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S4035Senate2011-2012 SessionSame asA5375

Prohibits the interruption of service during review of an application by the loft board

Sponsor Martin J. GoldenSD-22Affects Housing
Status
Senate Floor Calendar
Impact
Pending
Outcome
Companion signed

Bill progress

Signed via A5375

What's happening

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Who cares

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Sponsors

Primary sponsor
Martin J. Golden

Senator · Senate District 22

Chair, Civil Service And Pensions

No co-sponsors yet.

History

  1. Substituted by A5375
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.621
  5. Referred to housing, construction and community development

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A5375Assembly

Prohibits the interruption of service during review of an application by the loft board

Signed by Governor · Sponsor Vito Lopez

Signed into law

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S4035

Title of bill

An act to amend the multiple dwelling law, in relation to prohibiting service interruption

Purpose or general idea of the bill

The purpose of this bill is to prohibit building owners from interrupting or discontinuing essential services from the time an occupant files and application for coverage under the Loft Law, until a final determination, including appeals, has been made by the Loft Board to approve or deny such applications.

Summary of specific provisions

This bill amends section 282-a of the multiple dwelling law.

Justification

The Loft Law expansion passed in June 2010 opened up the original Loft Law to eligible Loft Tenants throughout New York City and affords those tenants stringent protections and rent stabilization, among a host of other benefits. However, until the Loft Board makes a final decision on an application for coverage, sometimes after a lengthy appeals process, loft occupants are not legally afforded the basic rights attached to residential occupancy, including the right to be heard in Housing Court and the warranty of habitability. Similarly, because until the Loft Board makes its decision loft occupants have no legal status as residential tenants of any kind, they are unable to turn to any City or State agency for assistance with simple landlord-tenant issues.

In some circumstances where occupants have applied for Loft Law coverage, building owners who have allowed for and encouraged the illegal residential conversion of their buildings for years have retaliated against those occupants, hoping to evade the requirements of the Loft Law, including bringing their buildings up to safety code. In response to instances where owners have harassed occupants, purposefully vacated their buildings and sent long-time occupants out on the street, cut off heat strategically in the coldest winter days and cut off water to try to force the residents to leave, this legislation protects these occupants against the interruption of essential services such as heat and hot water - the most basic and necessary of protections. This legislation deems it unlawful to cut off such basic services to loft occupants who have applied to the Loft Board in accordance with the 2010 law and allows them to be heard in Housing Court in the event of an interruption of essential services, the most proper venue for issues of this kind.

Prior legislative history

New legislation.

Fiscal implications

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.