Bill Text: NY A05841 | 2019-2020 | General Assembly | Amended
Bill Title: Amends the definition of interim multiple dwelling units; authorizes claims originating in the loft board to be brought in civil court; amends how rents in interim dwelling units are controlled; subjects cooperative and condominium units to certain rent regulations; makes certain provisions relating to such permanent.
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Passed) 2019-06-25 - signed chap.41 [A05841 Detail]
Download: New_York-2019-A05841-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5841--A 2019-2020 Regular Sessions IN ASSEMBLY February 20, 2019 ___________ Introduced by M. of A. GLICK, CYMBROWITZ, LENTOL, NOLAN, DAVILA, L. ROSENTHAL, DE LA ROSA, EPSTEIN -- read once and referred to the Committee on Housing -- 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 multi- ple 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 Assem- bly, do enact as follows: 1 Section 1. Subdivision 5 of section 281 of the multiple dwelling law, 2 as amended by chapter 4 of the laws of 2013, is amended to read as 3 follows: 4 5. (a) Notwithstanding the provisions of paragraphs (i), (iii) and 5 (iv) of subdivision two of this section, but subject to paragraphs (i) 6 and (ii) of subdivision one of this section and paragraph (ii) of subdi- 7 vision two of this section, the term "interim multiple dwelling" shall 8 include buildings, structures or portions thereof that are located in a 9 city of more than one million persons which were occupied for residen- 10 tial purposes as the residence or home of any three or more families 11 living independently from one another for a period of twelve consecutive 12 months during the period commencing January first, two thousand eight, 13 and ending December thirty-first, two thousand nine, provided that the 14 unit seeking coverage: is not located in a [basement or] cellar and has 15 at least one entrance that does not require passage through another 16 residential unit to obtain access to the unit, [has at least one window17opening onto a street or a lawful yard or court as defined in the zoning18resolution for such municipality,] and is at least four hundred square 19 feet in area. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05541-11-9A. 5841--A 2 1 (b) The term "interim multiple dwelling" as used in this subdivision 2 shall not include (i) any building in an industrial business zone estab- 3 lished pursuant to chapter six-D of title twenty-two of the administra- 4 tive code of the city of New York except that a building in the 5 Williamsburg/Greenpoint or North Brooklyn industrial business zones 6 (other than a building within such North Brooklyn business zone that is 7 in a district zoned M3, as such district is described in the zoning 8 resolution of such municipality in effect at the time the application 9 for registration as an interim multiple dwelling or for coverage of 10 residential units under this article is filed) and a building located in 11 that portion of the Long Island city industrial business zone that has 12 frontage on either side of forty-seventh avenue or is located north of 13 forty-seventh avenue and south of Skillman avenue or in that portion of 14 the Long Island city industrial business zone that is located north of 15 forty-fourth drive, south of Queens plaza north, and west of twenty- 16 third street may be included in the term "interim multiple dwelling," or 17 (ii) units in any building, other than a building that is already 18 defined as an "interim multiple dwelling" pursuant to subdivision one, 19 two, three or four of this section, that, at the time this subdivision 20 shall take effect and continuing [at] until the time of the submission 21 of an application for coverage by any party, also contains a use in 22 legal operation, actively and currently pursued, which use is set forth 23 in use [groups fifteen through] group eighteen, as described in the 24 zoning resolution of such municipality in effect on June twenty-first, 25 two thousand ten, and which the loft board has determined in rules and 26 regulation is inherently incompatible with residential use in the same 27 building by creating an actual risk of harm which cannot be reasonably 28 mitigated, provided that the loft board may by rule exempt categories of 29 units or buildings from such use incompatibility determinations includ- 30 ing but not limited to residentially occupied units or subcategories of 31 such units, and provided, further that if a building does not contain 32 such active uses at the time this subdivision takes effect, no subse- 33 quent use by the owner of the building shall eliminate the protections 34 of this section for any residential occupants in the building already 35 qualified for such protections. A party opposing coverage pursuant to 36 this subdivision shall bear the burden of proving the exception to 37 coverage set forth in subparagraph (ii) of this paragraph. 