Senate Bill S8332A

2009-2010 Legislative Session

Enacts provisions relating to interim multiple dwellings and the tax law relating to video lottery gaming

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Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 24, 2010	print number 8332a
Jun 24, 2010	amend and recommit to rules referred to rules

Bill Amendments

2009-S8332 - Details

See Assembly Version of this Bill:: A11524
Current Committee:: Senate Rules
Law Section:: Multiple Dwelling Law
Laws Affected:: Amd §§281, 282 (as proposed in S. 7178-A/A. 5667-C), add §282-a, Mult Dwell L; amd Part J §1, Chap 405 of 1999; amd §1612, Tax L

2009-S8332 - Summary

Enacts provisions relating to interim multiple dwellings and the tax law relating to video lottery gaming.

2009-S8332 - Sponsor Memo

                                BILL NUMBER:S8332

TITLE OF BILL:
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, and the tax law, in relation to video lottery
gaming

PURPOSE OR GENERAL IDEA OF THE BILL:
To amend chapter 135 of the laws of 2010 to clarify criteria regarding
the inclusion of new units covered by the loft law, and to establish new
procedures and penalties to address violations of the loft law.  It is
also the intent of this bill to support the purpose of chapter 135 of
the laws of 2010 to make the loft law permanent.

SUMMARY OF SPECIFIC PROVISIONS:
This bill would amend the definition of interim multiple dwelling to
only include a building where three or more families have lived inde-
pendently of each other for 12 consecutive months or longer between
January 1, 2008, and December 31, 2009.

The bill would also establish other safety criteria that would have to
be met for a unit to be eligible as a loft protected by the loft law.
No unit could be located in a basement or cellar; each unit must have at

least one entrance that does not require passage through another resi-
dential unit to reach the unit; each unit must have at least one window
opening onto a street, yard, or court; and each unit must be at least
550 square feet in area. Covered buildings cannot be located in an
industrial business zone, except lofts in the Maspeth, North Brooklyn
and Williamsburg/Greenpoint industrial business Zones would be covered
by the law. The loft board must determine in rules and regulations
whether each use set forth in groups 15 through 18, as defined in the
municipalities zoning law, constitutes a use inherently incompatible
with residential use. No change in the use of the building would remove
the protections of loft law from the units that have been covered.

The bill would increase the maximum penalty that could be issued for a
violation of the loft board's rules or regulations from $1,000 to
$17,500.

The bill would allow the loft board to designate the environmental
control board as the enforcing entity for various provisions of its
rules and regulations. The environmental control board could issue
penalties up to $17,500 for violations and could issue judgments that
could be docketed and enforced. The department of buildings would be
able to issue any violations that the environmental control board
issues.

The bill would require that all applications for inclusion under loft
law be filed within six months after the loft board has finished adopt-
ing as the rules and regulations necessary to implement the bill.

JUSTIFICATION:
This chapter amendment was drafted to address concerns that the underly-
ing legislation would allow lofts with insurmountable safety concerns to
be covered by the loft law and that the expanded coverage would inter-
fere with municipal efforts to attract new manufacturing enterprises.
The amendments in this bill would provide greater protections to the
safety of the tenants of lofts by determining if their buildings contain
unsafe industrial activities. The bill also exempts units contained in
certain industrial zones where such inclusion could interfere with plans
to use these areas for industrial purposes exclusively. The chapter
amendment also contains increased penalties and enforcement provisions
giving the loft board, the environmental control board and the depart-
ment of buildings more authority for ensuring compliance with the law.
This should lead to fewer violations. This bill and the underlying chap-
ter make the existing loft law permanent. It is the intent of this
legislation to confirm that the law is now permanent; the temporary
extension of the law in the emergency budget extenders did not indicate
a contrary intent.

PRIOR LEGISLATIVE HISTORY:
New legislation.

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
Immediately, provided that the amendments made to multiple dwelling law
relating to interim multiple dwellings take effect on the same date as
the chapter 135 of the laws of 2010.

2009-S8332 - Bill Text download pdf

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

                                  8332

                            I N  S E N A T E

                              June 24, 2010
                               ___________

Introduced  by  Sen.  DILAN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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,  and 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" 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, NORTH BROOK-

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

                                                           LBD08550-17-0

S. 8332                             2

LYN,  AND  MASPETH INDUSTRIAL BUSINESS ZONES 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  MUNICI-
PALITY  IN  EFFECT ON JUNE TWENTY-FIRST, TWO THOUSAND TEN, AND WHICH THE
LOFT BOARD HAS DETERMINED IN RULES AND REGULATION IS  INHERENTLY  INCOM-
PATIBLE  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 ELIM-
INATE  THE  PROTECTIONS OF THIS SECTION FOR ANY RESIDENTIAL OCCUPANTS IN
THE BUILDING ALREADY QUALIFIED FOR SUCH PROTECTIONS. 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
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

S. 8332                             3

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  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  I
of chapter 111 of the laws of 2010, is amended to read as follows:
  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 June 25, 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:

S. 8332                             4

  (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. This  act  shall  take  effect  immediately;  provided,  however,
sections  one,  two  and three of this act shall take effect on the same
date 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.

