Includes certain buildings, structures or portions thereof occupied for residential purposes for a period of 12 consecutive months as interim multiple dwellings

11 Co-sponsors

• Eric Adams
• Ruben Diaz
• Thomas K. Duane
• Ruth Hassell-Thompson
• Liz Krueger
• Velmanette Montgomery
• George Onorato
• Bill Perkins
• Diane J. Savino
• Eric T. Schneiderman
• José M. Serrano

Title of bill

An act to amend the multiple dwelling law, in relation to interim multiple dwellings in a city of more than one million persons and to amend chapter 349 of the laws of 1982, amending the multiple dwelling law relating to legalization of interim multiple dwellings in cities over one million, in relation to extending the effectiveness of such chapter

Purpose or general idea of bill

The purpose of this bill is to extend provisions of the Loft Law to buildings which have been occupied residentially for 12 consecutive months during the period starting January 1, 2008 and ending December 31, 2009.

Summary of specific provisions

This bill would:

* amend the definition of "interim multiple dwelling" to include buildings occupied for residential purposes for 12 consecutive months during the period starting January 1, 2008 and ending December 31, 2009, and extend existing Loft Law protections to tenants in these buildings;

* require that non-residential space in such buildings be offered for residential use only after the obtaining of a residential certificate of occupancy for such space and require that such space be exempt from this article;

* prohibit the Loft Board from charging fees in the execution of its responsibilities;

* require owners of such interim multiple dwellings to (a) file an alteration application within 9 months from the effective date of this bill, (b) take all reasonable and necessary action to obtain an approved alteration permit within 12 months, (c) achieve compliance with the standards of safety and fire protection within 18 months of obtaining the alteration permit or 18 months from the effective date, whichever is later, and (d) take reasonable and necessary action to obtain certificate of occupancy as a class A multiple dwelling for the residential portions of the building within 36 months;

* authorize the Loft Board, upon good cause shown, to twice extend the time of compliance with the requirement to obtain a residential certificate of occupancy for periods not to exceed 12 months each;

* allow owners of such buildings to apply to the Loft Board for an exemption of a building from this article, if the owner can show it would cause an unjustifiable hardship, within 9 months of the effective date of this bill;

* deletes provisions requiring owners of loft buildings to join a real estate industry stabilization association;

* provides that these interim multiple dwellings become subject to the emergency tenant protection act of 1974 after they are legalized; and

* extends the Loft Law to May 31, 2014.

Effects of present law which this bill would alter

This bill would amend Sections 281, 282, 284, 285, and 286 of the Multiple Dwelling Law.

Justification

During a recent Assembly Housing Committee hearing on loft building legalization, loft residents who attended overwhelmingly showed their support for the extension of existing Loft Law provisions to loft buildings, particularly in Brooklyn, which were occupied after the date established in the Multiple Dwelling Law. The extension of the loft law will facilitate constructive relationships between tenants and loft building owners through the loft board, protect tenant's rights and any structural improvements they make or have made to their neighborhoods, as well as provide building owners with a reasonable timeline to make required building modifications.

Prior legislative history

A.2717-A/2004 - Passed Assembly. A.2717/2003 - Passed Assembly.

Fiscal implications for state and local governments

This bill assumes the continued operation of the Loft Board.

Effective date

Immediately.