38 (c) The term "interim multiple dwelling," as used in this subdivision 39 shall also include buildings, structures or portions thereof that are 40 located north of West 24th Street and south of West 27th Street and west 41 of tenth avenue and east of eleventh avenue in a city of more than one 42 million persons which were occupied for residential purposes as the 43 residence or home of any two or more families living independently from 44 one another for a period of twelve consecutive months during the period 45 commencing January first, two thousand eight, and ending December thir- 46 ty-first, two thousand nine and subject to all the conditions and limi- 47 tations of this subdivision other than the number of units in the build- 48 ing. A reduction in the number of occupied residential units in a 49 building after meeting the aforementioned twelve consecutive month 50 requirement shall not eliminate the protections of this section for any 51 remaining residential occupants qualified for such protections. Non-re- 52 sidential space in a building as of the effective date of this subdivi- 53 sion shall be offered for residential use only after the obtaining of a 54 residential certificate of occupancy for such space and such space shall 55 be exempt from this article, even if a portion of such building may be 56 an interim multiple dwelling.A. 5841--A 3 1 § 2. Section 281 of the multiple dwelling law is amended by adding a 2 new subdivision 6 to read as follows: 3 6. (a) Notwithstanding the provisions of paragraphs (i), (iii) and 4 (iv) of subdivision two of this section, but subject to paragraphs (i) 5 and (ii) of subdivision one of this section and paragraph (ii) of subdi- 6 vision two of this section, the term "interim multiple dwelling" shall 7 include buildings, structures or portions thereof that are located in a 8 city of more than one million persons which were occupied for residen- 9 tial purposes as the residence or home of any three or more families 10 living independently from one another for a period of twelve consecutive 11 months during the period commencing January first, two thousand fifteen, 12 and ending December thirty-first, two thousand sixteen, provided that 13 the unit seeking coverage: is not located in a cellar and has at least 14 one entrance that does not require passage through another residential 15 unit to obtain access to the unit, and is at least four hundred square 16 feet in area. 17 (b) The term "interim multiple dwelling" as used in this subdivision 18 shall not include (i) any building in an industrial business zone estab- 19 lished pursuant to chapter six-D of title twenty-two of the administra- 20 tive code of the city of New York except that a building in the 21 Williamsburg/Greenpoint or North Brooklyn industrial business zones 22 other than a building within such North Brooklyn industrial business 23 zone that is in a district zoned M3, as such district is described in 24 the zoning resolution of such municipality in effect at the time the 25 application for registration as an interim multiple dwelling or for 26 coverage of residential units under this article is filed) and a build- 27 ing located in that portion of the Long Island city industrial business 28 zone that has frontage on either side of forty-seventh avenue or is 29 located north of forty-seventh avenue and south of Skillman avenue or in 30 that portion of the Long Island city industrial business zone that is 31 located north of forty-fourth drive, south of Queens plaza north, and 32 west of twenty-third street may be included in the term "interim multi- 33 ple dwelling", or (ii) units in any building, other than a building that 34 is already defined as an "interim multiple dwelling" pursuant to subdi- 35 vision one, two, three, four or five of this section, that, at the time 36 this subdivision shall take effect and continuing until the time of the 37 submission of an application for coverage by any party, also contains a 38 use in legal operation, actively and currently pursued, which use is set 39 forth in use group eighteen, as described in the zoning resolution of 40 such municipality in effect on June twenty-first, two thousand ten, and 41 which the loft board has determined in rules and regulation is inherent- 42 ly incompatible with residential use in the same building by creating an 43 actual risk of harm which cannot be reasonably mitigated, provided that 44 the loft board may by rule exempt categories of units or buildings from 45 such use incompatibility determinations including but not limited to 46 residentially occupied units or subcategories of such units, and 47 provided, further that if a building does not contain such active uses 48 at the time this subdivision takes effect, no subsequent use by the 49 owner of the building shall eliminate the protections of this section 50 for any residential occupants in the building already qualified for such 51 protections. A party opposing coverage pursuant to this subdivision 52 shall bear the burden of proving the exception to coverage set forth in 53 subparagraph (ii) of this paragraph. 54 (c) The term "interim multiple dwelling", as used in this subdivision 55 shall also include buildings, structures or portions thereof that are 56 located north of West 24th Street and south of West 27th Street and westA. 5841--A 4 1 of tenth avenue and east of eleventh avenue in a city of more than one 2 million persons which were occupied for residential purposes as the 3 residence or home of any two or more families living independently from 4 one another for a period of twelve consecutive months during the period 5 commencing January first, two thousand fifteen, and ending December 6 thirty-first, two thousand sixteen and subject to all the conditions and 7 limitations of this subdivision other than the number of units in the 8 building. A reduction in the number of occupied residential units in a 9 building after meeting the aforementioned twelve consecutive month 10 requirement shall not eliminate the protections of this section for any 11 remaining residential occupants qualified for such protections. Non-re- 12 sidential space in a building as of the effective date of this subdivi- 13 sion shall be offered for residential use only after the obtaining of a 14 residential certificate of occupancy for such space and such space shall 15 be exempt from this article, even if a portion of such building may be 16 an interim multiple dwelling. 