Senate Bill S55

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

                                   55

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by Sens. HOYLMAN, KRUEGER, SQUADRON -- 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 coverage of
  interim multiple dwellings and owner obligations

  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 amended by
chapter 159 of the laws of 2011, is amended to read as follows:
  S 282-a. [Limitation on applications]  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
chapter one hundred forty-seven of the laws of  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 qual-
ify as interim multiple dwellings or for coverage pursuant to this arti-
cle.
  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

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

                                                           LBD01953-01-5

S. 55                               2

extended  duration  or  of  such significance as to substantially impair
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] SECTION 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]  SECTION  shall  be
deemed  void as against public policy. In addition to any other remedies
provided in this article 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  jurisdiction,  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] SECTION.
  S 2. Paragraph (vi) of subdivision 1 of section 284  of  the  multiple
dwelling law, as amended by chapter 4 of the laws of 2013, is amended to
read as follows:
  (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  thou-
sand   ten   which   amended  this  subparagraph]  ON  OR  BEFORE  MARCH
TWENTY-FIRST, TWO THOUSAND ELEVEN, or, for units that became subject  to
this  article pursuant to [the] chapter FOUR of the laws of two thousand
thirteen [which amended  this  paragraph,  within  nine  months  of  the
promulgation  of all necessary rules and regulations pursuant to section
two hundred eighty-two-a of this article]ON OR BEFORE JUNE ELEVENTH, TWO
THOUSAND FOURTEEN, OR, FOR UNITS IN AN INTERIM  MULTIPLE  DWELLING  THAT
WERE  LISTED  ON  AN APPLICATION FOR COVERAGE OR REGISTRATION FILED WITH
THE LOFT BOARD PURSUANT TO THIS ARTICLE OR IN  A  COURT  PLEADING  AFTER
MARCH  ELEVENTH, TWO THOUSAND FOURTEEN, WITHIN NINE MONTHS OF EITHER THE
DATE OF THE INITIAL APPLICATION FOR COVERAGE OR THE  DATE  OF  THE  LOFT
BOARD'S  ISSUANCE  OF AN INTERIM MULTIPLE DWELLING NUMBER OR THE DATE OF
THE SERVICE OF THE PLEADING, WHICHEVER IS EARLIER, and  (B)  shall  take
all  reasonable  and  necessary  action to obtain an approved alteration
permit [within twelve months from such effective date] ON OR BEFORE JUNE
TWENTY-FIRST, TWO THOUSAND ELEVEN, or, for units that became subject  to
this  article pursuant to [the] chapter FOUR of the laws of two thousand
thirteen [which amended this paragraph,  within  twelve  months  of  the
promulgation  of all necessary rules and regulations pursuant to section
two hundred eighty-two-a of this article] ON OR BEFORE  SEPTEMBER  ELEV-
ENTH, TWO THOUSAND FOURTEEN, OR, FOR UNITS IN AN INTERIM MULTIPLE DWELL-
ING  THAT  WERE  LISTED  ON  AN APPLICATION FOR COVERAGE OR REGISTRATION
FILED WITH THE LOFT BOARD PURSUANT TO THIS ARTICLE OR IN A COURT  PLEAD-
ING AFTER MARCH ELEVENTH, TWO THOUSAND FOURTEEN, WITHIN TWELVE MONTHS OF
EITHER  THE  DATE OF THE INITIAL APPLICATION FOR COVERAGE OR THE DATE OF
THE LOFT BOARD'S ISSUANCE OF AN INTERIM MULTIPLE DWELLING NUMBER OR  THE
DATE OF THE SERVICE OF THE PLEADING, WHICHEVER IS EARLIER, 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, and (D) shall take all reasonable and necessary action to obtain
a  certificate of occupancy as a class A multiple dwelling for the resi-

