NY State Senate Bill 2009-S5881

Senate Bill S5881

2009-2010 Legislative Session

Includes certain buildings, structures or portions thereof occupied for residential purposes for a period of 12 consecutive months as interim multiple dwellings

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Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to housing, construction and community development
Jun 15, 2009	referred to rules

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2009-S5881 (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Multiple Dwelling Law
Laws Affected:: Amd §§281, 282, 284, 285 & 286, Mult Dwell L; amd §3, Chap 349 of 1982

2009-S5881 (ACTIVE) - Summary

Includes certain buildings, structures or portions thereof occupied for residential purposes for a period of twelve consecutive months during the period commencing January 1, 2008 and ending December 31, 2009 as the residence or home of any three or more families living independently from one another as interim multiple dwellings; extends effectiveness of provisions of the loft law.

2009-S5881 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5881

 TITLE OF BILL :
An act to amend the multiple dwelling law, in relation to interim
multiple dwellings in a city of more than one million persons and to
amend chapter 349 of the laws of 1982, amending the multiple dwelling
law relating to legalization of interim multiple dwellings in cities
over one million, in relation to extending the effectiveness of such
chapter


 PURPOSE OR GENERAL IDEA OF BILL :
The purpose of this bill is to extend provisions of the Loft Law to
buildings which have been occupied residentially for 12 consecutive
months during the period starting January 1, 2008 and ending December
31, 2009.

 SUMMARY OF SPECIFIC PROVISIONS :
This bill would:

* amend the definition of "interim multiple dwelling" to include
buildings occupied for residential purposes for 12 consecutive months
during the period starting January 1, 2008 and ending December 31,
2009, and extend existing Loft Law protections to tenants in these
buildings;

* require that non-residential space in such buildings be offered for
residential use only after the obtaining of a residential certificate
of occupancy for such space and require that such space be exempt from
this article;

* prohibit the Loft Board from charging fees in the execution of its
responsibilities;

* require owners of such interim multiple dwellings to (a) file an
alteration application within 9 months from the effective date of this
bill, (b) take all reasonable and necessary action to obtain an
approved alteration permit within 12 months, (c) achieve compliance
with the standards of safety and fire protection within 18 months of
obtaining the alteration permit or 18 months from the effective date,
whichever is later, and (d) take reasonable and necessary action to
obtain certificate of occupancy as a class A multiple dwelling for the
residential portions of the building within 36 months;

* authorize the Loft Board, upon good cause shown, to twice extend the
time of compliance with the requirement to obtain a residential
certificate of occupancy for periods not to exceed 12 months each;

* allow owners of such buildings to apply to the Loft Board for an
exemption of a building from this article, if the owner can show it
would cause an unjustifiable hardship, within 9 months of the
effective date of this bill;

* deletes provisions requiring owners of loft buildings to join a real
estate industry stabilization association;

* provides that these interim multiple dwellings become subject to the
emergency tenant protection act of 1974 after they are legalized; and

* extends the Loft Law to May 31, 2014.

 EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :
This bill would amend Sections 281, 282, 284, 285, and 286 of the
Multiple Dwelling Law.

 JUSTIFICATION :
During a recent Assembly Housing Committee hearing on loft building
legalization, loft residents who attended overwhelmingly showed their
support for the extension of existing Loft Law provisions to loft
buildings, particularly in Brooklyn, which were occupied after the
date established in the Multiple Dwelling Law. The extension of the
loft law will facilitate constructive relationships between tenants
and loft building owners through the loft board, protect tenant's
rights and any structural improvements they make or have made to their
neighborhoods, as well as provide building owners with a reasonable
timeline to make required building modifications.

 PRIOR LEGISLATIVE HISTORY :
A.2717-A/2004 - Passed Assembly.
A.2717/2003 - Passed Assembly.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
This bill assumes the continued operation of the Loft Board.

 EFFECTIVE DATE :
Immediately.