17 § 3. Section 282 of the multiple dwelling law, as amended by chapter 18 147 of the laws of 2010, is amended to read as follows: 19 § 282. Establishment of special loft unit. 1. In order to resolve 20 complaints of owners of interim multiple dwellings and of residential 21 occupants of such buildings qualified for the protection of this arti- 22 cle, and to act upon hardship applications made pursuant to this arti- 23 cle, a special loft unit referred to herein as the "loft board" shall be 24 established which shall consist of from four to nine members represen- 25 tative of the public, the real estate industry, loft residential 26 tenants, and loft manufacturing interests, and a chairperson, all to be 27 appointed by the mayor of the municipality and to serve such terms as he 28 may designate. The compensation of the members of the loft board shall 29 be fixed by the mayor. The members of the loft board shall not be 30 considered employees of the state or the municipality, provided, howev- 31 er, that state or municipal employees or officers may be named to the 32 loft board. The mayor shall establish the loft board within ninety days 33 of the effective date of chapter three hundred forty-nine of the laws of 34 nineteen hundred eighty-two. The loft board shall have such office and 35 staff as shall be necessary to carry out functions conferred upon it and 36 may request and receive assistance from any state or municipal agency or 37 department. The loft board shall have the following duties: [(a)] (i) 38 the determination of interim multiple dwelling status and other issues 39 of coverage pursuant to this article; [(b)] (ii) the resolution of all 40 hardship appeals brought under this article; [(c)] (iii) the determi- 41 nation of any claim for rent adjustment under this article by an owner 42 or tenant; [(d)] (iv) the issuance, after a public hearing, and the 43 enforcement of rules and regulations governing minimum housing mainte- 44 nance standards in interim multiple dwellings (subject to the provisions 45 of this chapter and any local building code), rent adjustments prior to 46 legalization, compliance with this article and the hearing of complaints 47 and applications made to it pursuant to this article; and [(e)] (v) 48 determination of controversies arising over the fair market value of a 49 residential tenant's fixtures or reasonable moving expenses. 50 2. The violation of any rule or regulation promulgated by the loft 51 board shall be punishable by a civil penalty determined by the loft 52 board not to exceed [seventeen thousand five hundred] twenty-five thou- 53 sand dollars which may be recovered by the municipality by a proceeding 54 in any court of competent jurisdiction. The corporation counsel may 55 bring and maintain a civil proceeding in the name of the city in the 56 supreme court of the county in which the building, erection or place isA. 5841--A 5 1 located to enjoin violations of this article. The loft board may desig- 2 nate provisions of such rules and regulations for enforcement in 3 proceedings before the environmental control board of such municipality. 4 Notices of violation returnable to such environmental control board may 5 be issued by officers and employees of the department of buildings of 6 such municipality and served in the same manner as violations returnable 7 to such board within the jurisdiction of such department. The environ- 8 mental control board, when acting as the designee of the loft board, 9 shall have the power to impose civil penalties, not to exceed [seven-10teen] twenty-five thousand [five hundred] dollars for each violation, 11 and to issue judgments, which may be docketed and enforced as set forth 12 in section one thousand forty-nine-a of the New York city charter. 13 3. The loft board may charge and collect reasonable fees in the 14 execution of its responsibilities. The loft board may administer oaths, 15 take affidavits, hear testimony, and take proof under oath at public or 16 private hearings. 17 § 4. Section 282-a of the multiple dwelling law, as amended by section 18 22 of part A of chapter 20 of the laws of 2015, is amended to read as 19 follows: 20 § 282-a. Applications for coverage of interim multiple dwellings and 21 residential units. [1. All applications for registration as an interim22multiple dwelling or for coverage of residential units under this arti-23cle shall be filed with the loft board within six months after the date24the loft board shall have adopted all rules or regulations necessary in25order to implement the provisions of chapter one hundred forty-seven of26the laws of two thousand ten, provided, however, that applications for27registration as an interim multiple dwelling or for coverage of residen-28tial units under this article may also be filed for a two-year period29starting from the effective date of the chapter of the laws of two thou-30sand fifteen which amended this section. The loft board may subsequently31amend such rules and regulations but such amendments shall not recom-32mence the time period in which applications may be filed.332.] Where any occupant has filed an application for coverage pursuant 34 to this article and has received a docket number from the loft board, it 35 shall be unlawful for an owner to cause or intend to cause such occupant 36 to vacate, surrender or waive any rights in relation to such occupancy, 37 due to repeated interruptions or discontinuances of essential services, 38 or an interruption or discontinuance of an essential service for an 39 extended duration or of such significance as to substantially impair 40 habitability of such unit, at any time before the loft board has made a 41 final determination, including appeals, to approve or deny such applica- 42 tion. This section shall not grant any rights of continued occupancy 43 other than those otherwise granted by law. Any agreement that waives or 44 limits the benefits of this section shall be deemed void as against 45 public policy. In addition to any other remedies provided in this arti- 46 cle for failure to be in compliance, in article eight of this chapter, 47 or in the regulations promulgated by the loft board, an occupant who has 48 filed an application with the loft board for coverage under this article 49 may commence an action or proceeding in a court of competent jurisdic- 50 tion, which notwithstanding any other provision of law shall include the 51 housing part of the New York city civil court, to enforce the provisions 52 of this section. 