Relates to the regulation of interim multiple dwellings

BILL NUMBER:S5780A

Title of bill

An act to amend the multiple dwelling law, in relation to interim multiple dwellings

Purpose

The purpose of this legislation is to make various changes to the Loft Law in order to correct errors and provide clarifying language to allow for easier interpretation and understanding. Additionally, the legislation makes several changes to provide for more equitable rent adjustments. The legislation also provides enhanced enforcement provisions.

Summary of provisions

Section 1. This section clarifies that units in a building that are not covered by the building's existing certificate of occupancy or compliance can still be included in the definition of an interim multiple dwelling.

Section 2. This section eliminates the term "the effective date of the act that added this article" and replaces it with the actual effective date.

Section 3. This section adjusts the exclusion of units in buildings that contain certain hazardous activities to exclude those units that had hazardous activities on June 21, 2010, that continue until the date of submission for coverage under the Loft Law.

Section 4. This section amends the dates for compliance with various provisions of the Loft Law to be based off of the Loft Board's promulgation of rules and regulations that commences the application window for the coverage of units under the Loft Law.

Section 5. This section allows a single residential tenant of an interim multiple dwelling to bring a specific performance action against an owner without a prior finding, by the Loft Board.

Section 6. This section eliminates the terms "the effective date" and replaces it with the actual effective dates.

Section 7. This section eliminates the terms "the effective date" and replaces it with the actual effective dates. Additionally, this section adjusts the initial rent of units covered by the loft law to eliminate escalations. Furthermore, the rent adjustments allowed for meeting various stages of compliance is amended to make the adjustments a rental surcharge, which ends when the cost of complying with the law is recovered, and scaled based on the size of the units in the building. Additionally, the bill requires a calculation of these costs of

compliance to be provided to the Loft Board and made available to tenants in the affected units. The bill also updates an old date so the units covered under the recent expansion of the loft law can be covered under existing statutory provisions. The bill prohibits duplicative rent adjustments to cover costs of compliance. Furthermore, a reference to the local department of housing preservation and development is adjusted to the applicable local agency. The bill also clarifies that the protections outlined for residents include proceedings in Housing Court.

Section 8. This section contains the effective date.

Justification

This amendment to the Loft Law of 2010 is necessary to clarify ambiguities in the existing statute to enable the New York City Loft Board to more properly administer the law and carry out its intent. The portions updated in this amendment are sections of the law that do not reflect certain realities of loft buildings in 2010, but rather are more appropriate for the loft buildings of 1982. As such, this bill implements appropriate changes to the law so that the Loft Law of 2010 can more easily and clearly accommodate current and eligible loft tenants seeking coverage and protections by the law.

Legislative history

New legislation.

Fiscal implications

None to the State.

Effective date

This act shall take effect immediately.