Senate Bill S3655B

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3655
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 11, 2019
                                ___________
 
 Introduced  by  Sen. SALAZAR -- 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; and to amend chapter 4 of the laws of 2013 amending the
   real  property  tax  law  and  other laws relating to interim multiple
   dwellings in a city with a population  of  one  million  or  more,  in
   relation to making certain provisions permanent
 
   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 estab-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05541-06-9

 S. 3655                             2
 
 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
 (OTHER  THAN A BUILDING WITHIN SUCH NORTH BROOKLYN BUSINESS ZONE THAT IS
 IN A DISTRICT ZONED M3, AS SUCH DISTRICT  IS  DESCRIBED  IN  THE  ZONING
 RESOLUTION  OF  SUCH  MUNICIPALITY IN EFFECT AT THE TIME THE APPLICATION
 FOR REGISTRATION AS AN INTERIM MULTIPLE  DWELLING  OR  FOR  COVERAGE  OF
 RESIDENTIAL UNITS UNDER THIS ARTICLE IS FILED) 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] UNTIL the time of the submission
 of an application for coverage by any party,  also  contains  a  use  IN
 LEGAL  OPERATION, 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
 regulation  is  inherently incompatible with residential use in the same
 building BY CREATING AN ACTUAL RISK OF HARM WHICH CANNOT  BE  REASONABLY
 MITIGATED, 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. A PARTY OPPOSING COVERAGE PURSUANT TO
 THIS SUBDIVISION SHALL BEAR THE  BURDEN  OF  PROVING  THE  EXCEPTION  TO
 COVERAGE SET FORTH IN SUBPARAGRAPH (II) OF THIS PARAGRAPH.
   (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.  Section 281 of the multiple dwelling law is amended by adding a
 new subdivision 6 to read as follows:

 S. 3655                             3
 
   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
 OTHER THAN A BUILDING WITHIN SUCH  NORTH  BROOKLYN  INDUSTRIAL  BUSINESS
 ZONE  THAT  IS  IN A DISTRICT ZONED M3, AS SUCH DISTRICT IS DESCRIBED IN
 THE ZONING RESOLUTION OF SUCH MUNICIPALITY IN EFFECT  AT  THE  TIME  THE
 APPLICATION  FOR  REGISTRATION  AS  AN  INTERIM MULTIPLE DWELLING OR FOR
 COVERAGE OF RESIDENTIAL UNITS UNDER THIS ARTICLE IS FILED) AND A  BUILD-
 ING  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, FOUR OR FIVE OF THIS SECTION, THAT, AT THE TIME
 THIS SUBDIVISION SHALL TAKE EFFECT AND CONTINUING UNTIL THE TIME OF  THE
 SUBMISSION  OF AN APPLICATION FOR COVERAGE BY ANY PARTY, ALSO CONTAINS A
 USE IN LEGAL OPERATION, 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 INHERENT-
 LY INCOMPATIBLE WITH RESIDENTIAL USE IN THE SAME BUILDING BY CREATING AN
 ACTUAL RISK OF HARM WHICH CANNOT BE REASONABLY MITIGATED, 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.    A  PARTY  OPPOSING COVERAGE PURSUANT TO THIS SUBDIVISION
 SHALL BEAR THE BURDEN OF PROVING THE EXCEPTION TO COVERAGE SET FORTH  IN
 SUBPARAGRAPH (II) OF THIS PARAGRAPH.
   (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

 S. 3655                             4

 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.
   §  3.  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

 S. 3655                             5
 
 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.
   § 4. 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.
   §  5.  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

 S. 3655                             6
 
 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 NINETEEN 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  NINETEEN  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 NINE-
 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.
   § 6. 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:

 S. 3655                             7
 
   (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 NINE-
 TEEN  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  REQUIRE-
 MENT 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), OR (VII) of  this  subdivi-
 sion  for reasons beyond his/her control, including, but not limited to,
 a requirement to obtain a certificate of appropriateness  for  modifica-
 tion  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  resi-
 dential  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), OR
 (VII) of this subdivision. The loft board may grant an extension of time
 to  meet  a  requirement  specified in paragraph (ii), (iii), (iv), (v),
 [or] (vi), OR (VII) of this subdivision provided that the  owner  demon-
 strates  that he/she has made good faith efforts to satisfy the require-
 ments.
   [(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), OR (VII) 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), OR (VII) of this subdivision, a court may
 order specific performance to enforce the  provisions  of  this  article
 upon  the  application of three occupants of separate residential units,
 qualified for the protection of this article, or upon the application of
 the municipality.
   [(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), OR (VII) of this subdivision, any residential occupant quali-
 fied 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