2009-S5881 (ACTIVE) - Bill Text download pdf

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

                                  5881

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 15, 2009
                               ___________

Introduced  by Sen. SQUADRON -- 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 of more than one million persons and to  amend
  chapter  349  of  the laws of 1982, amending the multiple dwelling law
  relating to legalization of interim multiple dwellings in cities  over
  one  million, in relation to extending the effectiveness of such chap-
  ter

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

  Section  1.  Section  281  of  the multiple dwelling law is amended by
adding a new subdivision 5 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  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.   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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08550-03-9

S. 5881                             2

  S 2. Section 282 of the multiple dwelling law, as added by chapter 349
of the laws of 1982, 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 [the act  which  added  this  article]  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 regulations 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 arti-
cle; 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 thousand dollars which may be  recovered  by  the  munici-
pality by a proceeding in any court of competent jurisdiction.  The loft
board  may  NOT charge [and collect reasonable] fees in the execution of
its responsibilities. The loft board may administer oaths, take  affida-
vits,  hear  testimony,  and  take proof under oath at public or private
hearings.
  S 3. Subdivision 1 of section 284 of the  multiple  dwelling  law,  as
amended by section 2 of part BB of chapter 85 of the laws of 2002, para-
graph (v) as amended by section 2 of part PP-1 of chapter 57 of the laws
of 2008, is amended to read as follows:
  1.  (i)  The  owner  of an interim multiple dwelling (A) shall file an
alteration application within nine months from  the  effective  date  of
[the  act  which added this article] CHAPTER THREE HUNDRED FORTY-NINE OF
THE LAWS OF NINETEEN HUNDRED EIGHTY-TWO, and (B) shall take all  reason-
able and necessary action to obtain an approved alteration permit within
twelve months from such effective date, 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 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

S. 5881                             3

as a class A multiple dwelling  for  the  residential  portions  of  the
building or structure within thirty-six months from such effective date.
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.
  (ii)  An  owner  of  an interim multiple dwelling who has not complied
with the requirements of paragraph (i) of this subdivision by the effec-
tive date of [the chapter of the laws  of  nineteen  hundred  ninety-two
which added this paragraph] CHAPTER TWO HUNDRED TWENTY-SEVEN OF THE LAWS
OF  NINETEEN  HUNDRED NINETY-TWO shall hereafter be deemed in compliance
with this subdivision provided  that  such  owner  files  an  alteration
application  by  October  first,  nineteen hundred ninety-two, takes all
reasonable and necessary action to obtain an approved alteration  permit
by  October  first,  nineteen  hundred ninety-three, achieves 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 by
April first, nineteen hundred ninety-five,  or  within  eighteen  months
from  obtaining  an  approved alteration permit, whichever is later, and
takes all reasonable and necessary action to  obtain  a  certificate  of
occupancy as a class A multiple dwelling for the residential portions of
the building or structure by October first, nineteen hundred ninety-five
or  within  six months from achieving compliance with the aforementioned
standards for the residential portions of  the  building,  whichever  is
later.
  (iii)  An  owner  of an interim multiple dwelling who has not complied
with the requirements of paragraph (i) or (ii) of  this  subdivision  by
the effective date of [the chapter of the laws of nineteen hundred nine-
ty-six  which  added  this  paragraph] CHAPTER THREE HUNDRED NINE OF THE
LAWS OF NINETEEN HUNDRED NINETY-SIX shall hereafter be deemed in compli-
ance with this subdivision provided that such owner files an  alteration
application  by  October  first,  nineteen hundred ninety-six, takes all
reasonable and necessary action to obtain an approved alteration  permit
by  October  first,  nineteen  hundred ninety-seven, achieves 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 by
April first, nineteen hundred ninety-nine or within eighteen months from
obtaining an approved alteration permit whichever is  later,  and  takes
all reasonable and necessary action to obtain a certificate of occupancy
as  a  class  A  multiple  dwelling  for the residential portions of the
building or structure by June thirtieth, nineteen hundred ninety-nine or
within three months from achieving compliance  with  the  aforementioned
standards  for  the  residential  portions of the building, whichever is
later.
  (iv) An owner of an interim multiple dwelling  who  has  not  complied
with  the  requirements of paragraph (i), (ii) or (iii) of this subdivi-
sion by the effective date of this paragraph as provided in chapter four
hundred fourteen of the laws of nineteen hundred ninety-nine which added
this paragraph shall hereafter be deemed in compliance with this  subdi-
vision  provided  that  such  owner  files  an alteration application by
September first, nineteen hundred ninety-nine, takes all reasonable  and
necessary action to obtain an approved alteration permit by March first,
two  thousand, achieves compliance with the standards of safety and fire
protection set forth in article seven-B of this chapter for the residen-
tial portions of the building by May first, two thousand two  or  within

