The New York State Senate

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

                                  8409

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                              June 13, 2017
                               ___________

Introduced  by M. of A. GLICK, LENTOL, DAVILA, CYMBROWITZ, NOLAN -- read
  once and referred to the Committee on Housing

AN ACT to amend the multiple dwelling law, in relation to interim multi-
  ple dwellings

  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 4 of the laws of  2013,  is  amended  to  read  as
follows:
  5.  (A)  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 subdi-
vision  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 residen-
tial 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 SEEKING COVERAGE:  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 municipality,] and is at least four hundred square
feet in area.
  (B) 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  admin-
istrative  code  of  the  city of New 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

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

                                                           LBD13075-06-7

A. 8409                             2

business zone that has frontage 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 multi-
ple dwelling," or (ii) units in any building, other than a building that
is already defined as an "interim multiple dwelling" pursuant to  subdi-
vision  one,  two, three or four of this section, that, at the time this
subdivision shall  take  effect  and  continuing  at  the  time  of  the
submission  of an application for coverage by any party, also contains a
use actively and currently pursued,  which  use  is  set  forth  in  use
[groups  fifteen  through]  GROUP  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 regu-
lation  is  inherently  incompatible  with  residential  use in the same
building, provided that the loft board may by rule exempt categories  of
units  or buildings from such use incompatibility determinations includ-
ing but not limited to residentially occupied units or subcategories  of
such  units,  and  provided, further that if a building does not contain
such active uses at the time this subdivision takes  effect,  no  subse-
quent  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.
  (C)  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 thir-
ty-first, two thousand nine and subject to all the conditions and  limi-
tations of this subdivision other than the number of units in the build-
ing.  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.
  §  2.  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.  (A)  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 subdi-
vision  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 residen-
tial 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 SEEKING COVERAGE:  is not located in a [basement or] cellar and has

A. 8409                             3

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.  (B) The term "interim multiple dwelling"  as  used
in  this  subdivision  shall not include [(i)] any building in an indus-
trial business zone established pursuant to chapter six-D of title twen-
ty-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 a building located in that portion of the Long Island
city industrial business zone  that  has  frontage  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, OTHER THAN A BUILDING THAT IS ALREADY DEFINED AS  AN  "INTERIM
MULTIPLE  DWELLING"  PURSUANT  TO SUBDIVISION ONE, TWO, THREE OR FOUR OF
THIS SECTION, that, at the time this subdivision shall take  effect  AND
CONTINUING  AT THE TIME OF THE SUBMISSION OF AN APPLICATION FOR COVERAGE
BY ANY PARTY, also contains a use actively and currently pursued,  which
use  is  set  forth  in  use [groups fifteen through] GROUP 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 deter-
mined  in  rules and regulation is inherently incompatible with residen-
tial use in the same building, provided that THE LOFT BOARD MAY BY  RULE
EXEMPT  CATEGORIES  OF  UNITS OR BUILDINGS FROM SUCH USE INCOMPATIBILITY
DETERMINATIONS INCLUDING BUT NOT LIMITED TO RESIDENTIALLY OCCUPIED UNITS
OR SUBCATEGORIES OF SUCH UNITS, AND PROVIDED, FURTHER 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.  (C) 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-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.
  § 3.  Section 281 of the multiple dwelling law is amended by adding  a
new subdivision 6 to read as follows:
  6.  (A)  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 SUBDI-

A. 8409                             4

VISION  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 RESIDEN-
TIAL  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 FIFTEEN,
AND ENDING DECEMBER THIRTY-FIRST, TWO THOUSAND  SIXTEEN,  PROVIDED  THAT
THE  UNIT  SEEKING COVERAGE: IS NOT LOCATED IN A CELLAR AND HAS AT LEAST
ONE ENTRANCE THAT DOES NOT REQUIRE PASSAGE THROUGH  ANOTHER  RESIDENTIAL
UNIT  TO  OBTAIN ACCESS TO THE UNIT, AND IS AT LEAST FOUR HUNDRED SQUARE
FEET IN AREA.
  (B) THE TERM "INTERIM MULTIPLE DWELLING" AS USED IN  THIS  SUBDIVISION
SHALL NOT INCLUDE (I) ANY BUILDING IN AN INDUSTRIAL BUSINESS ZONE ESTAB-
LISHED  PURSUANT TO CHAPTER SIX-D OF TITLE TWENTY-TWO OF THE ADMINISTRA-
TIVE CODE OF THE CITY  OF  NEW  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 FRONTAGE 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  MULTI-
PLE DWELLING".
  (C)  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  FIFTEEN, AND ENDING DECEMBER
THIRTY-FIRST, TWO THOUSAND SIXTEEN 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.
  § 4. Section 282 of the multiple dwelling law, as amended  by  chapter
147 of the laws of 2010, is amended to read as follows:
  §  282.  Establishment  of  special loft unit. (1) 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-

