senate Bill S4945

Signed By Governor
2011-2012 Legislative Session

Relates to interim multiple dwellings in a city with a population of one million or more persons

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Archive: Last Bill Status Via A4937 - 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 18, 2011 signed chap.139
Jul 08, 2011 delivered to governor
Jun 22, 2011 returned to assembly
passed senate
3rd reading cal.1032
substituted for s4945
Jun 22, 2011 substituted by a4937
Jun 14, 2011 advanced to third reading
Jun 13, 2011 2nd report cal.
Jun 07, 2011 1st report cal.1032
May 02, 2011 referred to housing, construction and community development

Votes

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Jun 7, 2011 - Housing, Construction and Community Development committee Vote

S4945
8
0
committee
8
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Housing, Construction and Community Development committee vote details

Housing, Construction and Community Development Committee Vote: Jun 7, 2011

S4945 - Bill Details

See Assembly Version of this Bill:
A4937
Law Section:
Multiple Dwelling Law
Laws Affected:
Amd ยง281, Mult Dwell L
Versions Introduced in 2009-2010 Legislative Session:
S8447, A11606A

S4945 - Bill Texts

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Relates to interim multiple dwellings in a city with a population of one million or more persons.

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BILL NUMBER:S4945

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

PURPOSE:
The purpose of this bill is to correct a technical error in previous
legislation by changing a reference from forty-seventh street to
forty-seventh avenue.

SUMMARY OF PROVISIONS:
This bill would amend subdivision 5 of section 281 of the
multiple dwelling law by
changing "forty-seventh street" in Long Island city to
"forty-seventh avenue," to accurately reflect the intent of recent
amendments to the Loft Law.

JUSTIFICATION:
This bill corrects a technical error in prior legislation to reflect
the Assembly's original intention. By changing "street" to "avenue,"
the correct portions of an industrial business zone is included as
interim multiple dwellings.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
Minimal.

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
________________________________________________________________________

                                  4945

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 2, 2011
                               ___________

Introduced  by  Sen.  YOUNG  -- 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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09336-01-1

S. 4945                             2

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
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.

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