S. 5881                             4

twelve  months from obtaining an approved alteration permit whichever is
later, and takes all reasonable and necessary action to obtain a certif-
icate of occupancy as a class A multiple dwelling  for  the  residential
portions  of the building or structure by May thirty-first, two thousand
two or within one month from achieving  compliance  with  the  aforemen-
tioned standards for the residential portions of the building, whichever
is later.
  (v) An owner of an interim multiple dwelling who has not complied with
the  requirements of paragraph (i), (ii), (iii) or (iv) of this subdivi-
sion by the effective date of this  paragraph  as  provided  in  chapter
eighty-five of the laws of two thousand two shall hereafter be deemed in
compliance  with  this  subdivision  provided  that  such owner filed an
alteration application by September first, nineteen hundred ninety-nine,
took all reasonable and necessary action to obtain  an  approved  alter-
ation  permit by March first, two thousand, achieves 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 by May first,
two thousand ten or within twelve  months  from  obtaining  an  approved
alteration  permit  whichever  is  later,  and  takes all reasonable and
necessary action to obtain a certificate  of  occupancy  as  a  class  A
multiple dwelling for the residential portions of the building or struc-
ture  by  May  thirty-first,  two  thousand ten or within one month from
achieving compliance with the aforementioned standards for the  residen-
tial portions of the building, whichever is later.
  (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 THOUSAND NINE
WHICH AMENDED THIS SUBPARAGRAPH, AND (B) SHALL TAKE ALL  REASONABLE  AND
NECESSARY  ACTION  TO OBTAIN AN APPROVED ALTERATION PERMIT WITHIN TWELVE
MONTHS FROM SUCH EFFECTIVE DATE, 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 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 DWELLING FOR THE RESIDENTIAL PORTIONS OF THE BUILDING
OR STRUCTURE WITHIN THIRTY-SIX MONTHS FROM SUCH EFFECTIVE DATE. 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.
  (VII) An owner who is unable to satisfy any requirement  specified  in
paragraph  (ii),  (iii), (iv) [or], (v), OR (VI) of this subdivision for
reasons beyond  his/her  control,  including,  but  not  limited  to,  a
requirement  to obtain a certificate of appropriateness for modification
of a landmarked building, a need to obtain a variance from  a  board  of
standards  and appeals, or the denial of reasonable access to a residen-
tial unit as required by paragraph [(x)] (XI) of this  subdivision,  may
apply to the loft board for an extension of time to meet the requirement
specified  in  paragraph  (ii),  (iii),  (iv) [or], (v), OR (VI) of this
subdivision. The loft board may grant an extension of  time  to  meet  a
requirement  specified in paragraph (ii), (iii), (iv) [or], (v), OR (VI)