A. 8409                             5

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 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)]  (I)
the  determination  of interim multiple dwelling status and other issues
of coverage pursuant to this article; [(b)] (II) the resolution  of  all
hardship  appeals  brought  under this article; [(c)] (III) the determi-
nation of any claim for rent adjustment under this article by  an  owner
or  tenant;  [(d)]  (IV)  the  issuance, after a public hearing, and the
enforcement of rules and regulations governing minimum  housing  mainte-
nance 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  article;  and  [(e)]  (V)
determination  of  controversies arising over the fair market value of a
residential tenant's fixtures or reasonable moving expenses.
  (2) 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 [seventeen thousand five hundred] TWENTY-FIVE  THOU-
SAND  dollars which may be recovered by the municipality by a proceeding
in any court of competent jurisdiction.   THE  CORPORATION  COUNSEL  MAY
BRING  AND  MAINTAIN  A  CIVIL PROCEEDING IN THE NAME OF THE CITY IN THE
SUPREME COURT OF THE COUNTY IN WHICH THE BUILDING, ERECTION OR PLACE  IS
LOCATED  TO ENJOIN VIOLATIONS OF THIS ARTICLE. The loft board may desig-
nate provisions  of  such  rules  and  regulations  for  enforcement  in
proceedings before the environmental control board of such municipality.
Notices  of violation returnable to such environmental control board may
be issued by officers and employees of the department  of  buildings  of
such municipality and served in the same manner as violations returnable
to  such  board within the jurisdiction of such department. The environ-
mental control board, when acting as the designee  of  the  loft  board,
shall  have  the  power to impose civil penalties, not to exceed [seven-
teen] TWENTY-FIVE thousand [five hundred] dollars  for  each  violation,
and  to issue judgments, which may be docketed and enforced as set forth
in section one thousand forty-nine-a of the New York city charter.
  (3) The loft board may charge  and  collect  reasonable  fees  in  the
execution  of its responsibilities. The loft board may administer oaths,
take affidavits, hear testimony, and take proof under oath at public  or
private hearings.
  § 5. Section 282-a of the multiple dwelling law, as amended by section
22  of  part  A of chapter 20 of the laws of 2015, is amended to read as
follows:
  § 282-a. 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  arti-
cle  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, provided, however, that  applications  for
registration as an interim multiple dwelling or for coverage of residen-
tial  units  under  this article may also be filed for a two-year period
starting from the effective date of the chapter of the laws of two thou-
sand fifteen which amended this section. The loft board may subsequently

A. 8409                             6

amend such rules and regulations but such amendments  shall  not  recom-
mence the time period in which applications may be filed.
  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
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  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  section 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 commence an action or proceeding in a court of  competent  jurisdic-
tion, 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 section.
  §  6.  Paragraph  (vi) of subdivision 1 of section 284 of the multiple
dwelling law, as amended by section 22-a of part A of chapter 20 of  the
laws of 2015, 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 on or before March
twenty-first,  two thousand eleven, or, for units that became subject to
this article pursuant to chapter four of the laws of two thousand  thir-
teen  on  or  before June eleventh, two thousand fourteen, or, FOR UNITS
THAT BECAME SUBJECT TO THIS ARTICLE PURSUANT TO THE CHAPTER OF THE  LAWS
OF TWO THOUSAND SEVENTEEN THAT AMENDED THIS PARAGRAPH WITHIN NINE MONTHS
FROM  SUCH  EFFECTIVE DATE, 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 alter-
ation permit on or before June twenty-first, two  thousand  eleven,  or,
for  units  that became subject to this article pursuant to chapter four
of the laws of two thousand thirteen on or  before  September  eleventh,
two thousand fourteen, or, FOR UNITS THAT BECAME SUBJECT TO THIS ARTICLE
PURSUANT  TO  THE  CHAPTER  OF  THE  LAWS OF TWO THOUSAND SEVENTEEN THAT
AMENDED THIS PARAGRAPH WITHIN TWELVE MONTHS FROM SUCH EFFECTIVE DATE, OR
for units in an interim multiple dwelling that were listed on an  appli-
cation  for  coverage or registration filed with the loft board pursuant
to this article or in a court pleading after March eleventh,  two  thou-
sand  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

