Bill Text: NY A11524 | 2009-2010 | General Assembly | Amended
Bill Title: Enacts provisions relating to interim multiple dwellings and the tax law relating to video lottery gaming.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2010-06-29 - ordered to third reading rules cal.421 [A11524 Detail]
Download: New_York-2009-A11524-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
11524--A
I N A S S E M B L Y
June 22, 2010
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. V. Lopez,
Silver, Lentol, Millman) -- read once and referred to the Committee on
Housing -- reported and referred to the Committee on Codes -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
AN ACT to amend the multiple dwelling law, in relation to interim multi-
ple dwellings in a city with a population of one million or more
persons; and to amend chapter 405 of the laws of 1999, amending the
real property tax law relating to improving the administration of the
school tax relief (STAR) program, and the tax law, in relation to
video lottery gaming
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 5 of section 281 of the multiple dwelling law,
2 as added by a chapter of the laws of 2010, amending the multiple dwell-
3 ing law relating to interim multiple dwellings in a city of more than
4 one million persons, as proposed in legislative bills numbers S. 7178-A
5 and A. 5667-C, is amended to read as follows:
6 5. Notwithstanding the provisions of paragraphs (i), (iii) and (iv) of
7 subdivision two of this section, but subject to paragraphs (i) and (ii)
8 of subdivision one of this section and paragraph (ii) of subdivision two
9 of this section, the term "interim multiple dwelling" shall include
10 buildings, structures or portions thereof that are located in a city of
11 more than one million persons which were occupied for residential
12 purposes as the residence or home of any [two] THREE or more families
13 living independently from one another for a period of twelve consecutive
14 months during the period commencing January first, two thousand eight,
15 and ending December thirty-first, two thousand nine, PROVIDED THAT THE
16 UNIT: IS NOT LOCATED IN A BASEMENT OR CELLAR AND HAS AT LEAST ONE
17 ENTRANCE THAT DOES NOT REQUIRE PASSAGE THROUGH ANOTHER RESIDENTIAL UNIT
18 TO OBTAIN ACCESS TO THE UNIT, HAS AT LEAST ONE WINDOW OPENING ONTO A
19 STREET OR A LAWFUL YARD OR COURT AS DEFINED IN THE ZONING RESOLUTION FOR
20 SUCH MUNICIPALITY, AND IS AT LEAST FIVE HUNDRED FIFTY SQUARE FEET IN
21 AREA. THE TERM "INTERIM MULTIPLE DWELLING" SHALL NOT INCLUDE (I) ANY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08550-15-0
A. 11524--A 2
1 BUILDING IN AN INDUSTRIAL BUSINESS ZONE ESTABLISHED PURSUANT TO CHAPTER
2 SIX-D OF TITLE TWENTY-TWO OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW
3 YORK EXCEPT THAT A BUILDING IN THE WILLIAMSBURG/GREENPOINT, NORTH BROOK-
4 LYN, AND MASPETH INDUSTRIAL BUSINESS ZONES MAY BE INCLUDED IN THE TERM
5 "INTERIM MULTIPLE DWELLING," OR (II) UNITS IN ANY BUILDING THAT, AT THE
6 TIME THIS SUBDIVISION SHALL TAKE EFFECT, ALSO CONTAINS A USE ACTIVELY
7 AND CURRENTLY PURSUED, WHICH USE IS SET FORTH IN USE GROUPS FIFTEEN
8 THROUGH EIGHTEEN, AS DESCRIBED IN THE ZONING RESOLUTION OF SUCH MUNICI-
9 PALITY IN EFFECT ON JUNE TWENTY-FIRST, TWO THOUSAND TEN, AND WHICH THE
10 LOFT BOARD HAS DETERMINED IN RULES AND REGULATION IS INHERENTLY INCOM-
11 PATIBLE WITH RESIDENTIAL USE IN THE SAME BUILDING, PROVIDED THAT IF A
12 BUILDING DOES NOT CONTAIN SUCH ACTIVE USES AT THE TIME THIS SUBDIVISION
13 TAKES EFFECT, NO SUBSEQUENT USE BY THE OWNER OF THE BUILDING SHALL ELIM-
14 INATE THE PROTECTIONS OF THIS SECTION FOR ANY RESIDENTIAL OCCUPANTS IN
15 THE BUILDING ALREADY QUALIFIED FOR SUCH PROTECTIONS. A reduction in the
16 number of occupied residential units in a building after meeting the
17 aforementioned twelve consecutive month requirement shall not eliminate
18 the protections of this section for any remaining residential occupants
19 qualified for such protections. Non-residential space in a building as
20 of the effective date of this subdivision shall be offered for residen-
21 tial use only after the obtaining of a residential certificate of occu-
22 pancy for such space and such space shall be exempt from this article,
23 even if a portion of such building may be an interim multiple dwelling.
