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Assembly Bill A2057

2019-2020 Legislative Session

Protects tenants in unlawful lofts from eviction on certain grounds by precluding owners from making application to legalize residential occupancy for 10 years

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Archive: Last Bill Status - In Assembly Committee

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2019-A2057 (ACTIVE) - Details

Current Committee:
Assembly Housing
Law Section:
Multiple Dwelling Law
Laws Affected:
Add §286-a, Mult Dwell L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3715
2011-2012: A421
2013-2014: A1510
2015-2016: A574
2017-2018: A2050

2019-A2057 (ACTIVE) - Summary

Protects tenants in unlawful lofts ("interim multiple dwellings") from eviction on certain grounds (i.e., on grounds that the occupancy is unlawful because the building does not satisfy one or more requirements pertaining to such dwellings or because the owner has failed to satisfy one or more requirements pertaining to such dwellings or because a residential certificate of occupancy has not been issued for the building or because residential occupancy is not permitted by the local zoning resolution) by precluding owners who have recovered possession on the grounds of unlawful occupancy from making certain applications to any public body to legalize residential occupancy for a ten year period following the actual recovery of possession; provides that any approval, authorization, permit, etc. granted or issued by a public body in connection with an application made in violation of these provisions shall be void.

2019-A2057 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2057
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced by M. of A. LENTOL -- read once and referred to the Committee
   on Housing
 
 AN  ACT  to  amend  the  multiple dwelling law, in relation to providing
   tenant protection in connection with unlawful interim multiple  dwell-
   ings
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The multiple dwelling  law  is  amended  by  adding  a  new
 section 286-a to read as follows:
   §  286-A.  TENANT PROTECTION; UNLAWFUL INTERIM MULTIPLE DWELLINGS.  1.
 DEFINITIONS. FOR PURPOSES OF  THIS  SECTION:  (I)  THE  TERM  "BUILDING"
 INCLUDES  A  BUILDING, STRUCTURE, OR PORTION THEREOF, OR A UNIT THEREIN;
 (II) THE TERM "PUBLIC  BODY"  INCLUDES  STATE  AND  MUNICIPAL  AGENCIES,
 DEPARTMENTS,  AND BOARDS, INCLUDING LOCAL PLANNING AGENCIES AND THE LOFT
 BOARD; AND (III) THE TERM "SPECIFIED GROUNDS" INCLUDES THE  GROUND  THAT
 (A)  THE BUILDING OR OCCUPANCY DOES NOT SATISFY ONE OR MORE REQUIREMENTS
 PERTAINING TO INTERIM MULTIPLE DWELLINGS AS SET FORTH IN THIS ARTICLE OR
 IN ANY OTHER PROVISION OF LAW OR IN REGULATION, (B) THE OWNER HAS FAILED
 TO SATISFY ONE OR  MORE  REQUIREMENTS  PERTAINING  TO  INTERIM  MULTIPLE
 DWELLINGS  AS SET FORTH IN THIS ARTICLE OR IN ANY OTHER PROVISION OF LAW
 OR IN REGULATION, (C) A RESIDENTIAL CERTIFICATE  OF  OCCUPANCY  HAS  NOT
 BEEN  ISSUED  FOR  THE  BUILDING,  OR  (D)  RESIDENTIAL OCCUPANCY IS NOT
 PERMITTED BY THE LOCAL ZONING RESOLUTION.
   2. RULE. AN OWNER WHO HAS RECOVERED POSSESSION OF A BUILDING  OCCUPIED
 BY A RESIDENTIAL OCCUPANT ON THE BASIS THAT THE OCCUPANCY IS UNLAWFUL ON
 SPECIFIED  GROUNDS SHALL NOT MAKE ANY APPLICATION UNDER ANY PROVISION OF
 STATE LAW OR LOCAL LAW, CODE, ORDINANCE,  RULE  OR  REGULATION,  TO  ANY
 PUBLIC  BODY FOR THE PURPOSE OF, OR THAT WOULD HAVE THE EFFECT OF OR AID
 IN, LEGALIZING OR AUTHORIZING, ANY USE OF THE  BUILDING  AS  AN  INTERIM
 MULTIPLE  DWELLING.  THE PROHIBITION SET FORTH IN THIS SUBDIVISION SHALL
 REMAIN IN EFFECT FOR A PERIOD OF TEN  YEARS  AFTER  THE  OWNER'S  ACTUAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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