCH TWENTY-FIRST, TWO THOUSAND ELEVEN, or, for units that became subject to this article pursuant to the chapter of the laws of two thousand thir- teen which amended this paragraph, [within nine months of the promulga- tion of all necessary rules and regulations pursuant to section two hundred eighty-two-a of this article]ON OR BEFORE JUNE ELEVENTH, TWO THOUSAND FOURTEEN, OR, FOR UNITS IN AN INTERIM MULTIPLE DWELLING THAT WERE LISTED ON AN APPLICATION FOR COVERAGE OR REGISTRATION FILED WITH THE LOFT BOARD PURSUANT TO THIS ARTICLE OR IN A COURT PLEADING AFTER MARCH ELEVENTH, TWO THOUSAND FOURTEEN, WITHIN NINE MONTHS OF EITHER THE DATE OF THE INITIAL APPLICATION FOR COVERAGE OR THE DATE OF THE LOFT BOARD'S ISSUANCE OF AN INTERIM MULTIPLE DWELLING NUMBER OR THE DATE OF THE SERVICE OF THE PLEADING, WHICHEVER IS EARLIER, and (B) shall take all reasonable and necessary action to obtain an approved alteration permit [within twelve months from such effective date] ON OR BEFORE JUNE TWENTY-FIRST, TWO THOUSAND ELEVEN, or, for units that became subject to this article pursuant to the chapter of the laws of two thousand thir- teen which amended this paragraph, [within twelve months of the promul- gation of all necessary rules and regulations pursuant to section two hundred eighty-two-a of this article] ON OR BEFORE SEPTEMBER ELEVENTH, TWO THOUSAND FOURTEEN, OR, FOR UNITS IN AN INTERIM MULTIPLE DWELLING THAT WERE LISTED ON AN APPLICATION FOR COVERAGE OR REGISTRATION FILED WITH THE LOFT BOARD PURSUANT TO THIS ARTICLE OR IN A COURT PLEADING AFTER MARCH ELEVENTH, TWO THOUSAND FOURTEEN, WITHIN TWELVE MONTHS OF EITHER THE DATE OF THE INITIAL APPLICATION FOR COVERAGE OR THE DATE OF THE LOFT BOARD'S ISSUANCE OF AN INTERIM MULTIPLE DWELLING NUMBER OR THE DATE OF THE SERVICE OF THE PLEADING, WHICHEVER IS EARLIER, and (C) shall achieve compliance with the standards of safety and fire protection set forth in article seven-B of this chapter for the residential portions of the building within eighteen months from obtaining such alteration permit, and (D) shall take all reasonable and necessary action to obtain a certificate of occupancy as a class A multiple dwelling for the resi- dential portions of the building or structure [within thirty months from such effective date] ON OR BEFORE DECEMBER TWENTY-FIRST, TWO THOUSAND TWELVE, or for units that became subject to this article pursuant to the chapter of the laws of two thousand thirteen which amended this para-
graph [within thirty months of the promulgation of all necessary rules and regulations pursuant to section two hundred eighty-two-a of this article] ON OR BEFORE MARCH ELEVENTH, TWO THOUSAND SIXTEEN, OR, FOR UNITS IN AN INTERIM MULTIPLE DWELLING THAT WERE LISTED ON AN APPLICATION FOR COVERAGE OR REGISTRATION FILED WITH THE LOFT BOARD PURSUANT TO THIS ARTICLE OR IN A COURT PLEADING AFTER MARCH ELEVENTH, TWO THOUSAND FOUR- TEEN, WITHIN THIRTY MONTHS OF EITHER THE DATE OF THE INITIAL APPLICATION FOR COVERAGE OR THE DATE OF THE LOFT BOARD'S ISSUANCE OF AN INTERIM MULTIPLE DWELLING NUMBER OR THE DATE OF THE SERVICE OF THE PLEADING, WHICHEVER IS EARLIER. The loft board may, upon good cause shown, and upon proof of compliance 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 requirement to obtain a residential certificate of occupancy for periods not to exceed twelve months each. S 3. Paragraph (vi) of subdivision 1 of section 284 of the multiple dwelling