A. 8409                             7

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 residential portions of
the  building or structure on or before December twenty-first, two thou-
sand twelve, or for units that became subject to this  article  pursuant
to  chapter four of the laws of two thousand thirteen on or before March
eleventh, two thousand sixteen, or, FOR UNITS  THAT  BECAME  SUBJECT  TO
THIS  ARTICLE PURSUANT TO THE CHAPTER OF THE LAWS OF TWO THOUSAND SEVEN-
TEEN THAT AMENDED THIS PARAGRAPH  WITHIN  THIRTY-SIX  MONTHS  FROM  SUCH
EFFECTIVE  DATE,  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 sixteen, 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.
  §  7.  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 ONE HUNDRED THIRTY-FIVE of the
laws of two thousand ten [which amended this subparagraph], OR FOR UNITS
THAT BECAME SUBJECT TO THIS ARTICLE PURSUANT TO THE CHAPTER OF THE  LAWS
OF TWO THOUSAND SEVENTEEN THAT AMENDED THIS PARAGRAPH WITHIN NINE MONTHS
FROM  SUCH  EFFECTIVE DATE, and (B) shall take all reasonable and neces-
sary action to obtain an approved alteration permit within twelve months
from such effective date, OR FOR UNITS THAT BECAME SUBJECT TO THIS ARTI-
CLE PURSUANT TO THE CHAPTER OF THE LAWS OF TWO THOUSAND  SEVENTEEN  THAT
AMENDED  THIS  PARAGRAPH  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 residen-
tial 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, OR FOR UNITS THAT BECAME SUBJECT TO
THIS ARTICLE PURSUANT TO THE CHAPTER OF THE LAWS OF TWO THOUSAND  SEVEN-
TEEN  THAT  AMENDED  THIS  PARAGRAPH  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.
  § 8. Paragraphs (vii), (viii), (ix), (x) and (xi) of subdivision 1 and
subdivision  2  of  section 284 of the multiple dwelling law, paragraphs
(vii), (viii), (ix), (x) and (xi) of subdivision 1 as amended by chapter

A. 8409                             8

135 of the laws of 2010 and subdivision 2 as added by chapter 349 of the
laws of 1982, are amended to read as follows:
  (vii) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS (I) THROUGH (VI) OF
THIS  SUBDIVISION THE OWNER OF AN INTERIM MULTIPLE DWELLING MADE SUBJECT
TO THIS ARTICLE BY SUBDIVISION SIX 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
SEVENTEEN THAT AMENDED THIS PARAGRAPH, 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.
  (VIII) An owner who is unable to satisfy any requirement specified  in
paragraph  (ii),  (iii),  (iv),  (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 [(xi)] (XII) of this subdivision, may
apply to the loft board for an extension of time to meet the requirement
specified in paragraph (ii), (iii), (iv), (v), or (vi) of this  subdivi-
sion.  The  loft board may grant an extension of time to meet a require-
ment specified in paragraph (ii), (iii), (iv),  (v),  or  (vi)  of  this
subdivision  provided  that  the owner demonstrates that he/she has made
good faith efforts to satisfy the requirements.
  [(viii)] (IX) If there is a finding by the loft board  that  an  owner
has  failed to satisfy any requirement specified in paragraph (i), (ii),
(iii), (iv), (v), or (vi) of  this  subdivision,  such  owner  shall  be
subject to all penalties set forth in article eight of this chapter.
  [(ix)]  (X)  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 paragraph (i), (ii),
(iii), (iv), (v), or (vi) of this subdivision, a court may order specif-
ic performance to enforce the provisions of this article upon the appli-
cation of three occupants of separate residential units,  qualified  for
the  protection  of this article, or upon the application of the munici-
pality.
  [(x)] (XI) If, as a consequence of  an  owner's  unlawful  failure  to
comply  with the provisions of paragraph (i), (ii), (iii), (iv), (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

