Senate Bill S8447

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

                                  8447

                            I N  S E N A T E

                              July 19, 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

  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
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

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

                                                           LBD08550-29-0

S. 8447                             2

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.