24 S 2. Section 282 of the multiple dwelling law, as amended by a chapter
25 of the laws of 2010, amending the multiple dwelling law relating to
26 interim multiple dwellings in a city of more than one million persons,
27 as proposed in legislative bills numbers S. 7178-A and A. 5667-C, is
28 amended to read as follows:
29 S 282. Establishment of special loft unit. In order to resolve
30 complaints of owners of interim multiple dwellings and of residential
31 occupants of such buildings qualified for the protection of this arti-
32 cle, and to act upon hardship applications made pursuant to this arti-
33 cle, a special loft unit referred to herein as the "loft board" shall be
34 established which shall consist of from four to nine members represen-
35 tative of the public, the real estate industry, loft residential
36 tenants, and loft manufacturing interests, and a chairperson, all to be
37 appointed by the mayor of the municipality and to serve such terms as he
38 may designate. The compensation of the members of the loft board shall
39 be fixed by the mayor. The members of the loft board shall not be
40 considered employees of the state or the municipality, provided, howev-
41 er, that state or municipal employees or officers may be named to the
42 loft board. The mayor shall establish the loft board within ninety days
43 of the effective date of chapter three hundred forty-nine of the laws of
44 nineteen hundred eighty-two. The loft board shall have such office and
45 staff as shall be necessary to carry out functions conferred upon it and
46 may request and receive assistance from any state or municipal agency or
47 department. The loft board shall have the following duties: (a) the
48 determination of interim multiple dwelling status and other issues of
49 coverage pursuant to this article; (b) the resolution of all hardship
50 appeals brought under this article; (c) the determination of any claim
51 for rent adjustment under this article by an owner or tenant; (d) the
52 issuance, after a public hearing, and the enforcement of rules and regu-
53 lations governing minimum housing maintenance standards in interim
54 multiple dwellings (subject to the provisions of this chapter and any
55 local building code), rent adjustments prior to legalization, compliance
56 with this article and the hearing of complaints and applications made to
A. 11524--A 3
1 it pursuant to this article; and (e) determination of controversies
2 arising over the fair market value of a residential tenant's fixtures or
3 reasonable moving expenses. The violation of any rule or regulation
4 promulgated by the loft board shall be punishable by a civil penalty
5 determined by the loft board not to exceed [one] SEVENTEEN thousand FIVE
6 HUNDRED dollars which may be recovered by the municipality by a proceed-
7 ing in any court of competent jurisdiction. THE LOFT BOARD MAY DESIG-
8 NATE PROVISIONS OF SUCH RULES AND REGULATIONS FOR ENFORCEMENT IN
9 PROCEEDINGS BEFORE THE ENVIRONMENTAL CONTROL BOARD OF SUCH MUNICIPALITY.
10 NOTICES OF VIOLATION RETURNABLE TO SUCH ENVIRONMENTAL CONTROL BOARD MAY
11 BE ISSUED BY OFFICERS AND EMPLOYEES OF THE DEPARTMENT OF BUILDINGS OF
12 SUCH MUNICIPALITY AND SERVED IN THE SAME MANNER AS VIOLATIONS RETURNABLE
13 TO SUCH BOARD WITHIN THE JURISDICTION OF SUCH DEPARTMENT. THE ENVIRON-
14 MENTAL CONTROL BOARD, WHEN ACTING AS THE DESIGNEE OF THE LOFT BOARD,
15 SHALL HAVE THE POWER TO IMPOSE CIVIL PENALTIES, NOT TO EXCEED SEVENTEEN
16 THOUSAND FIVE HUNDRED DOLLARS FOR EACH VIOLATION, AND TO ISSUE JUDG-
17 MENTS, WHICH MAY BE DOCKETED AND ENFORCED AS SET FORTH IN SECTION ONE
18 THOUSAND FORTY-NINE-A OF THE NEW YORK CITY CHARTER.
19 The loft board may charge and collect reasonable fees in the execution
20 of its responsibilities. The loft board may administer oaths, take affi-
21 davits, hear testimony, and take proof under oath at public or private
22 hearings.