S. 55                               3

dential portions of the building or structure [within thirty months from
such effective date] ON OR BEFORE DECEMBER  TWENTY-FIRST,  TWO  THOUSAND
TWELVE,  or  for  units  that became subject to this article pursuant to
[the]  chapter  FOUR of the laws of two thousand thirteen [which amended
this paragraph within thirty months of the promulgation of all necessary
rules and regulations pursuant to section two  hundred  eighty-two-a  of
this article] ON OR BEFORE MARCH ELEVENTH, TWO THOUSAND SIXTEEN, OR, FOR
UNITS IN AN INTERIM MULTIPLE DWELLING THAT WERE LISTED ON AN APPLICATION
FOR  COVERAGE OR REGISTRATION FILED WITH THE LOFT BOARD PURSUANT TO THIS
ARTICLE OR IN A COURT PLEADING AFTER MARCH ELEVENTH, TWO THOUSAND  FOUR-
TEEN, WITHIN THIRTY MONTHS OF EITHER THE DATE OF THE INITIAL APPLICATION
FOR  COVERAGE  OR  THE  DATE  OF THE LOFT BOARD'S ISSUANCE OF AN INTERIM
MULTIPLE DWELLING NUMBER OR THE DATE OF THE  SERVICE  OF  THE  PLEADING,
WHICHEVER  IS  EARLIER.  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.
  S  3.  Paragraph  (vi) of subdivision 1 of section 284 of the multiple
dwelling law, as amended by chapter 135 of the laws of 2010, is  amended
to read as follows:
  (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  thou-
sand   ten   which   amended  this  subparagraph]  ON  OR  BEFORE  MARCH
TWENTY-FIRST, TWO THOUSAND ELEVEN, OR, FOR UNITS IN AN INTERIM  MULTIPLE
DWELLING THAT WERE LISTED ON AN APPLICATION FOR COVERAGE OR REGISTRATION
FILED  WITH THE LOFT BOARD PURSUANT TO THIS ARTICLE OR IN A COURT PLEAD-
ING AFTER MARCH ELEVENTH, TWO THOUSAND FOURTEEN, WITHIN NINE  MONTHS  OF
EITHER  THE  DATE OF THE INITIAL APPLICATION FOR COVERAGE OR THE DATE OF
THE LOFT BOARD'S ISSUANCE OF AN INTERIM MULTIPLE DWELLING NUMBER OR  THE
DATE  OF THE SERVICE OF THE PLEADING, WHICHEVER IS EARLIER and (B) shall
take all reasonable and necessary action to obtain  an  approved  alter-
ation  permit  [within  twelve  months  from  such effective date] ON OR
BEFORE JUNE TWENTY-FIRST, TWO THOUSAND  ELEVEN,  OR,  FOR  UNITS  IN  AN
INTERIM  MULTIPLE DWELLING THAT WERE LISTED ON AN APPLICATION FOR COVER-
AGE OR REGISTRATION FILED WITH THE LOFT BOARD PURSUANT TO  THIS  ARTICLE
OR  IN  A  COURT  PLEADING  AFTER MARCH ELEVENTH, TWO THOUSAND FOURTEEN,
WITHIN TWELVE MONTHS OF EITHER THE DATE OF THE INITIAL  APPLICATION  FOR
COVERAGE OR THE DATE OF THE LOFT BOARD'S ISSUANCE OF AN INTERIM MULTIPLE
DWELLING NUMBER OR THE DATE OF THE SERVICE OF THE PLEADING, WHICHEVER IS
EARLIER  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 obtain-
ing 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 dwell-
ing  for  the  residential portions of the building or structure [within
thirty-six  months  from  such  effective  date]  ON  OR   BEFORE   JUNE
TWENTY-FIRST,  TWO THOUSAND THIRTEEN, OR, FOR UNITS IN AN INTERIM MULTI-
PLE DWELLING THAT WERE LISTED ON AN APPLICATION FOR COVERAGE  OR  REGIS-
TRATION FILED WITH THE LOFT BOARD PURSUANT TO THIS ARTICLE OR IN A COURT
PLEADING  AFTER MARCH ELEVENTH, TWO THOUSAND FOURTEEN, WITHIN THIRTY-SIX
MONTHS OF EITHER THE DATE OF THE INITIAL APPLICATION FOR COVERAGE OR THE

S. 55                               4

DATE OF THE LOFT BOARD'S ISSUANCE OF AN INTERIM MULTIPLE DWELLING NUMBER
OR THE DATE OF THE SERVICE OF THE PLEADING, WHICHEVER  IS  EARLIER.  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 require-
ment to obtain a residential certificate of occupancy for periods not to
exceed twelve months each.
  S 4. This act shall take effect immediately and  shall  be  deemed  to
have  been  in  full  force  and  effect  on  and  after March 11, 2014;
provided, however, that the amendments to paragraph (vi) of  subdivision
1  of  section  284  of the multiple dwelling law made by section two of
this act shall be subject to the expiration and reversion of such  para-
graph pursuant to subdivision (h) of section 27 of chapter 4 of the laws
of 2013, as amended, when upon such date the provisions of section three
of this act shall take effect.