S T A T E   O F   N E W   Y O R K
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                                  4937

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 9, 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 interim multi-
  ple  dwellings  in  a  city  with  a population of one million or more
  persons

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 5 of section 281 of the multiple dwelling law,
as amended by chapter 147 of the laws of 2010, is  amended  to  read  as
follows:
  5. Notwithstanding the provisions of paragraphs (i), (iii) and (iv) of
subdivision  two of this section, but subject to paragraphs (i) and (ii)
of subdivision one of this section and paragraph (ii) of subdivision two
of this section, the term  "interim  multiple  dwelling"  shall  include
buildings,  structures or portions thereof that are located in a city of
more than one  million  persons  which  were  occupied  for  residential
purposes  as  the residence or home of any three or more families living
independently from one another for a period of twelve consecutive months
during the period commencing January  first,  two  thousand  eight,  and
ending December thirty-first, two thousand nine, provided that the unit:
is  not  located  in  a basement or cellar and has at least one entrance
that does not require passage through another residential unit to obtain
access to the unit, has at least one window opening onto a street  or  a
lawful  yard or court as defined in the zoning resolution for such muni-
cipality, and is at least five hundred fifty square feet in area.    The
term  "interim  multiple dwelling" as used in this subdivision shall not
include (i) any building in  an  industrial  business  zone  established
pursuant to chapter six-D of title twenty-two of the administrative code
of   the   city   of   New   York   except   that   a  building  in  the
Williamsburg/Greenpoint or North Brooklyn industrial business zones  and
a  building  located  in that portion of the Long Island city industrial

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09336-01-1
              

A. 4937                             2

business zone that has frontage on either side of forty-seventh [street]
AVENUE or is located north of forty-seventh [street] AVENUE and south of
Skillman avenue or in that portion of the Long  Island  city  industrial
business  zone  that  is  located  north of forty-fourth drive, south of
Queens plaza north, and west of twenty-third street may be  included  in
the  term  "interim  multiple  dwelling,"  or (ii) units in any building
that, at the time this subdivision shall take effect,  also  contains  a
use actively and currently pursued, which use is set forth in use groups
fifteen  through eighteen, as described in the zoning resolution of such
municipality in effect on June twenty-first, two thousand ten, and which
the loft board has determined in  rules  and  regulation  is  inherently
incompatible with residential use in the same building, provided that if
a  building  does not contain such active uses at the time this subdivi-
sion takes effect, no subsequent use by the owner of the building  shall
eliminate  the protections of this section for any residential occupants
in the building already qualified for such protections. The term "inter-
im multiple dwelling," as used in this subdivision  shall  also  include
buildings, structures or portions thereof that are located north of West
24th  Street  and south of West 27th Street and west of tenth avenue and
east of eleventh avenue in a city of more than one million persons which
were occupied for residential purposes as the residence or home  of  any
two  or more families living independently from one another for a period
of twelve consecutive months during the period commencing January first,
two thousand eight, and ending December thirty-first, two thousand  nine
and  subject  to  all the conditions and limitations of this subdivision
other than the number of units in  the  building.  A  reduction  in  the
number  of  occupied  residential  units in a building after meeting the
aforementioned twelve consecutive month requirement shall not  eliminate
the  protections of this section for any remaining residential occupants
qualified for such protections. Non-residential space in a  building  as
of  the effective date of this subdivision shall be offered for residen-
tial use only after the obtaining of a residential certificate of  occu-
pancy  for  such space and such space shall be exempt from this article,
even if a portion of such building may be an interim multiple dwelling.
  S 2. This act shall take effect immediately.