23 S 3. The multiple dwelling law is amended by adding a new section
24 282-a to read as follows:
25 S 282-A. LIMITATION ON APPLICATIONS FOR COVERAGE OF INTERIM MULTIPLE
26 DWELLINGS AND RESIDENTIAL UNITS. ALL APPLICATIONS FOR REGISTRATION AS AN
27 INTERIM MULTIPLE DWELLING OR FOR COVERAGE OF RESIDENTIAL UNITS UNDER
28 THIS ARTICLE SHALL BE FILED WITH THE LOFT BOARD WITHIN SIX MONTHS AFTER
29 THE DATE THE LOFT BOARD SHALL HAVE ADOPTED ALL RULES OR REGULATIONS
30 NECESSARY IN ORDER TO IMPLEMENT THE PROVISIONS OF THE CHAPTER OF THE
31 LAWS OF 2010 WHICH ADDED THIS SECTION. THE LOFT BOARD MAY SUBSEQUENTLY
32 AMEND SUCH RULES AND REGULATIONS BUT SUCH AMENDMENTS SHALL NOT RECOM-
33 MENCE THE TIME PERIOD IN WHICH APPLICATIONS MAY BE FILED. NOTWITHSTAND-
34 ING ANY OTHER PROVISION OF THIS ARTICLE, AFTER SUCH DATE NO FURTHER
35 APPLICATIONS FOR REGISTRATION OR COVERAGE AS AN INTERIM MULTIPLE DWELL-
36 ING OR FOR COVERAGE UNDER THIS ARTICLE SHALL BE ACCEPTED FOR OWNERS OR
37 OCCUPANTS OF BUILDINGS THAT WOULD OTHERWISE QUALIFY AS INTERIM MULTIPLE
38 DWELLINGS OR FOR COVERAGE PURSUANT TO THIS ARTICLE.
39 S 4. Section 1 of part J of chapter 405 of the laws of 1999, amending
40 the real property tax law relating to improving the administration of
41 the school tax relief (STAR) program, as amended by section 1 of part A
42 of chapter 134 of the laws of 2010, is amended to read as follows:
43 Section 1. Notwithstanding the provisions of article 5 of the general
44 construction law, the provisions of the tax law amended by sections
45 94-a, 94-d and 94-g of chapter 2 of the laws of 1995 are hereby revived
46 and shall continue in full force and effect as they existed on March 31,
47 1999 [through July 2, 2010, when upon such date they shall expire and be
48 repealed]. Sections 1, 2, 3, 4, and 5, and such part of section 10 of
49 chapter 336 of the laws of 1999 as relates to providing for the effec-
50 tiveness of such sections 1, 2, 3, 4 and 5 shall be nullified in effect
51 on the effective date of this section, except that the amendments made
52 to: paragraph (2) of subdivision a of section 1612 of the tax law by
53 such section 1; and subdivision b of section 1612 of the tax law by such
54 section 2; and the repeal of section 152 of chapter 166 of the laws of
55 1991 made by such section 5 shall continue to remain in effect.
A. 11524--A 4
1 S 5. Paragraph 1 of subdivision a of section 1612 of the tax law, as
2 amended by chapter 336 of the laws of 1999, is amended to read as
3 follows:
4 (1) sixty percent of the total amount for which tickets have been sold
5 for a lawful lottery game introduced on or after the effective date of
6 this paragraph, subject to the following provisions:
7 (A) [drawings in such game shall be held during no more than thirteen
8 hours each day, no more than eight hours of which shall be consecutive;
9 (B)] such game shall be available only on premises occupied by
10 licensed lottery sales agents, subject to the following provisions:
11 (i) if the licensee holds a license issued pursuant to the alcoholic
12 beverage control law to sell alcoholic beverages for consumption on the
13 premises, then not less than twenty-five percent of the gross sales must
14 result from sales of food;
15 (ii) if the licensee does not hold a license issued pursuant to the
16 alcoholic beverage control law to sell alcoholic beverages for consump-
17 tion on the premises, then the premises must have a minimum square
18 footage greater than two thousand five hundred square feet;
19 (iii) notwithstanding the foregoing provisions, television equipment
20 that automatically displays the results of such drawings may be
21 installed and used without regard to the percentage of food sales or the
22 square footage if such premises are used as:
23 (I) a commercial bowling establishment, or
24 (II) a facility authorized under the racing, pari-mutuel wagering and
25 breeding law to accept pari-mutuel wagers;
26 [(C)] (B) the rules for the operation of such game shall be as
27 prescribed by regulations promulgated and adopted by the division,
28 provided however, that such rules shall provide that no person under the
29 age of twenty-one may participate in such games on the premises of a
30 licensee who holds a license issued pursuant to the alcoholic beverage
31 control law to sell alcoholic beverages for consumption on the premises;
32 and, provided, further, that such regulations may be revised on an emer-
33 gency basis not later than ninety days after the enactment of this para-
34 graph in order to conform such regulations to the requirements of this
35 paragraph; or
36 S 6. This act shall take effect immediately; provided, however,
37 sections one, two and three of this act shall take effect on the same
38 date and in the same manner as a chapter of the laws of 2010, amending
39 the multiple dwelling law relating to interim multiple dwellings in a
40 city of more than one million persons, as proposed in legislative bills
41 numbers S. 7178-A and A. 5667-C, takes effect.
