senate Bill S4035

Signed By Governor
2011-2012 Legislative Session

Prohibits the interruption of service during review of an application by the loft board

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Archive: Last Bill Status Via A5375 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 20, 2011 signed chap.159
Jul 08, 2011 delivered to governor
Jun 23, 2011 returned to assembly
passed senate
3rd reading cal.621
substituted for s4035
Jun 23, 2011 substituted by a5375
May 17, 2011 advanced to third reading
May 16, 2011 2nd report cal.
May 11, 2011 1st report cal.621
Mar 15, 2011 referred to housing, construction and community development

Votes

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May 11, 2011 - Housing, Construction and Community Development committee Vote

S4035
8
0
committee
8
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Housing, Construction and Community Development Committee Vote: May 11, 2011

S4035 - Bill Details

See Assembly Version of this Bill:
A5375
Law Section:
Multiple Dwelling Law
Laws Affected:
Amd ยง282-a, Mult Dwell L

S4035 - Bill Texts

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Prohibits the interruption of service during review of an application by the loft board.

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BILL NUMBER:S4035

TITLE OF BILL:
An act
to amend the multiple dwelling law, in relation to prohibiting service
interruption

PURPOSE OR GENERAL IDEA OF THE BILL:
The purpose of this bill is to
prohibit building owners from interrupting or discontinuing essential
services from the time an occupant files and application for coverage
under the Loft Law, until a final determination, including appeals,
has been made by the Loft Board to approve or deny such applications.

SUMMARY OF SPECIFIC PROVISIONS:
This bill amends section 282-a of the multiple dwelling law.

JUSTIFICATION:
The Loft Law expansion passed in June 2010 opened up
the original Loft Law to eligible Loft Tenants throughout New York
City and affords those tenants stringent protections and rent
stabilization, among a host of other benefits. However, until the
Loft Board makes a final decision on an application for coverage,
sometimes after a lengthy appeals process, loft occupants are not
legally afforded the basic rights attached to residential occupancy,
including the right to be heard in Housing Court and the warranty of
habitability. Similarly, because until the Loft Board makes its
decision loft occupants have no legal status as residential tenants
of any kind, they are unable to turn to any City or State agency for
assistance with simple landlord-tenant issues.

In some circumstances where occupants have applied for Loft Law
coverage, building owners who have allowed for and encouraged the
illegal residential conversion of their buildings for years have
retaliated against those occupants, hoping to evade the requirements
of the Loft Law, including bringing their buildings up to safety
code. In response to instances where owners have harassed occupants,
purposefully vacated their buildings and sent long-time occupants out
on the street, cut off heat strategically in the coldest winter days
and cut off water to try to force the residents to leave, this
legislation protects these occupants against the interruption of
essential services such as heat and hot water - the most basic and
necessary of protections. This legislation deems it unlawful to cut
off such basic services to loft occupants who have applied to the
Loft Board in accordance with the 2010 law and allows them to be
heard in Housing Court in the event of an interruption of essential
services, the most proper venue for issues of this kind.

PRIOR LEGISLATIVE HISTORY:
New legislation.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.


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

                                  4035

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 15, 2011
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Housing, Construction  and
  Community Development

AN  ACT  to  amend the multiple dwelling law, in relation to prohibiting
  service interruption

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

  Section  1.  Section  282-a  of the multiple dwelling law, as added by
chapter 147 of the laws of 2010, is amended to read as follows:
  S 282-a. Limitation on applications for coverage of  interim  multiple
dwellings and residential units. 1. 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  ONE
HUNDRED  FORTY-SEVEN  of the laws of [2010 which added this section] TWO
THOUSAND TEN.   The loft board may subsequently  amend  such  rules  and
regulations  but such amendments shall not recommence the time period in
which applications may be filed.  Notwithstanding any other provision of
this article, after such date no further applications  for  registration
or  coverage  as an interim multiple dwelling 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.
  2. WHERE ANY OCCUPANT HAS FILED AN APPLICATION FOR  COVERAGE  PURSUANT
TO THIS ARTICLE AND HAS RECEIVED A DOCKET NUMBER FROM THE LOFT BOARD, IT
SHALL BE UNLAWFUL FOR AN OWNER TO CAUSE OR INTEND TO CAUSE SUCH OCCUPANT
TO  VACATE, SURRENDER OR WAIVE ANY RIGHTS IN RELATION TO SUCH OCCUPANCY,
DUE TO REPEATED INTERRUPTIONS OR DISCONTINUANCES OF ESSENTIAL  SERVICES,
OR  AN  INTERRUPTION  OR  DISCONTINUANCE  OF AN ESSENTIAL SERVICE FOR AN
EXTENDED DURATION OR OF SUCH SIGNIFICANCE  AS  TO  SUBSTANTIALLY  IMPAIR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08755-03-1

S. 4035                             2

HABITABILITY  OF SUCH UNIT, AT ANY TIME BEFORE THE LOFT BOARD HAS MADE A
FINAL DETERMINATION, INCLUDING APPEALS, TO APPROVE OR DENY SUCH APPLICA-
TION. THIS SUBDIVISION SHALL NOT GRANT ANY RIGHTS OF CONTINUED OCCUPANCY
OTHER  THAN THOSE OTHERWISE GRANTED BY LAW. ANY AGREEMENT THAT WAIVES OR
LIMITS THE BENEFITS OF THIS SUBDIVISION SHALL BE DEEMED VOID AS  AGAINST
PUBLIC  POLICY. IN ADDITION TO ANY OTHER REMEDIES PROVIDED IN THIS ARTI-
CLE FOR FAILURE TO BE IN COMPLIANCE, IN ARTICLE EIGHT OF  THIS  CHAPTER,
OR IN THE REGULATIONS PROMULGATED BY THE LOFT BOARD, AN OCCUPANT WHO HAS
FILED AN APPLICATION WITH THE LOFT BOARD FOR COVERAGE UNDER THIS ARTICLE
MAY,  NO  LATER  THAN  THIRTY-SIX MONTHS AFTER THE LOFT BOARD SHALL HAVE
ADOPTED RULES AND REGULATIONS AS SET FORTH IN SUBDIVISION  ONE  OF  THIS
SECTION, COMMENCE AN ACTION OR PROCEEDING IN A COURT OF COMPETENT JURIS-
DICTION,  WHICH NOTWITHSTANDING ANY OTHER PROVISION OF LAW SHALL INCLUDE
THE HOUSING PART OF THE NEW  YORK  CITY  CIVIL  COURT,  TO  ENFORCE  THE
PROVISIONS OF THIS SUBDIVISION.
  S 2. This act shall take effect immediately.

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