Bill Text: NY S09287 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to establishing a program to address the legalization of specified inhabited accessory spaces and the conversion of accessory spaces in a city with a population of one million or more.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-05-12 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S09287 Detail]
Download: New_York-2021-S09287-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9287 IN SENATE May 12, 2022 ___________ Introduced by Sen. KAVANAGH -- 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 and the private housing finance law, in relation to establishing a program to address the legalization of specified inhabited accessory spaces and the conver- sion of accessory spaces in a city with a population of one million or more 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 arti- 2 cle 7-D to read as follows: 3 ARTICLE 7-D 4 ACCESSORY SPACES 5 Section 288. Definitions. 6 289. Inhabited accessory space and accessory space local laws 7 and regulations. 8 290. Tenant protections in inhabited accessory spaces. 9 § 288. Definitions. As used in this article, unless the context or 10 subject matter requires otherwise, the following terms shall have the 11 following meanings: 12 1. "inhabited accessory space" means an accessory space unlawfully 13 occupied as a residence by one or more tenants on or prior to the effec- 14 tive date of this article; 15 2. "accessory space" means occupiable space in a private dwelling or 16 multiple dwelling or on the same tax lot as a private dwelling or multi- 17 ple dwelling, including but not limited to a garage, attic, basement or 18 cellar, that is in existence on the effective date of this article and 19 that may be converted to habitable space in accordance with a local law 20 authorized by this article; 21 3. "habitable space" means rooms and spaces within a dwelling unit, 22 including bedrooms, living rooms, studies, recreation rooms, kitchens, 23 dining rooms, and other similar spaces; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15876-01-2S. 9287 2 1 4. "occupiable space" means a room or enclosed space, other than a 2 habitable space, designed for human occupancy or use; 3 5. "rented" means leased, let, or hired out, with or without a written 4 agreement; and 5 6. "tenant" means an individual to whom an inhabited accessory space 6 is rented. 7 § 289. Inhabited accessory space and accessory space local laws and 8 regulations. 1. Notwithstanding any other provision of state or local 9 law to the contrary, in a city with a population of one million or more, 10 the local legislative body may, by local law, establish a program to 11 address, as appropriate, and provided that safety is protected, (a) the 12 legalization of specified inhabited accessory spaces through conversion 13 of such spaces that are in existence prior to the effective date of this 14 article to legal dwelling units, or (b) the conversion of other speci- 15 fied accessory spaces in existence prior to the effective date of this 16 article to legal dwelling units. 17 2. The program established by such local law may provide to an owner 18 who converts an inhabited accessory space in accordance with a local law 19 authorized by this article or who otherwise abates the illegal occupancy 20 of an accessory space amnesty from prosecution, as applicable, for 21 violations of this chapter or other state law or local law, rules, and 22 the zoning resolution of such city, and resolution of any outstanding 23 judgments issued in connection with any violation of such laws, rules or 24 zoning resolution issued before the effective date of this article. 25 3. Such local law may provide that any provision of this chapter or 26 any other state law or local law, rule or regulation, shall not be 27 applicable, as necessary, to provide for the alterations necessary for 28 the conversion of an inhabited accessory space or accessory space into a 29 lawful dwelling unit. Any amendment of the zoning resolution necessary 30 to enact such program shall be subject to a public hearing at the plan- 31 ning commission of such locality, and approval by such commission and 32 the legislative body of such local government, but shall not require 33 environmental review or any additional land use review. 34 § 290. Tenant protections in inhabited accessory spaces. 