S. 5881                             5

of this subdivision provided that the owner demonstrates that he/she has
made good faith efforts to satisfy the requirements.
  [(vii)]  (VIII)  If there is a finding by the loft board that an owner
has failed to satisfy any requirement specified  in  [paragraphs]  PARA-
GRAPH  (i),  (ii),  (iii), (iv) [and], (v), OR (VI) of this subdivision,
such owner shall be subject to all penalties set forth in article  eight
of this chapter.
  [(viii)]  (IX)  In addition to the penalties provided in article eight
of this chapter, if there is a finding by the loft board that  an  owner
has  failed  to  satisfy any requirement specified in [paragraphs] PARA-
GRAPH (i), (ii), (iii), (iv) [and], (v), OR (VI) of this subdivision,  a
court  may  order specific performance to enforce the provisions of this
article upon the application of three occupants of separate  residential
units,  qualified for the protection of this article, or upon the appli-
cation of the municipality.
  [(ix)] (X) If, as a consequence of  an  owner's  unlawful  failure  to
comply  with  the provisions of [paragraphs] PARAGRAPH (i), (ii), (iii),
(iv) [and], (v), OR (VI) of this subdivision, any  residential  occupant
qualified  for protection pursuant to this article is required to vacate
his or her unit as a result of a municipal vacate order,  such  occupant
may  recover  from  the  owner the fair market value of any improvements
made by such tenant and reasonable moving costs. Any vacate order issued
as to such unit by a local government shall be deemed an  order  to  the
owner to correct the non-compliant conditions, subject to the provisions
of  this article.  Furthermore, when such correction has been made, such
occupant shall have the right to re-occupy his or her unit and shall  be
entitled to all applicable tenant protections of this article.
  [(x)]  (XI) The occupants of a building shall, upon appropriate notice
regarding the timing and scope of the work required,  afford  the  owner
reasonable  access to their units so that the work necessary for compli-
ance with this  article  can  be  carried  out.  Access  shall  also  be
afforded,  upon  reasonable  prior notice, for the purpose of inspecting
and surveying units as may be required to comply with the provisions  of
this article and article seven-B of this chapter. Failure to comply with
an  order  of  the  loft  board  regarding  access  shall be grounds for
eviction of a tenant.
  S 4.  Subdivision 2 of section 285 of the multiple  dwelling  law,  as
amended  by  chapter  466  of  the  laws  of 1987, is amended to read as
follows:
  2. Notwithstanding any other provision of this article, an  owner  may
apply  to  the loft board for exemption of a building or portion thereof
from this article on the basis that  compliance  with  this  article  in
obtaining  a  legal  residential certificate of occupancy would cause an
unjustifiable hardship either because: (i) it would cause  an  unreason-
ably  adverse  impact  on a non-residential conforming use tenant within
the building or[,] (ii) the cost of compliance renders legal residential
conversion infeasible. Residential and other tenants shall be given  not
less  than  sixty  days  notice  in advance of the hearing date for such
application. If the loft board approves such application,  the  building
or  portion  thereof  shall  be  exempt  from  this  article, and may be
converted to non-residential conforming uses,  provided,  however,  that
the  owner  shall, as a condition of approval of such application, agree
to file an irrevocable recorded covenant in  form  satisfactory  to  the
loft  board  enforceable for fifteen years by the municipality, that the
building will not be re-converted to residential uses during such  time.
The  standard  for  granting such hardship application for a building or

