Bill Text: NY S00055 | 2015-2016 | General Assembly | Introduced
Bill Title: Requires applications related to coverage of residential units to be filed during a limited time period that commences after the loft board's final determination of approval for such interim multiple dwellings.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2016-01-06 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S00055 Detail]
Download: New_York-2015-S00055-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 55 2015-2016 Regular Sessions I N S E N A T E (PREFILED) January 7, 2015 ___________ Introduced by Sens. HOYLMAN, KRUEGER, SQUADRON -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development AN ACT to amend the multiple dwelling law, in relation to coverage of interim multiple dwellings and owner obligations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 282-a of the multiple dwelling law, as amended by 2 chapter 159 of the laws of 2011, is amended to read as follows: 3 S 282-a. [Limitation on applications] APPLICATIONS for coverage of 4 interim multiple dwellings and residential units. [1. All applications 5 for registration as an interim multiple dwelling or for coverage of 6 residential units under this article shall be filed with the loft board 7 within six months after the date the loft board shall have adopted all 8 rules or regulations necessary in order to implement the provisions of 9 chapter one hundred forty-seven of the laws of two thousand ten. The 10 loft board may subsequently amend such rules and regulations but such 11 amendments shall not recommence the time period in which applications 12 may be filed. Notwithstanding any other provision of this article, 13 after such date no further applications for registration or coverage as 14 an interim multiple dwelling or for coverage under this article shall be 15 accepted for owners or occupants of buildings that would otherwise qual- 16 ify as interim multiple dwellings or for coverage pursuant to this arti- 17 cle. 18 2.] Where any occupant has filed an application for coverage pursuant 19 to this article and has received a docket number from the loft board, it 20 shall be unlawful for an owner to cause or intend to cause such occupant 21 to vacate, surrender or waive any rights in relation to such occupancy, 22 due to repeated interruptions or discontinuances of essential services, 23 or an interruption or discontinuance of an essential service for an EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01953-01-5 S. 55 2 1 extended duration or of such significance as to substantially impair 2 habitability of such unit, at any time before the loft board has made a 3 final determination, including appeals, to approve or deny such applica- 4 tion. This [subdivision] SECTION shall not grant any rights of continued 5 occupancy other than those otherwise granted by law. Any agreement that 6 waives or limits the benefits of this [subdivision] SECTION shall be 7 deemed void as against public policy. In addition to any other remedies 8 provided in this article for failure to be in compliance, in article 9 eight of this chapter, or in the regulations promulgated by the loft 10 board, an occupant who has filed an application with the loft board for 11 coverage under this article may[, no later than thirty-six months after 12 the loft board shall have adopted rules and regulations as set forth in 13 subdivision one of this section,] commence an action or proceeding in a 14 court of competent jurisdiction, which notwithstanding any other 15 provision of law shall include the housing part of the New York city 16 civil court, to enforce the provisions of this [subdivision] SECTION. 