 S. 3655                             8
 
 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.
   § 7. Subparagraphs (A) and (B) of paragraph (ii) of subdivision  2  of
 section 286 of the multiple dwelling law, as amended by chapter 4 of the
 laws of 2013, are amended to read as follows:
   (A)  Upon the owners' filing of an alteration application, as required
 by [paragraph] PARAGRAPHS (ii), (iii), (iv), (v), [or] (vi),  AND  (VII)
 of  subdivision  one of section two hundred eighty-four of this article,
 an adjustment equal to three percent of the rent in effect at  the  time
 the owner files the alteration application.
   (B)  Upon  obtaining  an alteration permit, as required by [paragraph]
 PARAGRAPHS (ii), (iii), (iv), (v), [or] (vi), AND (VII)  of  subdivision
 one  of  section  two hundred eighty-four of this article, an adjustment
 equal to three percent of the rent in  effect  at  the  time  the  owner
 obtains the alteration permit.
   §  8.  Subdivisions (f), (g) and (h) of section 27 of chapter 4 of the
 laws of 2013 amending the real property tax law and other laws  relating
 to interim multiple dwellings in a city with a population of one million
 of  more,  subdivision (h) as amended by section 21 of part A of chapter
 20 of the laws of 2015, are amended to read as follows:
   (f) sections eighteen, nineteen and twenty of this act shall be deemed
 to have been in full force and effect on and after June 1, 2011; AND
   (g) notwithstanding any inconsistent provision of this act, the amend-
 ment to subdivision 5 of section 281 of the multiple dwelling  law  made
 by  section  twenty-one  of this act in relation to the authority of the
 loft board to exempt categories or subcategories of units  or  buildings
 by  rule  from  determinations  of inherently incompatible uses shall be
 deemed to have been in force and effect on and after June 21,  2010  and
 to  authorize  rules  of the loft board promulgated after such date that
 make such exemptions[; and
   (h) sections  twenty-one,  twenty-two,  twenty-three  and  twenty-four
 shall expire and be deemed repealed on June 30, 2019].
   §  9. No provision of this act or article 7-C of the multiple dwelling
 law, as amended by this act, or any other law or prior  judgment,  shall
 be  construed  to  prevent an application from being filed with the loft
 board and considered by such board, or a claim in a court  of  competent
 jurisdiction,  for  coverage  or for registration as an interim multiple
 dwelling or units within a building, including those  previously  deter-

 S. 3655                             9
 
 mined  not  to be covered, where the basis for such application or claim
 is that such building or units are subject to such article as  a  result
 of the amendments made by this act.
   §  10.  This  act  shall  take  effect immediately, and shall apply to
 applications pending approval or on appeal on and after such date.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3655--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 11, 2019
                                ___________
 
 Introduced  by Sens. SALAZAR, HOYLMAN, RIVERA, SERRANO -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Housing,   Construction   and   Community   Development  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN ACT to amend the multiple dwelling law, in relation to interim multi-
   ple dwellings; and to amend chapter 4 of the laws of 2013 amending the
   real property tax law and other  laws  relating  to  interim  multiple
   dwellings  in  a  city  with  a  population of one million or more, in
   relation to making certain provisions permanent
 
   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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05541-07-9

 S. 3655--A                          2
 
   (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] UNTIL the time of the
 submission of an application for coverage by any party, also contains  a
 use IN LEGAL OPERATION, 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 regulation is inherently incompatible with residential use  in
 the  same  building  BY  CREATING AN ACTUAL RISK OF HARM WHICH CANNOT BE
 REASONABLY MITIGATED, provided that the loft board may  by  rule  exempt
 categories  of units or buildings from such use incompatibility determi-
 nations 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. A PARTY OPPOSING COVER-
 AGE  PURSUANT  TO  THIS SUBDIVISION SHALL BEAR THE BURDEN OF PROVING THE
 EXCEPTION TO COVERAGE SET FORTH IN SUBPARAGRAPH (II) OF THIS PARAGRAPH.
   (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. 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-

