S T A T E O F N E W Y O R K
________________________________________________________________________
11567
I N A S S E M B L Y
June 27, 2010
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. V. Lopez,
Silver, Lentol, Millman) -- read once and referred to the Committee 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; and to amend chapter 405 of the laws of 1999, amending the
real property tax law relating to improving the administration of the
school tax relief (STAR) program, in relation to the effectiveness
thereof and to amend the tax law, in relation to video lottery gaming
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 added by a chapter of the laws of 2010, amending the multiple dwell-
ing law relating to interim multiple dwellings in a city of more than
one million persons, as proposed in legislative bills numbers S. 7178-A
and A. 5667-C, 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 [two] 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 MUNICIPALITY, 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 ESTAB-
LISHED PURSUANT TO CHAPTER SIX-D OF TITLE TWENTY-TWO OF THE ADMINISTRA-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08550-25-0
A. 11567 2
TIVE 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
BUSINESS ZONE THAT HAS FRONTAGE ON EITHER SIDE OF FORTY-SEVENTH STREET
OR IS LOCATED NORTH OF FORTY-SEVENTH STREET 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 MULTI-
PLE DWELLING," OR (II) UNITS IN ANY BUILDING THAT, AT THE TIME THIS
SUBDIVISION SHALL TAKE EFFECT, ALSO CONTAINS A USE ACTIVELY AND CURRENT-
LY PURSUED, WHICH USE IS SET FORTH IN USE GROUPS FIFTEEN THROUGH EIGH-
TEEN, 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 SUBDIVISION TAKES EFFECT,
NO SUBSEQUENT USE BY THE OWNER OF THE BUILDING SHALL ELIMINATE THE
PROTECTIONS OF THIS SECTION FOR ANY RESIDENTIAL OCCUPANTS IN THE BUILD-
ING ALREADY QUALIFIED FOR SUCH PROTECTIONS. THE TERM "INTERIM 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. Section 282 of the multiple dwelling law, as amended by a chapter
of the laws of 2010, amending the multiple dwelling law relating to
interim multiple dwellings in a city of more than one million persons,
as proposed in legislative bills numbers S. 7178-A and A. 5667-C, is
amended to read as follows:
S 282. Establishment of special loft unit. In order to resolve
complaints of owners of interim multiple dwellings and of residential
occupants of such buildings qualified for the protection of this arti-
cle, and to act upon hardship applications made pursuant to this arti-
cle, a special loft unit referred to herein as the "loft board" shall be
established which shall consist of from four to nine members represen-
tative of the public, the real estate industry, loft residential
tenants, and loft manufacturing interests, and a chairperson, all to be
appointed by the mayor of the municipality and to serve such terms as he
may designate. The compensation of the members of the loft board shall
be fixed by the mayor. The members of the loft board shall not be
considered employees of the state or the municipality, provided, howev-
er, that state or municipal employees or officers may be named to the
loft board. The mayor shall establish the loft board within ninety days
A. 11567 3
of the effective date of chapter three hundred forty-nine of the laws of
nineteen hundred eighty-two. The loft board shall have such office and
staff as shall be necessary to carry out functions conferred upon it and
may request and receive assistance from any state or municipal agency or
department. The loft board shall have the following duties: (a) the
determination of interim multiple dwelling status and other issues of
coverage pursuant to this article; (b) the resolution of all hardship
appeals brought under this article; (c) the determination of any claim
for rent adjustment under this article by an owner or tenant; (d) the
issuance, after a public hearing, and the enforcement of rules and regu-
lations governing minimum housing maintenance standards in interim
multiple dwellings (subject to the provisions of this chapter and any
local building code), rent adjustments prior to legalization, compliance
with this article and the hearing of complaints and applications made to
it pursuant to this article; and (e) determination of controversies
arising over the fair market value of a residential tenant's fixtures or
reasonable moving expenses. The violation of any rule or regulation
promulgated by the loft board shall be punishable by a civil penalty
determined by the loft board not to exceed [one] SEVENTEEN thousand FIVE
HUNDRED dollars which may be recovered by the municipality by a proceed-
ing in any court of competent jurisdiction. THE LOFT BOARD MAY DESIG-
NATE PROVISIONS OF SUCH RULES AND REGULATIONS FOR ENFORCEMENT IN
PROCEEDINGS BEFORE THE ENVIRONMENTAL CONTROL BOARD OF SUCH MUNICIPALITY.
NOTICES OF VIOLATION RETURNABLE TO SUCH ENVIRONMENTAL CONTROL BOARD MAY
BE ISSUED BY OFFICERS AND EMPLOYEES OF THE DEPARTMENT OF BUILDINGS OF
SUCH MUNICIPALITY AND SERVED IN THE SAME MANNER AS VIOLATIONS RETURNABLE
TO SUCH BOARD WITHIN THE JURISDICTION OF SUCH DEPARTMENT. THE ENVIRON-
MENTAL CONTROL BOARD, WHEN ACTING AS THE DESIGNEE OF THE LOFT BOARD,
SHALL HAVE THE POWER TO IMPOSE CIVIL PENALTIES, NOT TO EXCEED SEVENTEEN
THOUSAND FIVE HUNDRED DOLLARS FOR EACH VIOLATION, AND TO ISSUE JUDG-
MENTS, WHICH MAY BE DOCKETED AND ENFORCED AS SET FORTH IN SECTION ONE
THOUSAND FORTY-NINE-A OF THE NEW YORK CITY CHARTER.