17 S 2. Paragraph (vi) of subdivision 1 of section 284 of the multiple 18 dwelling law, as amended by chapter 4 of the laws of 2013, is amended to 19 read as follows: 20 (vi) Notwithstanding the provisions of paragraphs (i) through (v) of 21 this subdivision the owner of an interim multiple dwelling made subject 22 to this article by subdivision five of section two hundred eighty-one of 23 this article (A) shall file an alteration application [within nine 24 months from the effective date of the chapter of the laws of two thou- 25 sand ten which amended this subparagraph] ON OR BEFORE MARCH 26 TWENTY-FIRST, TWO THOUSAND ELEVEN, or, for units that became subject to 27 this article pursuant to [the] chapter FOUR of the laws of two thousand 28 thirteen [which amended this paragraph, within nine months of the 29 promulgation of all necessary rules and regulations pursuant to section 30 two hundred eighty-two-a of this article]ON OR BEFORE JUNE ELEVENTH, TWO 31 THOUSAND FOURTEEN, OR, FOR UNITS IN AN INTERIM MULTIPLE DWELLING THAT 32 WERE LISTED ON AN APPLICATION FOR COVERAGE OR REGISTRATION FILED WITH 33 THE LOFT BOARD PURSUANT TO THIS ARTICLE OR IN A COURT PLEADING AFTER 34 MARCH ELEVENTH, TWO THOUSAND FOURTEEN, WITHIN NINE MONTHS OF EITHER THE 35 DATE OF THE INITIAL APPLICATION FOR COVERAGE OR THE DATE OF THE LOFT 36 BOARD'S ISSUANCE OF AN INTERIM MULTIPLE DWELLING NUMBER OR THE DATE OF 37 THE SERVICE OF THE PLEADING, WHICHEVER IS EARLIER, and (B) shall take 38 all reasonable and necessary action to obtain an approved alteration 39 permit [within twelve months from such effective date] ON OR BEFORE JUNE 40 TWENTY-FIRST, TWO THOUSAND ELEVEN, or, for units that became subject to 41 this article pursuant to [the] chapter FOUR of the laws of two thousand 42 thirteen [which amended this paragraph, within twelve months of the 43 promulgation of all necessary rules and regulations pursuant to section 44 two hundred eighty-two-a of this article] ON OR BEFORE SEPTEMBER ELEV- 45 ENTH, TWO THOUSAND FOURTEEN, OR, FOR UNITS IN AN INTERIM MULTIPLE DWELL- 46 ING THAT WERE LISTED ON AN APPLICATION FOR COVERAGE OR REGISTRATION 47 FILED WITH THE LOFT BOARD PURSUANT TO THIS ARTICLE OR IN A COURT PLEAD- 48 ING AFTER MARCH ELEVENTH, TWO THOUSAND FOURTEEN, WITHIN TWELVE MONTHS OF 49 EITHER THE DATE OF THE INITIAL APPLICATION FOR COVERAGE OR THE DATE OF 50 THE LOFT BOARD'S ISSUANCE OF AN INTERIM MULTIPLE DWELLING NUMBER OR THE 51 DATE OF THE SERVICE OF THE PLEADING, WHICHEVER IS EARLIER, and (C) shall 52 achieve compliance with the standards of safety and fire protection set 53 forth in article seven-B of this chapter for the residential portions of 54 the building within eighteen months from obtaining such alteration 55 permit, and (D) shall take all reasonable and necessary action to obtain 56 a certificate of occupancy as a class A multiple dwelling for the resi- S. 55 3 1 dential portions of the building or structure [within thirty months from 2 such effective date] ON OR BEFORE DECEMBER TWENTY-FIRST, TWO THOUSAND 3 TWELVE, or for units that became subject to this article pursuant to 4 [the] chapter FOUR of the laws of two thousand thirteen [which amended 5 this paragraph within thirty months of the promulgation of all necessary 6 rules and regulations pursuant to section two hundred eighty-two-a of 7 this article] ON OR BEFORE MARCH ELEVENTH, TWO THOUSAND SIXTEEN, OR, FOR 8 UNITS IN AN INTERIM MULTIPLE DWELLING THAT WERE LISTED ON AN APPLICATION 9 FOR COVERAGE OR REGISTRATION FILED WITH THE LOFT BOARD PURSUANT TO THIS 10 ARTICLE OR IN A COURT PLEADING AFTER MARCH ELEVENTH, TWO THOUSAND FOUR- 11 TEEN, WITHIN THIRTY MONTHS OF EITHER THE DATE OF THE INITIAL APPLICATION 12 FOR COVERAGE OR THE DATE OF THE LOFT BOARD'S ISSUANCE OF AN INTERIM 13 MULTIPLE DWELLING NUMBER OR THE DATE OF THE SERVICE OF THE PLEADING, 14 WHICHEVER IS EARLIER. The loft board may, upon good cause shown, and 15 upon proof of compliance with the standards of safety and fire 16 protection set forth in article seven-B of this chapter, twice extend 17 the time of