2009-S8332A (ACTIVE) - Details

See Assembly Version of this Bill:: A11524
Current Committee:: Senate Rules
Law Section:: Multiple Dwelling Law
Laws Affected:: Amd §§281, 282 (as proposed in S. 7178-A/A. 5667-C), add §282-a, Mult Dwell L; amd Part J §1, Chap 405 of 1999; amd §1612, Tax L

2009-S8332A (ACTIVE) - Summary

Enacts provisions relating to interim multiple dwellings and the tax law relating to video lottery gaming.

2009-S8332A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S8332A

TITLE OF BILL:
An act
to amend the multiple dwelling law, in relation to
interim multiple 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, and
the tax law, in relation to video lottery gaming

PURPOSE OR GENERAL IDEA OF THE BILL:
This bill will serve as a chapter amendment to bill numbers S.7178-A
and A.5667-C.

SUMMARY OF SPECIFIC PROVISIONS:
This bill would amend the definition of interim multiple dwelling to
only include a building where three or more families have lived
independently of each other for 12 consecutive months or longer
between January 1, 2008, and December 31, 2009.

The bill would also establish other safety criteria that would have to
be met for a unit to be eligible as a loft protected by the loft law.
No unit could be located in a basement or cellar; each unit must have
at least one entrance that does not require passage through another

residential unit to reach the unit; each unit must have at least one
window opening onto a street, yard, or court; and each unit must be
at least 550 square feet in area. Covered buildings cannot be located
in an industrial business zone, except lofts in the Maspeth, North
Brooklyn and Williamsburg/Greenpoint industrial business Zones would
be covered by the law. The loft board must determine in rules and
regulations whether each use set forth in groups 15 through 18, as
defined in the municipalities zoning law, constitutes a use
inherently incompatible with residential use. No change in the use of
the building would remove the protections of loft law from the units
that have been covered.

The bill would increase the maximum penalty that could be issued for a
violation of the loft board's rules or regulations from $1,000 to
$17,500.

The bill would allow the loft board to designate the environmental
control board as the enforcing entity for various provisions of its
rules and regulations. The environmental control board could issue
penalties up to $17,500 for violations and could issue judgments that
could be docketed and enforced. The department of buildings would be
able to issue any violations that the environmental control board
issues.

The bill would require that all applications for inclusion under loft
law be filed within six months after the loft board has finished
adopting as the rules and regulations necessary to implement the bill.

JUSTIFICATION:
This chapter amendment was drafted to address concerns that the
underlying legislation would allow lofts with insurmountable safety
concerns to be covered by the loft law and that the expanded coverage
would interfere with municipal efforts to attract new manufacturing
enterprises. The amendments in this bill would provide greater
protections to the safety of the tenants of lofts by determining if
their buildings contain unsafe industrial activities.
The bill also exempts units contained in certain industrial zones
where such inclusion could interfere with plans to use these areas
for industrial purposes exclusively. The chapter amendment also
contains increased penalties and enforcement provisions giving the
loft board, the environmental control board and the department of
buildings more authority for ensuring compliance with the law. This
should lead to fewer violations. This bill and the underlying chapter
make the existing loft law permanent. It is the intent of this
legislation to confirm that the law is now permanent; the temporary
extension of the law in the emergency budget extenders did not
indicate a contrary intent.

PRIOR LEGISLATIVE HISTORY:
New legislation.

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
Immediately; provided, however, sections one, two and three of this
act shall take effect on the
same date 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
bill numbers S.7178-A and A.5667-C, takes effect.

2009-S8332A (ACTIVE) - Bill Text download pdf

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

                                 8332--A

                            I N  S E N A T E

                              June 24, 2010
                               ___________

Introduced  by  Sen.  DILAN  -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Rules  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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, and 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" SHALL NOT INCLUDE (I) ANY
BUILDING IN AN INDUSTRIAL BUSINESS ZONE ESTABLISHED PURSUANT TO  CHAPTER

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

                                                           LBD08550-18-0

S. 8332--A                          2

SIX-D  OF TITLE TWENTY-TWO OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW
YORK EXCEPT THAT A BUILDING IN THE WILLIAMSBURG/GREENPOINT, NORTH BROOK-
LYN, AND MASPETH INDUSTRIAL BUSINESS ZONES 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  MUNICI-
PALITY  IN  EFFECT ON JUNE TWENTY-FIRST, TWO THOUSAND TEN, AND WHICH THE
LOFT BOARD HAS DETERMINED IN RULES AND REGULATION IS  INHERENTLY  INCOM-
PATIBLE  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 ELIM-
INATE  THE  PROTECTIONS OF THIS SECTION FOR ANY RESIDENTIAL OCCUPANTS IN
THE BUILDING ALREADY QUALIFIED FOR SUCH PROTECTIONS. 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
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

S. 8332--A                          3

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:
  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. 8332--A                          4

  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.  This  act  shall  take  effect  immediately; provided, however,
sections one, two and three of this act shall take effect  on  the  same
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.

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Sponsored By

Martin Malavé Dilan

Archive: Last Bill Status - In Senate Committee Rules Committee

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