S T A T E O F N E W Y O R K
________________________________________________________________________
10417
I N A S S E M B L Y
May 29, 2012
___________
Introduced by M. of A. V. LOPEZ -- read once and referred to the Commit-
tee 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
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 139 of the laws of 2011, 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, HOWEVER, THAT
AN "INTERIM MULTIPLE DWELLING" SHALL ALSO INCLUDE BUILDINGS, STRUCTURES
OR PORTIONS THEREOF LOCATED IN A CITY OF MORE THAN ONE MILLION PERSONS
THAT HAS A UNIT OCCUPIED FOR RESIDENTIAL PURPOSES THAT HAS BEEN CONTIN-
UOUSLY OCCUPIED BY A RESIDENT FOR AT LEAST TWENTY YEARS AND HAS AT ANY
POINT IN TIME CONTAINED THREE OR MORE UNITS OCCUPIED FOR RESIDENTIAL
PURPOSES, AND PROVIDED FURTHER that the unit: is not located in a base-
ment 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 multi-
ple 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16020-01-2
A. 10417 2
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 fron-
tage on either side of forty-seventh avenue or is located north of
forty-seventh avenue 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 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 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 building 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-re-
sidential space in a building as of the effective date of this subdivi-
sion shall be offered for residential use only after the obtaining of a
residential certificate of occupancy 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.