law, as amended by chapter 135 of the laws of 2010, is amended to read as follows: (vi) Notwithstanding the provisions of paragraphs (i) through (v) of this subdivision the owner of an interim multiple dwelling made subject to this article by subdivision five of section two hundred eighty-one of this article (A) shall file an alteration application [within nine months from the effective date of the chapter of the laws of two thou- sand ten which amended this subparagraph] ON OR BEFORE MARCH TWENTY-FIRST, TWO THOUSAND ELEVEN, OR, FOR UNITS IN AN INTERIM MULTIPLE DWELLING THAT WERE LISTED ON AN APPLICATION FOR COVERAGE OR REGISTRATION FILED WITH THE LOFT BOARD PURSUANT TO THIS ARTICLE OR IN A COURT PLEAD- ING AFTER MARCH ELEVENTH, TWO THOUSAND FOURTEEN, WITHIN NINE MONTHS OF EITHER THE DATE OF THE INITIAL APPLICATION FOR COVERAGE OR THE DATE OF THE LOFT BOARD'S ISSUANCE OF AN INTERIM MULTIPLE DWELLING NUMBER OR THE DATE OF THE SERVICE OF THE PLEADING, WHICHEVER IS EARLIER and (B) shall take all reasonable and necessary action to obtain an approved alter- ation permit [within twelve months from such effective date] ON OR BEFORE JUNE TWENTY-FIRST, TWO THOUSAND ELEVEN, OR, FOR UNITS IN AN INTERIM MULTIPLE DWELLING THAT WERE LISTED ON AN APPLICATION FOR COVER- AGE OR REGISTRATION FILED WITH THE LOFT BOARD PURSUANT TO THIS ARTICLE OR IN A COURT PLEADING AFTER MARCH ELEVENTH, TWO THOUSAND FOURTEEN, WITHIN TWELVE MONTHS OF EITHER THE DATE OF THE INITIAL APPLICATION FOR COVERAGE OR THE DATE OF THE LOFT BOARD'S ISSUANCE OF AN INTERIM MULTIPLE DWELLING NUMBER OR THE DATE OF THE SERVICE OF THE PLEADING, WHICHEVER IS EARLIER and (C) shall achieve compliance with the standards of safety and fire protection set forth in article seven-B of this chapter for the residential portions of the building within eighteen months from obtain- ing such alteration permit [or eighteen months from such effective date, whichever is later], and (D) shall take all reasonable and necessary action to obtain a certificate of occupancy as a class A multiple dwell- ing for the residential portions of the building or structure [within thirty-six months from such effective date] ON OR BEFORE JUNE TWENTY-FIRST, TWO THOUSAND THIRTEEN, OR, FOR UNITS IN AN INTERIM MULTI- PLE DWELLING THAT WERE LISTED ON AN APPLICATION FOR COVERAGE OR REGIS- TRATION FILED WITH THE LOFT BOARD PURSUANT TO THIS ARTICLE OR IN A COURT PLEADING AFTER MARCH ELEVENTH, TWO THOUSAND FOURTEEN, WITHIN THIRTY-SIX MONTHS OF EITHER THE DATE OF THE INITIAL APPLICATION FOR COVERAGE OR THE DATE OF THE LOFT BOARD'S ISSUANCE OF AN INTERIM MULTIPLE DWELLING NUMBER OR THE DATE OF THE SERVICE OF THE PLEADING, WHICHEVER IS EARLIER. The loft board may, upon good cause shown, and upon proof of compliance 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 require- ment to obtain a residential certificate of occupancy for periods not to exceed twelve months each. S 4. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after March 11, 2014; provided, however, that the amendments to paragraph (vi) of subdivision 1 of section 284 of the multiple dwelling law made by section two of this act shall be subject to the expiration and reversion of such para- graph pursuant to subdivision (h) of section 27 of chapter 4 of the laws of 2013, as amended, when upon such date the provisions of section three of this act shall take effect.

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