compliance with the requirement to obtain a residential 18 certificate of occupancy for periods not to exceed twelve months each. 19 S 3. Paragraph (vi) of subdivision 1 of section 284 of the multiple 20 dwelling law, as amended by chapter 135 of the laws of 2010, is amended 21 to read as follows: 22 (vi) Notwithstanding the provisions of paragraphs (i) through (v) of 23 this subdivision the owner of an interim multiple dwelling made subject 24 to this article by subdivision five of section two hundred eighty-one of 25 this article (A) shall file an alteration application [within nine 26 months from the effective date of the chapter of the laws of two thou- 27 sand ten which amended this subparagraph] ON OR BEFORE MARCH 28 TWENTY-FIRST, TWO THOUSAND ELEVEN, OR, FOR UNITS IN AN INTERIM MULTIPLE 29 DWELLING THAT WERE LISTED ON AN APPLICATION FOR COVERAGE OR REGISTRATION 30 FILED WITH THE LOFT BOARD PURSUANT TO THIS ARTICLE OR IN A COURT PLEAD- 31 ING AFTER MARCH ELEVENTH, TWO THOUSAND FOURTEEN, WITHIN NINE MONTHS OF 32 EITHER THE DATE OF THE INITIAL APPLICATION FOR COVERAGE OR THE DATE OF 33 THE LOFT BOARD'S ISSUANCE OF AN INTERIM MULTIPLE DWELLING NUMBER OR THE 34 DATE OF THE SERVICE OF THE PLEADING, WHICHEVER IS EARLIER and (B) shall 35 take all reasonable and necessary action to obtain an approved alter- 36 ation permit [within twelve months from such effective date] ON OR 37 BEFORE JUNE TWENTY-FIRST, TWO THOUSAND ELEVEN, OR, FOR UNITS IN AN 38 INTERIM MULTIPLE DWELLING THAT WERE LISTED ON AN APPLICATION FOR COVER- 39 AGE OR REGISTRATION FILED WITH THE LOFT BOARD PURSUANT TO THIS ARTICLE 40 OR IN A COURT PLEADING AFTER MARCH ELEVENTH, TWO THOUSAND FOURTEEN, 41 WITHIN TWELVE MONTHS OF EITHER THE DATE OF THE INITIAL APPLICATION FOR 42 COVERAGE OR THE DATE OF THE LOFT BOARD'S ISSUANCE OF AN INTERIM MULTIPLE 43 DWELLING NUMBER OR THE DATE OF THE SERVICE OF THE PLEADING, WHICHEVER IS 44 EARLIER and (C) shall achieve compliance with the standards of safety 45 and fire protection set forth in article seven-B of this chapter for the 46 residential portions of the building within eighteen months from obtain- 47 ing such alteration permit [or eighteen months from such effective date, 48 whichever is later], and (D) shall take all reasonable and necessary 49 action to obtain a certificate of occupancy as a class A multiple dwell- 50 ing for the residential portions of the building or structure [within 51 thirty-six months from such effective date] ON OR BEFORE JUNE 52 TWENTY-FIRST, TWO THOUSAND THIRTEEN, OR, FOR UNITS IN AN INTERIM MULTI- 53 PLE DWELLING THAT WERE LISTED ON AN APPLICATION FOR COVERAGE OR REGIS- 54 TRATION FILED WITH THE LOFT BOARD PURSUANT TO THIS ARTICLE OR IN A COURT 55 PLEADING AFTER MARCH ELEVENTH, TWO THOUSAND FOURTEEN, WITHIN THIRTY-SIX 56 MONTHS OF EITHER THE DATE OF THE INITIAL APPLICATION FOR COVERAGE OR THE S. 55 4 1 DATE OF THE LOFT BOARD'S ISSUANCE OF AN INTERIM MULTIPLE DWELLING NUMBER 2 OR THE DATE OF THE SERVICE OF THE PLEADING, WHICHEVER IS EARLIER. The 3 loft board may, upon good cause shown, and upon proof of compliance with 4 the standards of safety and fire protection set forth in article seven-B 5 of this chapter, twice extend the time of compliance with the require- 6 ment to obtain a residential certificate of occupancy for periods not to 7 exceed twelve months each. 8 S 4. This act shall take effect immediately and shall be deemed to 9 have been in full force and effect on and after March 11, 2014; 10 provided, however, that the amendments to paragraph (vi) of subdivision 11 1 of section 284 of the multiple dwelling law made by section two of 12 this act shall be subject to the expiration and reversion of such para- 13 graph pursuant to subdivision (h) of section 27 of chapter 4 of the laws 14 of 2013, as amended, when upon such date the provisions of section three 15 of this act shall take effect.