Bill Text: NY A03715 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the multiple dwelling law, in relation to providing tenant protection in connection with unlawful interim multiple dwellings

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-06-03 - held for consideration in housing [A03715 Detail]

Download: New_York-2009-A03715-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3715
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 28, 2009
                                      ___________
       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  dwell-
         ings
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The multiple dwelling  law  is  amended  by  adding  a  new
    2  section 286-a to read as follows:
    3    S  286-A.  TENANT PROTECTION; UNLAWFUL INTERIM MULTIPLE DWELLINGS.  1.
    4  DEFINITIONS. FOR PURPOSES OF  THIS  SECTION:  (I)  THE  TERM  "BUILDING"
    5  INCLUDES  A  BUILDING, STRUCTURE, OR PORTION THEREOF, OR A UNIT THEREIN;
    6  (II) THE TERM "PUBLIC  BODY"  INCLUDES  STATE  AND  MUNICIPAL  AGENCIES,
    7  DEPARTMENTS,  AND BOARDS, INCLUDING LOCAL PLANNING AGENCIES AND THE LOFT
    8  BOARD; AND (III) THE TERM "SPECIFIED GROUNDS" INCLUDES THE  GROUND  THAT
    9  (A)  THE BUILDING OR OCCUPANCY DOES NOT SATISFY ONE OR MORE REQUIREMENTS
   10  PERTAINING TO INTERIM MULTIPLE DWELLINGS AS SET FORTH IN THIS ARTICLE OR
   11  IN ANY OTHER PROVISION OF LAW OR IN REGULATION, (B) THE OWNER HAS FAILED
   12  TO SATISFY ONE OR  MORE  REQUIREMENTS  PERTAINING  TO  INTERIM  MULTIPLE
   13  DWELLINGS  AS SET FORTH IN THIS ARTICLE OR IN ANY OTHER PROVISION OF LAW
   14  OR IN REGULATION, (C) A RESIDENTIAL CERTIFICATE  OF  OCCUPANCY  HAS  NOT
   15  BEEN  ISSUED  FOR  THE  BUILDING,  OR  (D)  RESIDENTIAL OCCUPANCY IS NOT
   16  PERMITTED BY THE LOCAL ZONING RESOLUTION.
   17    2. RULE. AN OWNER WHO HAS RECOVERED POSSESSION OF A BUILDING  OCCUPIED
   18  BY A RESIDENTIAL OCCUPANT ON THE BASIS THAT THE OCCUPANCY IS UNLAWFUL ON
   19  SPECIFIED  GROUNDS SHALL NOT MAKE ANY APPLICATION UNDER ANY PROVISION OF
   20  STATE LAW OR LOCAL LAW, CODE, ORDINANCE,  RULE  OR  REGULATION,  TO  ANY
   21  PUBLIC  BODY FOR THE PURPOSE OF, OR THAT WOULD HAVE THE EFFECT OF OR AID
   22  IN, LEGALIZING OR AUTHORIZING, ANY USE OF THE  BUILDING  AS  AN  INTERIM
   23  MULTIPLE  DWELLING.  THE PROHIBITION SET FORTH IN THIS SUBDIVISION SHALL
   24  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.
                                                                  LBD05903-01-9
       A. 3715                             2
    1  RECOVERY  OF  POSSESSION.  ANY  APPROVAL, AUTHORIZATION, PERMIT, SPECIAL
    2  PERMIT, EXCEPTION, EXEMPTION, CERTIFICATION, VARIANCE, ZONING AMENDMENT,
    3  OR ANY FORM OF PERMISSION WHATSOEVER THAT MAY BE GRANTED OR ISSUED BY  A
    4  PUBLIC  BODY  IN CONNECTION WITH AN APPLICATION MADE IN VIOLATION OF THE
    5  PROVISIONS OF THIS SUBDIVISION SHALL BE VOID.
    6    S 2. This act shall take effect immediately, and shall apply to build-
    7  ing owners who recover possession of a building as defined and described
    8  in section 286-a of the multiple dwelling law, as added by  section  one
    9  of this act on or after said date, provided, however that the amendments
   10  made  to article 7-C of the multiple dwelling law by section one of this
   11  act shall not affect the repeal of such  article  and  shall  be  deemed
   12  repealed therewith.