What's happening
This bill expands eligibility and protections for residential loft tenants in New York City and extends related deadlines and enforcement provisions.
Why it matters
Broadens eligibility for loft law protections. by expanding the timeframes and geographic areas in which residential loft tenants can qualify for "interim multiple dwelling" (IMD) status. This means more tenants who lived in former commercial or industrial spaces during certain years (including 2015–2016) may gain crucial legal rights, such as rent protections and the right to remain in their homes.
Increases penalties and strengthens enforcement. against landlords who violate the law, such as by failing to legalize units or disrupting essential services to pressure tenants. Civil penalties rise from $17,500 to $25,000 per violation, and the law clarifies the city's authority to bring court actions to enjoin violations, which may further deter landlord misconduct.
Clarifies and extends key compliance deadlines. for building owners to file paperwork, obtain permits, and bring buildings up to code for residential occupancy. This provides a more structured timeline for the legalization process, helping tenants avoid displacement while ensuring buildings become safer and code-compliant.
Ensures ongoing tenant protections and legal recourse. during the application process, including a ban on landlords harassing or forcing tenants out while coverage is pending. Tenants can take landlords to court to enforce these rights, and agreements waiving these protections are void, which empowers tenants facing uncertainty or hostile landlord actions.
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Who cares
Loft tenants
The bill would expand coverage to qualifying residential occupancies during 2015–2016, remove basement and window restrictions, and allow new claims for units previously denied coverage when the amendments provide a basis.
Loft building owners
Newly covered owners would face deadlines for legalizing residential units, while the maximum civil penalty for violating Loft Board rules would rise to $25,000.
Industrial businesses in mixed-use buildings
The bill would narrow the incompatible-use exclusion to qualifying use group 18 operations posing an actual risk of harm that cannot reasonably be mitigated, while excluding M3-zoned buildings in the North Brooklyn industrial business zone.
New York City Loft Board and corporation counsel
The board would administer expanded coverage and revised eligibility rules, and corporation counsel would gain explicit authority to seek court orders stopping violations.
Headline styles
Make Loft Law Permanent
Plain English, a few words. Used as the page title.
Sponsors
History
- Signed chap.41
- Delivered to governor
- Returned to assembly
- Passed senateVote 39–19
- 3rd reading cal.1003
- Substituted for S3655B
- Referred to housing, construction and community development
- Delivered to senate
- Passed assembly
- Advanced to third reading cal.202
- Reported
- Reported referred to codes
Show 3 earlier actions
- Print number 5841a
- Amend and recommit to housing
- Referred to housing
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.
Make Loft Law Protections Permanent
Senate Floor Calendar · Sponsor Julia Salazar
Full text
9 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5841--A
2019-2020 Regular Sessions
IN ASSEMBLY
February 20, 2019
Introduced by M. of A. GLICK, CYMBROWITZ, LENTOL, NOLAN, DAVILA, L. ROSENTHAL, DE LA ROSA, EPSTEIN -- read once and referred to the Committee on Housing -- 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 multiple 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 Assembly, 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 subdivision 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 residential 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.
LBD05541-11-9
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(b) The term "interim multiple dwelling" as used in this subdivision shall not include (i) any building in an industrial business zone established pursuant to chapter six-D of title twenty-two of the administrative 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 twentythird 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 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 eight, and ending December thirty-first, two thousand nine 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-residential space in a building as of the effective date of this subdivision 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.
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§ 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 subdivision 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 residential 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 established pursuant to chapter six-D of title twenty-two of the administrative 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 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, 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 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 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
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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 remaining residential occupants qualified for such protections. Non-residential space in a building as of the effective date of this subdivision 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 article, and to act upon hardship applications made pursuant to this article, a special loft unit referred to herein as the "loft board" shall be established which shall consist of from four to nine members representative 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, however, 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 determination 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 maintenance 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 thousand 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
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