A. 8409                             9

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.
  [(xi)]  (XII)  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
compliance 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.
  2. Every owner of an interim multiple  dwelling,  every  lessee  of  a
whole  building part of which is an interim multiple dwelling, and every
agent or other person having control of such a dwelling,  shall,  within
[sixty  days  of the effective date of the act which added this article]
FIFTEEN BUSINESS DAYS, file with the loft board or any  other  authority
designated  by  the  mayor a notice in conformity with all provisions of
section three hundred twenty-five of this chapter  and  with  rules  and
regulations to be promulgated by the loft board.
  § 9.  This act shall take effect immediately, provided that:
  (a)  the amendments to subdivision five of section 281 of the multiple
dwelling law made by section one of this act shall  be  subject  to  the
expiration and reversion of such subdivision 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 two of this act shall  take  effect;
and
  (b)  the  amendments to paragraph (vi) of subdivision 1 of section 284
of the multiple dwelling law made by section seven of this act shall  be
subject to the expiration and reversion of such paragraph when upon such
date section eight of this act shall take effect.

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

                                 8409--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                              June 13, 2017
                               ___________

Introduced  by M. of A. GLICK, LENTOL, DAVILA, CYMBROWITZ, NOLAN, ORTIZ,
  ROSENTHAL, NIOU, MOSLEY, SEPULVEDA, GOTTFRIED, COOK -- read  once  and
  referred  to  the  Committee  on Housing -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN ACT to amend the multiple dwelling law, in relation to interim multi-
  ple dwellings

  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  4  of  the laws of 2013, is amended to read as
follows:
  5. (A) 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 subdi-
vision 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  residen-
tial  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 SEEKING COVERAGE:  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 municipality,] and is at least four  hundred  square
feet in area.
  (B)  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 admin-

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

                                                           LBD13075-08-7

A. 8409--A                          2

istrative code of the city of New 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 frontage 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  multi-
ple dwelling," or (ii) units in any building, other than a building that
is  already defined as an "interim multiple dwelling" pursuant to subdi-
vision one, two, three or four of this section, that, at the  time  this
subdivision  shall  take  effect  and  continuing  at  the  time  of the
submission of an application for coverage by any party, also contains  a
use  actively  and  currently  pursued,  which  use  is set forth in use
[groups fifteen through] GROUP 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 regu-
lation is inherently incompatible  with  residential  use  in  the  same
building,  provided that the loft board may by rule exempt categories of
units or buildings from such use incompatibility determinations  includ-
ing  but not limited to residentially occupied units or subcategories of
such units, and provided, further that if a building  does  not  contain
such  active  uses  at the time this subdivision takes effect, no subse-
quent 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.
  (C) 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  thir-
ty-first,  two thousand nine and subject to all the conditions and limi-
tations of this subdivision other than the number of units in the build-
ing. 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.
  § 2. 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. (A) 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 subdi-
vision 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  residen-
tial  purposes  as  the  residence or home of any three or more families
living independently from one another for a period of twelve consecutive

A. 8409--A                          3

months during the period commencing January first, two  thousand  eight,
and  ending  December thirty-first, two thousand nine, provided that the
unit SEEKING COVERAGE:  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  municipality,] and is at least five hundred fifty
square feet in area.  (B) The term "interim multiple dwelling"  as  used
in  this  subdivision  shall not include [(i)] any building in an indus-
trial business zone established pursuant to chapter six-D of title twen-
ty-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 a building located in that portion of the Long Island
city industrial business zone  that  has  frontage  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, OTHER THAN A BUILDING THAT IS ALREADY DEFINED AS  AN  "INTERIM
MULTIPLE  DWELLING"  PURSUANT  TO SUBDIVISION ONE, TWO, THREE OR FOUR OF
THIS SECTION, that, at the time this subdivision shall take  effect  AND
CONTINUING  AT THE TIME OF THE SUBMISSION OF AN APPLICATION FOR COVERAGE
BY ANY PARTY, also contains a use actively and currently pursued,  which
use  is  set  forth  in  use [groups fifteen through] GROUP 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 deter-
mined  in  rules and regulation is inherently incompatible with residen-
tial use in the same building, provided that THE LOFT BOARD MAY BY  RULE
EXEMPT  CATEGORIES  OF  UNITS OR BUILDINGS FROM SUCH USE INCOMPATIBILITY
DETERMINATIONS INCLUDING BUT NOT LIMITED TO RESIDENTIALLY OCCUPIED UNITS
OR SUBCATEGORIES OF SUCH UNITS, AND PROVIDED, FURTHER 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.  (C) 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-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.
  § 3.  Section 281 of the multiple dwelling law is amended by adding  a
new subdivision 6 to read as follows:

A. 8409--A                          4

  6.  (A)  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 SUBDI-
VISION  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  RESIDEN-
TIAL  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 FIFTEEN,
AND ENDING DECEMBER THIRTY-FIRST, TWO THOUSAND  SIXTEEN,  PROVIDED  THAT
THE  UNIT  SEEKING COVERAGE: IS NOT LOCATED IN A CELLAR AND HAS AT LEAST
ONE ENTRANCE THAT DOES NOT REQUIRE PASSAGE THROUGH  ANOTHER  RESIDENTIAL
UNIT  TO  OBTAIN ACCESS TO THE UNIT, AND IS AT LEAST FOUR HUNDRED SQUARE
FEET IN AREA.
  (B) THE TERM "INTERIM MULTIPLE DWELLING" AS USED IN  THIS  SUBDIVISION
SHALL NOT INCLUDE (I) ANY BUILDING IN AN INDUSTRIAL BUSINESS ZONE ESTAB-
LISHED  PURSUANT TO CHAPTER SIX-D OF TITLE TWENTY-TWO OF THE ADMINISTRA-
TIVE CODE OF THE CITY  OF  NEW  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 FRONTAGE 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  MULTI-
PLE DWELLING", OR (II) UNITS IN ANY BUILDING, OTHER THAN A BUILDING THAT
IS  ALREADY DEFINED AS AN "INTERIM MULTIPLE DWELLING" PURSUANT TO SUBDI-
VISION ONE, TWO, THREE OR FOUR OF THIS SECTION, THAT, AT THE  TIME  THIS
SUBDIVISION  SHALL  TAKE  EFFECT  AND  CONTINUING  AT  THE  TIME  OF THE
SUBMISSION OF AN APPLICATION FOR COVERAGE BY ANY PARTY, ALSO CONTAINS  A
USE  ACTIVELY AND CURRENTLY PURSUED, WHICH USE IS SET FORTH IN USE GROUP
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 THE LOFT BOARD MAY
BY RULE EXEMPT CATEGORIES OF UNITS OR BUILDINGS FROM SUCH USE  INCOMPAT-
IBILITY  DETERMINATIONS INCLUDING BUT NOT LIMITED TO RESIDENTIALLY OCCU-
PIED UNITS OR SUBCATEGORIES OF SUCH UNITS, AND PROVIDED, FURTHER 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.
  (C)  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  FIFTEEN, AND ENDING DECEMBER
THIRTY-FIRST, TWO THOUSAND SIXTEEN 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-