1. The 35 program authorized by this article shall require an application to make 36 alterations to legalize an inhabited accessory space be accompanied by a 37 certification indicating whether such unit was rented to a tenant on the 38 effective date of this article, notwithstanding whether the occupancy of 39 such unit was authorized by law. A city may not use such certification 40 as the basis for an enforcement action for illegal occupancy of such 41 unit, provided that nothing contained in this article shall be construed 42 to limit such city from issuing a vacate order for hazardous conditions, 43 when appropriate. 44 2. The local law authorized by this article shall provide that a 45 tenant in occupancy at the time of the effective date of this article, 46 who is evicted or otherwise removed from such unit as a result of an 47 alteration necessary to bring an inhabited accessory space into compli- 48 ance with the standards established by the local law authorized by this 49 article, shall have a right of first refusal to return to such unit as a 50 tenant upon its first lawful occupancy as a legal dwelling unit, 51 notwithstanding whether the occupancy at the time of the effective date 52 of this article was authorized by law. Such local law shall specify how 53 to determine priority when multiple tenants may claim such right. 54 3. A tenant unlawfully denied a right of first refusal to return to a 55 legal dwelling unit, as provided pursuant to the local law authorized by 56 this article, shall have a cause of action in any court of competentS. 9287 3 1 jurisdiction for compensatory damages or declaratory and injunctive 2 relief as the court deems necessary in the interests of justice, 3 provided that such compensatory relief shall not exceed the annual 4 rental charges for such legal dwelling unit. 5 § 2. Subdivision 1 of section 472 of the private housing finance law, 6 as amended by chapter 479 of the laws of 2005, is amended to read as 7 follows: 8 1. Notwithstanding the provisions of any general, special or local 9 law, a municipality, acting through an agency, is authorized: (a) to 10 make, or contract to make, loans to low and moderate income owner-occu- 11 pants of one to four unit existing private or multiple dwellings within 12 its territorial limits, subject to the limitation of subdivisions two 13 through seven of this section, in such amounts as shall be required for 14 the rehabilitation of such dwellings, provided, however, that such loans 15 shall not exceed sixty thousand dollars per dwelling unit, except that 16 the limitation on the maximum amount of a loan, as described in this 17 paragraph, shall not apply to any such loan for, in whole or in part, 18 rehabilitation of an inhabited accessory space or an accessory space for 19 which such owner has sought a permit pursuant to the local law author- 20 ized pursuant to section two hundred eighty-nine of the multiple dwell- 21 ing law. Such loans may also include the refinancing of the outstanding 22 indebtedness of such dwellings, and the municipality may make temporary 23 loans or advances to such owner-occupants in anticipation of permanent 24 loans for such purposes; and 25 (b) to make or contract to make grants to any owner described in para- 26 graph (a) of this subdivision, on the same terms as permitted under such 27 paragraph for a loan. 28 § 3. Section 472 of the private housing finance law is amended by 29 adding a new subdivision 1-a to read as follows: 30 1-a. As used in this article, the term "loan" shall include any grant 31 made by a municipality pursuant to this article, provided, however, that 32 provisions of this article concerning the repayment or forgiveness of, 33 or security for, a loan shall not apply to any grant made pursuant to 34 this article. 35 § 4. Subdivision 2 of section 473 of the private housing finance law, 36 as added by chapter 786 of the laws of 1987, is amended to read as 37 follows: 38 2. A municipality shall neither make nor participate in a loan to an 39 owner-occupant of an existing private or multiple dwelling pursuant to 40 this article unless the agency finds that the area in which such dwell- 41 ing is situated is a blighted, deteriorated or deteriorating area or has 42 a blighting influence on the surrounding area, or is in danger of becom- 43 ing a slum or a blighted area because of the existence of substandard, 44 unsanitary, deteriorating or deteriorated conditions, an aged housing 45 stock, or other factors indicating an inability of the private sector to 46 cause such rehabilitation to be made, except that any such finding shall 47 not be required for any such loan for, in whole or in part, rehabili- 48 tation of an inhabited accessory space or an accessory space for which 49 such owner has sought a permit pursuant to the local law authorized 50 pursuant to section two hundred eighty-nine of the multiple dwelling 51 law. 52 § 5. This act shall take effect immediately.