 S. 3655--A                          3
 
 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, FOUR OR FIVE OF THIS SECTION, THAT, AT THE  TIME
 THIS  SUBDIVISION SHALL TAKE EFFECT AND CONTINUING UNTIL THE TIME OF THE
 SUBMISSION OF AN APPLICATION FOR COVERAGE BY ANY PARTY, ALSO CONTAINS  A
 USE IN LEGAL OPERATION, 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 INHERENT-
 LY INCOMPATIBLE WITH RESIDENTIAL USE IN THE SAME BUILDING BY CREATING AN
 ACTUAL  RISK OF HARM WHICH CANNOT BE REASONABLY MITIGATED, 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.  A PARTY OPPOSING COVERAGE  PURSUANT  TO  THIS  SUBDIVISION
 SHALL  BEAR THE BURDEN OF PROVING THE EXCEPTION TO COVERAGE SET FORTH IN
 SUBPARAGRAPH (II) OF THIS PARAGRAPH.
   (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

 S. 3655--A                          4
 
 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.
   § 3. 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,

 S. 3655--A                          5
 
 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.
   § 4. 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.
   § 5. 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 NINETEEN 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

 S. 3655--A                          6
 
 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  NINETEEN  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 NINE-
 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.
   § 6. 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 NINE-
 TEEN 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

 S. 3655--A                          7

 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 REQUIRE-
 MENT 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), OR (VII) of this subdivi-
 sion for reasons beyond his/her control, including, but not limited  to,
 a  requirement  to obtain a certificate of appropriateness for modifica-
 tion 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 resi-
 dential 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), OR
 (VII) of this subdivision. The loft board may grant an extension of time
 to meet a requirement specified in paragraph  (ii),  (iii),  (iv),  (v),
 [or]  (vi),  OR (VII) of this subdivision provided that the owner demon-
 strates that he/she has made good faith efforts to satisfy the  require-
 ments.
   [(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), OR (VII) 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), OR (VII) of this subdivision, a  court  may
 order  specific  performance  to  enforce the provisions of this article
 upon the application of three occupants of separate  residential  units,
 qualified for the protection of this article, or upon the application of
 the municipality.
   [(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), OR (VII) of this subdivision, any residential occupant quali-
 fied  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

 S. 3655--A                          8

 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.
   §  7.  Subparagraphs (A) and (B) of paragraph (ii) of subdivision 2 of
 section 286 of the multiple dwelling law, as amended by chapter 4 of the
 laws of 2013, are amended to read as follows:
   (A) Upon the owners' filing of an alteration application, as  required
 by  [paragraph]  PARAGRAPHS (ii), (iii), (iv), (v), [or] (vi), AND (VII)
 of subdivision one of section two hundred eighty-four of  this  article,
 an  adjustment  equal to three percent of the rent in effect at the time
 the owner files the alteration application.
   (B) Upon obtaining an alteration permit, as  required  by  [paragraph]
 PARAGRAPHS  (ii),  (iii), (iv), (v), [or] (vi), AND (VII) of subdivision
 one of section two hundred eighty-four of this  article,  an  adjustment
 equal  to  three  percent  of  the  rent in effect at the time the owner
 obtains the alteration permit.
   § 8. Subdivisions (f), (g) and (h) of section 27 of chapter 4  of  the
 laws  of 2013 amending the real property tax law and other laws relating
 to interim multiple dwellings in a city with a population of one million
 of more, subdivision (h) as amended by section 21 of part A  of  chapter
 20 of the laws of 2015, are amended to read as follows:
   (f) sections eighteen, nineteen and twenty of this act shall be deemed
 to have been in full force and effect on and after June 1, 2011; AND
   (g) notwithstanding any inconsistent provision of this act, the amend-
 ment  to  subdivision 5 of section 281 of the multiple dwelling law made
 by section twenty-one of this act in relation to the  authority  of  the
 loft  board  to exempt categories or subcategories of units or buildings
 by rule from determinations of inherently  incompatible  uses  shall  be
 deemed  to  have been in force and effect on and after June 21, 2010 and
 to authorize rules of the loft board promulgated after  such  date  that
 make such exemptions[; and
   (h)  sections  twenty-one,  twenty-two,  twenty-three  and twenty-four
 shall expire and be deemed repealed on June 30, 2019].
   § 9. No provision of this act or article 7-C of the multiple  dwelling
 law,  as  amended by this act, or any other law or prior judgment, shall
 be construed to prevent an application from being filed  with  the  loft
 board  and  considered by such board, or a claim in a court of competent
 jurisdiction, for coverage or for registration as  an  interim  multiple
 dwelling  or  units within a building, including those previously deter-
 mined not to be covered, where the basis for such application  or  claim
 is  that  such building or units are subject to such article as a result
 of the amendments made by this act.
   § 10. This act shall take  effect  immediately,  and  shall  apply  to
 applications pending approval or on appeal on and after such date.