A. 8409--A                          5

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.
  § 4. Section 282 of the multiple dwelling law, as amended  by  chapter
147 of the laws of 2010, is amended to read as follows:
  §  282.  Establishment  of  special loft unit. (1) 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 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)]  (I)
the  determination  of interim multiple dwelling status and other issues
of coverage pursuant to this article; [(b)] (II) the resolution  of  all
hardship  appeals  brought  under this article; [(c)] (III) the determi-
nation of any claim for rent adjustment under this article by  an  owner
or  tenant;  [(d)]  (IV)  the  issuance, after a public hearing, and the
enforcement of rules and regulations governing minimum  housing  mainte-
nance 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  article;  and  [(e)]  (V)
determination  of  controversies arising over the fair market value of a
residential tenant's fixtures or reasonable moving expenses.
  (2) 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 [seventeen thousand five hundred] TWENTY-FIVE  THOU-
SAND  dollars which may be recovered by the municipality by a proceeding
in any court of competent jurisdiction.   THE  CORPORATION  COUNSEL  MAY
BRING  AND  MAINTAIN  A  CIVIL PROCEEDING IN THE NAME OF THE CITY IN THE
SUPREME COURT OF THE COUNTY IN WHICH THE BUILDING, ERECTION OR PLACE  IS
LOCATED  TO ENJOIN VIOLATIONS OF THIS ARTICLE. The loft board may desig-
nate provisions  of  such  rules  and  regulations  for  enforcement  in
proceedings before the environmental control board of such municipality.
Notices  of violation returnable to such environmental control board may
be issued by officers and employees of the department  of  buildings  of
such municipality and served in the same manner as violations returnable
to  such  board within the jurisdiction of such department. The environ-
mental control board, when acting as the designee  of  the  loft  board,
shall  have  the  power to impose civil penalties, not to exceed [seven-
teen] TWENTY-FIVE thousand [five hundred] dollars  for  each  violation,

A. 8409--A                          6

and  to issue judgments, which may be docketed and enforced as set forth
in section one thousand forty-nine-a of the New York city charter.
  (3)  The  loft  board  may  charge  and collect reasonable fees in the
execution of its responsibilities. The loft board may administer  oaths,
take  affidavits, hear testimony, and take proof under oath at public or
private hearings.
  § 5. Section 282-a of the multiple dwelling law, as amended by section
22 of part A of chapter 20 of the laws of 2015, is amended  to  read  as
follows:
  §  282-a.  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 arti-
cle 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, provided, however, that applications for
registration as an interim multiple dwelling or for coverage of residen-
tial units under this article may also be filed for  a  two-year  period
starting from the effective date of the chapter of the laws of two thou-
sand fifteen which amended this section. The loft board may subsequently
amend  such  rules  and regulations but such amendments shall not recom-
mence the time period in which applications may be filed.
  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
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 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 section 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  commence  an action or proceeding in a court of competent jurisdic-
tion, 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 section.
  § 6. Paragraph (vi) of subdivision 1 of section 284  of  the  multiple
dwelling  law, as amended by section 22-a of part A of chapter 20 of the
laws of 2015, 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 on or before March
twenty-first, two thousand eleven, or, for units that became subject  to
this  article pursuant to chapter four of the laws of two thousand thir-
teen on or before June eleventh, two thousand fourteen,  or,  FOR  UNITS
THAT  BECAME SUBJECT TO THIS ARTICLE PURSUANT TO THE CHAPTER OF THE LAWS
OF TWO THOUSAND SEVENTEEN THAT AMENDED THIS PARAGRAPH WITHIN NINE MONTHS
FROM SUCH EFFECTIVE DATE, OR for units in an interim  multiple  dwelling
that  were  listed  on an application for coverage or registration filed

A. 8409--A                          7

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  alter-
ation  permit  on  or before June twenty-first, two thousand eleven, or,
for units that became subject to this article pursuant to  chapter  four
of  the  laws  of two thousand thirteen on or before September eleventh,
two thousand fourteen, or, FOR UNITS THAT BECAME SUBJECT TO THIS ARTICLE
PURSUANT TO THE CHAPTER OF THE  LAWS  OF  TWO  THOUSAND  SEVENTEEN  THAT
AMENDED THIS PARAGRAPH WITHIN TWELVE MONTHS FROM SUCH EFFECTIVE DATE, OR
for  units in an interim multiple dwelling that were listed on an appli-
cation for coverage or registration filed with the loft  board  pursuant
to  this  article or in a court pleading after March eleventh, two thou-
sand 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 residential portions of
the  building or structure on or before December twenty-first, two thou-
sand twelve, or for units that became subject to this  article  pursuant
to  chapter four of the laws of two thousand thirteen on or before March
eleventh, two thousand sixteen, or, FOR UNITS  THAT  BECAME  SUBJECT  TO
THIS  ARTICLE PURSUANT TO THE CHAPTER OF THE LAWS OF TWO THOUSAND SEVEN-
TEEN THAT AMENDED THIS PARAGRAPH  WITHIN  THIRTY-SIX  MONTHS  FROM  SUCH
EFFECTIVE  DATE,  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 sixteen, 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.
  §  7.  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 ONE HUNDRED THIRTY-FIVE of the
laws of two thousand ten [which amended this subparagraph], OR FOR UNITS
THAT BECAME SUBJECT TO THIS ARTICLE PURSUANT TO THE CHAPTER OF THE  LAWS
OF TWO THOUSAND SEVENTEEN THAT AMENDED THIS PARAGRAPH WITHIN NINE MONTHS
FROM  SUCH  EFFECTIVE DATE, and (B) shall take all reasonable and neces-
sary action to obtain an approved alteration permit within twelve months
from such effective date, OR FOR UNITS THAT BECAME SUBJECT TO THIS ARTI-

