senate Bill S7686

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 29 / May / 2014
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A9545
Versions:
S7686
Legislative Cycle:
2013-2014
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Multiple Dwelling Law
Laws Affected:
Amd ยงยง282-a & 284, Mult Dwell L

Sponsor 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

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7686

                            I N  S E N A T E

                              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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14500-05-4

S. 7686                             2

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-

S. 7686                             3

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

S. 7686                             4

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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