What's happening
This bill expands and updates New York's loft law, broadening eligibility for loft tenant protections and making certain provisions permanent.
Why it matters
Expands eligibility for loft law protections to more recent residential conversions. By updating the qualifying dates (now including buildings occupied residentially between 2015-2016), the bill opens the door for tenants in newer conversions to gain legal protections, rent regulation, and eventual safe, legal occupancy.
Narrows and clarifies exceptions based on industrial uses and zoning. The bill specifies which industrial areas and uses make buildings ineligible for loft law coverage, but also clarifies that landlords must prove these exceptions. This may make it harder for building owners to block tenant protections on the basis of incompatible use.
Extends and standardizes application and legalization deadlines. By harmonizing and extending the timelines for filing, obtaining permits, and legalizing units, the bill aims to give both tenants and owners more realistic timeframes for compliance, potentially reducing uncertainty and the risk of tenant displacement.
Increases penalties and strengthens tenant protections during application process. The bill raises maximum penalties for violations, empowers city legal actions to enforce compliance, and ensures tenants are protected from harassment or eviction while their applications are pending, increasing both the deterrent against landlord abuse and security for residents.
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Who cares
New York City loft tenants
The bill would expand eligibility to qualifying buildings occupied residentially during 2015–2016, allow qualifying basement units and remove the general application deadline while retaining a special North Brooklyn filing window.
Owners of newly covered loft buildings
The bill would impose legalization deadlines, extend milestone-based rent adjustments to newly covered buildings and raise maximum Loft Board rule-violation penalties to $25,000.
Industrial businesses sharing buildings with loft residents
The bill would narrow the incompatible-use exclusion to legally operating use group 18 activities posing an actual risk of harm that cannot reasonably be mitigated, with opponents of coverage bearing the burden of proof.
New York City Loft Board and corporation counsel
The bill would require the board to administer expanded coverage and authorize corporation counsel to seek court injunctions against violations.
Headline styles
Make Loft Law Protections Permanent
Plain English, a few words. Used as the page title.
Sponsors
History
- Substituted by A5841A
- Ordered to third reading cal.1003
- Committee discharged and committed to rules
- Reported and committed to finance
- Print number 3655b
- Amend and recommit to housing, construction and community development
- Print number 3655a
- Amend and recommit to housing, construction and community development
- 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.
Make Loft Law Permanent
Signed by Governor · Sponsor Deborah Glick
Full text
9 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3655--B
2019-2020 Regular Sessions
IN SENATE
February 11, 2019
Introduced by Sens. SALAZAR, HOYLMAN, RIVERA, SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05541-12-9
S. 3655--B 2
resolution for such municipality,] 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 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
S. 3655--B 3
be exempt from this article, even if a portion of such building may be an interim multiple dwelling.
§ 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.
S. 3655--B 4
(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 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
S. 3655--B 5
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
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
Purpose or general idea of bill
The purpose of this bill is to continue to provide an opportunity to file an application under the loft laws, as well as to update existing provisions. In addition, this bill would establish a new application window to further encourage the filing of applications for coverage under the loft laws.
Summary of provisions
Section one of the bill updates the application requirements for units eligible under the 2008-2009 eligible under the 20082009 eligibility period. It also authorizes units to be located in basements and changes the timing as to when a unit must be in compliance with the window requirements. This section also removes restrictions relating to use groups fifteen, sixteen, and seventeen.
Section two of the bill establishes a new eligibility period for units having residential occupants for at least twelve consecutive months beginning January 1, 2015, until December 31, 2016, and provides for the process of attaining loft status.
Section three of the bill increases penalties, and provides for enforce- ment by corporation counsel.
Section four of the bill removes a deadline associated with the filing of an application.
Section five of the bill provides for the process for owners of interim multiple dwellings to attain a certificate of occupancy applicable to newly added units per this legislation.
Section six of the bill establishes the process for owners of interim multiple dwellings to attain a certificate of occupancy for units made subject to the law pursuant to section two of the bill.
Sections seven and eight make technical changes necessary to implement the bill.
Section nine of the bill clarifies that applicants shall not be prevented from applying for registration as an interim multiple dwell- ing, including applicants who had been previously denied registration an interim multiple dwelling by the loft board based on requirements that are subject to this act.
Section ten of the bill sets the effective date.
Justification
Many loft tenants currently live in the shadows in unregulated condi- tions due to an inability to obtain legalized status. The limited window period of applying for eligibility for loft law coverage has restricted loft tenants who seek coverage and want to stay in their homes. Current- ly, a June 15, 2017 deadline exists for submitting applications to achieve legalization and leaves tenants faced with the possibility of either being forced out of their homes or continuing to live in unpro- tected, unregulated conditions. By extending the application window, this bill would aid in improving living conditions for loft tenants while preserving much-needed affordable housing units.
The City of New York and the State of New York must take every opportu- nity to preserve housing units and make those as safe as possible. Three decades ago, there was a policy decision made to offer owners and tenants of loft spaces a pathway to legalization for their spaces. Such need remains as pressing today as it did then. Continuing a process whereby housing conditions improve and people can continue to earn a livelihood is critical.
Prior legislative history
Similar to A.8409-B. 2018: A-8409-B - Passed Assembly.
Fiscal implications for state and local governments
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.