A. 8409--A                          8

CLE PURSUANT TO THE CHAPTER OF THE LAWS OF TWO THOUSAND  SEVENTEEN  THAT
AMENDED  THIS  PARAGRAPH  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 residen-
tial 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, OR FOR UNITS THAT BECAME SUBJECT TO
THIS ARTICLE PURSUANT TO THE CHAPTER OF THE LAWS OF TWO THOUSAND  SEVEN-
TEEN  THAT  AMENDED  THIS  PARAGRAPH  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.
  § 8. Paragraphs (vii), (viii), (ix), (x) and (xi) of subdivision 1 and
subdivision  2  of  section 284 of the multiple dwelling law, paragraphs
(vii), (viii), (ix), (x) and (xi) of subdivision 1 as amended by chapter
135 of the laws of 2010 and subdivision 2 as added by chapter 349 of the
laws of 1982, are amended to read as follows:
  (vii) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS (I) THROUGH (VI) OF
THIS SUBDIVISION THE OWNER OF AN INTERIM MULTIPLE DWELLING MADE  SUBJECT
TO  THIS ARTICLE BY SUBDIVISION SIX 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
SEVENTEEN THAT AMENDED THIS PARAGRAPH, 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.
  (VIII)  An owner who is unable to satisfy any requirement specified in
paragraph (ii), (iii), (iv),  (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 [(xi)] (XII) of this subdivision, may
apply to the loft board for an extension of time to meet the requirement
specified  in paragraph (ii), (iii), (iv), (v), or (vi) of this subdivi-
sion. The loft board may grant an extension of time to meet  a  require-
ment  specified  in  paragraph  (ii),  (iii), (iv), (v), or (vi) of this
subdivision provided that the owner demonstrates that  he/she  has  made
good faith efforts to satisfy the requirements.

A. 8409--A                          9

  [(viii)]  (IX)  If  there is a finding by the loft board that an owner
has failed to satisfy any requirement specified in paragraph (i),  (ii),
(iii),  (iv),  (v),  or  (vi)  of  this subdivision, such owner shall be
subject to all penalties set forth in article eight of this chapter.
  [(ix)]  (X)  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 paragraph (i), (ii),
(iii), (iv), (v), or (vi) of this subdivision, a court may order specif-
ic performance to enforce the provisions of this article upon the appli-
cation of three occupants of separate residential units,  qualified  for
the  protection  of this article, or upon the application of the munici-
pality.
  [(x)] (XI) If, as a consequence of  an  owner's  unlawful  failure  to
comply  with the provisions of paragraph (i), (ii), (iii), (iv), (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.
  [(xi)] (XII) 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
compliance  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.
  2.  Every  owner  of  an  interim multiple dwelling, every lessee of a
whole building part of which is an interim multiple dwelling, and  every
agent  or  other person having control of such a dwelling, shall, within
sixty days of the effective date of the act which  added  this  article,
file  with the loft board or any other authority designated by the mayor
a notice in conformity with all  provisions  of  section  three  hundred
twenty-five of this chapter and with rules and regulations to be promul-
gated by the loft board.
  § 9. This act shall take effect immediately, provided that:
  (a)  the amendments to subdivision five of section 281 of the multiple
dwelling law made by section one of this act shall  be  subject  to  the
expiration and reversion of such subdivision 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 two of this act shall  take  effect;
and
  (b)  the  amendments to paragraph (vi) of subdivision 1 of section 284
of the multiple dwelling law made by section six of this  act  shall  be
subject to the expiration and reversion of such paragraph when upon such
date section seven of this act shall take effect.