S. 5881                             6

portion thereof shall be as follows: (a) the loft board shall only grant
the minimum relief necessary to relieve any alleged  hardship  with  the
understanding if compliance is reasonably possible it should be achieved
even if it requires alteration of units, relocation of tenants to vacant
space  within the building, re-design of space or application for a non-
use-related variance, special permit, minor modification or  administra-
tive  certification; (b) self-created hardship shall not be allowed; (c)
the test for cost infeasibility shall be that of a reasonable return  on
the  owner's  investment  not maximum return on investment; (d) the test
for unreasonably adverse impact  on  a  non-residential  conforming  use
tenant   shall  be  whether  residential  conversion  would  necessitate
displacement. Such hardship applications shall be submitted to the  loft
board  within nine months of the establishment of the loft board (or, in
the case of interim multiple dwellings referred to in  subdivision  four
of section two hundred eighty-one of this [chapter] ARTICLE, within nine
months  of  the effective date of [that] SUCH subdivision FOUR OR IN THE
CASE OF INTERIM MULTIPLE DWELLINGS  MADE  SUBJECT  TO  THIS  ARTICLE  BY
SUBDIVISION  FIVE  OF  SECTION  TWO  HUNDRED EIGHTY-ONE OF THIS ARTICLE,
WITHIN NINE MONTHS OF THE EFFECTIVE DATE OF SUCH SUBDIVISION FIVE),  but
shall  not  be considered, absent a waiver by the loft board, unless the
owner has also filed an alteration application. In determination of  any
such hardship application, the loft board may demand such information as
it deems necessary. In approving any such hardship application, the loft
board  may fix reasonable terms and conditions for the vacating of resi-
dential occupancy.
  S 5. Subparagraphs (A) and (B) of paragraph (ii) and  paragraph  (iii)
of  subdivision  2 of section 286 of the multiple dwelling law, subpara-
graphs (A) and (B) of paragraph (ii) as amended by section 3 of part  BB
of  chapter  85  of  the  laws of 2002 and paragraph (iii) as amended by
chapter 414 of the laws of 1999, are amended to read as follows:
  (A) Upon the owners' filing of an alteration application, as  required
by  paragraph (ii), (iii), (iv) [or], (v), OR (VI) of subdivision one of
section two hundred eighty-four of this article, an adjustment equal  to
six percent of the rent in effect at the time the owner files the alter-
ation application.
  (B)  Upon  obtaining  an  alteration  permit, as required by paragraph
(ii), (iii), (iv) [or], (v), OR (VI) of subdivision one of  section  two
hundred  eighty-four  of  this  article,  an  adjustment  equal to eight
percent of the rent in effect at the time the owner obtains  the  alter-
ation permit.
  (iii) Any rent adjustments pursuant to paragraph (ii) of this subdivi-
sion  shall  not  apply to units which were rented at market value after
June twenty-first, nineteen hundred eighty-two and prior to  June  twen-
ty-first,  nineteen  hundred ninety-two.  THIS PARAGRAPH SHALL NOT APPLY
TO UNITS MADE SUBJECT TO THIS ARTICLE BY SUBDIVISION FIVE OF SECTION TWO
HUNDRED EIGHTY-ONE OF THIS ARTICLE.
  S 6. Subdivision 3 of section 286 of the  multiple  dwelling  law,  as
added by chapter 349 of the laws of 1982, is amended to read as follows:
  3. Upon or after compliance with the safety and fire protection stand-
ards  of article seven-B of this chapter, an owner may apply to the loft
board for an adjustment of rent based upon the cost of such  compliance.
Upon approval by the loft board of such compliance, the loft board shall
set  the  initial  legal  regulated  rent, and each residential occupant
qualified for protection pursuant to this article  shall  be  offered  a
residential  lease  subject  to  the  provisions regarding evictions and
regulation of rent set forth in the emergency tenant protection  act  of

S. 5881                             7

nineteen seventy-four, except to the extent the provisions of this arti-
cle  are  inconsistent  with such act. [At such time, the owners of such
buildings shall join a real estate industry stabilization association in
accordance with such act.]
  S 7. Section 3 of chapter 349 of the laws of 1982, amending the multi-
ple  dwelling law relating to legalization of interim multiple dwellings
in cities over one million, as amended by section  1  of  part  PP-1  of
chapter 57 of the laws of 2008, is amended to read as follows:
  S  3. Effective date and termination. This act shall take effect imme-
diately. The provisions of this act  and  all  regulations,  orders  and
requirements thereunder shall terminate at the close of the calendar day
May 31, [2010] 2014.
  S  8. This act shall take effect immediately; provided that the amend-
ments to sections 281, 282, 284, 285 and  286  of  article  7-C  of  the
multiple dwelling law made by sections one through six of this act shall
not affect the repeal of such article and shall be deemed repealed ther-
ewith,  pursuant  to  section  3  of chapter 349 of the laws of 1982, as
amended.

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