The loft board may charge and collect reasonable fees in the execution
of its responsibilities. The loft board may administer oaths, take affi-
davits, hear testimony, and take proof under oath at public or private
hearings.
S 3. The multiple dwelling law is amended by adding a new section
282-a to read as follows:
S 282-A. LIMITATION ON APPLICATIONS FOR COVERAGE OF INTERIM MULTIPLE
DWELLINGS AND RESIDENTIAL UNITS. 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 OF THE
LAWS OF 2010 WHICH ADDED THIS SECTION. THE LOFT BOARD MAY SUBSEQUENTLY
AMEND SUCH RULES AND REGULATIONS BUT SUCH AMENDMENTS SHALL NOT RECOM-
MENCE THE TIME PERIOD IN WHICH APPLICATIONS MAY BE FILED. NOTWITHSTAND-
ING ANY OTHER PROVISION OF THIS ARTICLE, AFTER SUCH DATE NO FURTHER
APPLICATIONS FOR REGISTRATION OR COVERAGE AS AN INTERIM MULTIPLE DWELL-
ING 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.
S 4. Section 1 of part J of chapter 405 of the laws of 1999, amending
the real property tax law relating to improving the administration of
the school tax relief (STAR) program, as amended by section 1 of part A
of chapter 134 of the laws of 2010, is amended to read as follows:
A. 11567 4
Section 1. Notwithstanding the provisions of article 5 of the general
construction law, the provisions of the tax law amended by sections
94-a, 94-d and 94-g of chapter 2 of the laws of 1995 are hereby revived
and shall continue in full force and effect as they existed on March 31,
1999 [through July 2, 2010, when upon such date they shall expire and be
repealed]. Sections 1, 2, 3, 4, and 5, and such part of section 10 of
chapter 336 of the laws of 1999 as relates to providing for the effec-
tiveness of such sections 1, 2, 3, 4 and 5 shall be nullified in effect
on the effective date of this section, except that the amendments made
to: paragraph (2) of subdivision a of section 1612 of the tax law by
such section 1; and subdivision b of section 1612 of the tax law by such
section 2; and the repeal of section 152 of chapter 166 of the laws of
1991 made by such section 5 shall continue to remain in effect.
S 5. Paragraph 1 of subdivision a of section 1612 of the tax law, as
amended by chapter 336 of the laws of 1999, is amended to read as
follows:
(1) sixty percent of the total amount for which tickets have been sold
for a lawful lottery game introduced on or after the effective date of
this paragraph, subject to the following provisions:
(A) [drawings in such game shall be held during no more than thirteen
hours each day, no more than eight hours of which shall be consecutive;
(B)] such game shall be available only on premises occupied by
licensed lottery sales agents, subject to the following provisions:
(i) if the licensee holds a license issued pursuant to the alcoholic
beverage control law to sell alcoholic beverages for consumption on the
premises, then not less than twenty-five percent of the gross sales must
result from sales of food;
(ii) if the licensee does not hold a license issued pursuant to the
alcoholic beverage control law to sell alcoholic beverages for consump-
tion on the premises, then the premises must have a minimum square
footage greater than two thousand five hundred square feet;
(iii) notwithstanding the foregoing provisions, television equipment
that automatically displays the results of such drawings may be
installed and used without regard to the percentage of food sales or the
square footage if such premises are used as:
(I) a commercial bowling establishment, or
(II) a facility authorized under the racing, pari-mutuel wagering and
breeding law to accept pari-mutuel wagers;
[(C)] (B) the rules for the operation of such game shall be as
prescribed by regulations promulgated and adopted by the division,
provided however, that such rules shall provide that no person under the
age of twenty-one may participate in such games on the premises of a
licensee who holds a license issued pursuant to the alcoholic beverage
control law to sell alcoholic beverages for consumption on the premises;
and, provided, further, that such regulations may be revised on an emer-
gency basis not later than ninety days after the enactment of this para-
graph in order to conform such regulations to the requirements of this
paragraph; or
S 6. Severability. If any clause, sentence, paragraph, section or
part of this act shall be adjudged by any court of competent jurisdic-
tion to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in its operation to the
clause, sentence, paragraph, section or part thereof directly involved
in the controversy in which such judgment shall have been rendered.
S 7. This act shall take effect immediately; provided, however,
sections one, two and three of this act shall take effect on the same
A. 11567 5
date and in the same manner as a chapter of the laws of 2010, amending
the multiple dwelling law relating to interim multiple dwellings in a
city of more than one million persons, as proposed in legislative bills
numbers S. 7178-A and A. 5667-C, takes effect.