What's happening
This bill prohibits building owners who evict tenants for unlawful occupancy from legalizing the building as an interim multiple dwelling for 10 years.
Why it matters
Targets landlords who evict tenants for "unlawful occupancy". (for example, due to lack of a residential certificate of occupancy or zoning issues), preventing them from subsequently seeking to legalize the same building as an interim multiple dwelling for 10 years.
Closes a legal loophole. by making any permission or approval granted in violation of this 10-year ban automatically void, reducing incentives for landlords to evict tenants on technicalities and then profit from later legalization.
Strengthens tenant protections. in formerly industrial or commercial buildings converted to residential use ("loft law" buildings), aiming to prevent displacement of residents who may have lived in such spaces without formal legal status.
Signals a policy shift. favoring tenant stability over landlord flexibility, likely impacting real estate investment strategies and the pace at which non-traditional dwellings can be brought into legal residential use.
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Who cares
Headline styles
Stop Loft Evictions for Tenants
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to housing
- Referred to housing
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2050
2017-2018 Regular Sessions
IN ASSEMBLY
January 17, 2017
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 dwellings
The People of the State of New York, represented in Senate and Assembly, 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.
LBD03305-01-7
A. 2050 2
recovery of possession. Any approval, authorization, permit, special permit, exception, exemption, certification, variance, zoning amendment, or any form of permission whatsoever that may be granted or issued by a public body in connection with an application made in violation of the provisions of this subdivision shall be void.
§ 2. This act shall take effect immediately, and shall apply to building owners who recover possession of a building as defined and described in section 286-a of the multiple dwelling law, as added by section one of this act on or after said date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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