53 § 5. Paragraph (vi) of subdivision 1 of section 284 of the multiple 54 dwelling law, as amended by section 22-a of part A of chapter 20 of the 55 laws of 2015, is amended to read as follows:A. 5841--A 6 1 (vi) Notwithstanding the provisions of paragraphs (i) through (v) of 2 this subdivision the owner of an interim multiple dwelling made subject 3 to this article by subdivision five of section two hundred eighty-one of 4 this article (A) shall file an alteration application on or before March 5 twenty-first, two thousand eleven, or, for units that became subject to 6 this article pursuant to chapter four of the laws of two thousand thir- 7 teen on or before June eleventh, two thousand fourteen, or, for units 8 that became subject to this article pursuant to the chapter of the laws 9 of two thousand nineteen that amended this paragraph within nine months 10 from such effective date, or for units in an interim multiple dwelling 11 that were listed on an application for coverage or registration filed 12 with the loft board pursuant to this article or in a court pleading 13 after March eleventh, two thousand fourteen, within nine months of 14 either the date of the initial application for coverage or the date of 15 the loft board's issuance of an interim multiple dwelling number or the 16 date of the service of the pleading, whichever is earlier, and (B) shall 17 take all reasonable and necessary action to obtain an approved alter- 18 ation permit on or before June twenty-first, two thousand eleven, or, 19 for units that became subject to this article pursuant to chapter four 20 of the laws of two thousand thirteen on or before September eleventh, 21 two thousand fourteen, or, for units that became subject to this article 22 pursuant to the chapter of the laws of two thousand nineteen that 23 amended this paragraph within twelve months from such effective date, or 24 for units in an interim multiple dwelling that were listed on an appli- 25 cation for coverage or registration filed with the loft board pursuant 26 to this article or in a court pleading after March eleventh, two thou- 27 sand fourteen, within twelve months of either the date of the initial 28 application for coverage or the date of the loft board's issuance of an 29 interim multiple dwelling number or the date of the service of the 30 pleading, whichever is earlier, and (C) shall achieve compliance with 31 the standards of safety and fire protection set forth in article seven-B 32 of this chapter for the residential portions of the building within 33 eighteen months from obtaining such alteration permit, and (D) shall 34 take all reasonable and necessary action to obtain a certificate of 35 occupancy as a class A multiple dwelling for the residential portions of 36 the building or structure on or before December twenty-first, two thou- 37 sand twelve, or for units that became subject to this article pursuant 38 to chapter four of the laws of two thousand thirteen on or before March 39 eleventh, two thousand sixteen, or, for units that became subject to 40 this article pursuant to the chapter of the laws of two thousand nine- 41 teen that amended this paragraph within thirty-six months from such 42 effective date, or for units in an interim multiple dwelling that were 43 listed on an application for coverage or registration filed with the 44 loft board pursuant to this article or in a court pleading after March 45 eleventh, two thousand sixteen, within thirty months of either the date 46 of the initial application for coverage or the date of the loft board's 47 issuance of an interim multiple dwelling number or the date of the 48 service of the pleading, whichever is earlier. The loft board may, upon 49 good cause shown, and upon proof of compliance with the standards of 50 safety and fire protection set forth in article seven-B of this chapter, 51 twice extend the time of compliance with the requirement to obtain a 52 residential certificate of occupancy for periods not to exceed twelve 53 months each. 54 § 6. Paragraphs (vii), (viii), (ix), (x) and (xi) of subdivision 1 and 55 subdivision 2 of section 284 of the multiple dwelling law, paragraphs 56 (vii), (viii), (ix), (x) and (xi) of subdivision 1 as amended by chapterA. 5841--A 7 1 135 of the laws of 2010 and subdivision 2 as added by chapter 349 of the 2 laws of 1982, are amended to read as follows: 3 (vii) Notwithstanding the provisions of paragraphs (i) through (vi) of 4 this subdivision the owner of an interim multiple dwelling made subject 5 to this article by subdivision six of section two hundred eighty-one of 6 this article (A) shall file an alteration application within nine months 7 from the effective date of the chapter of the laws of two thousand nine- 8 teen that amended this paragraph, and (B) shall take all reasonable and 9 necessary action to obtain an approved alteration permit within twelve 10 months from such effective date, and (C) shall achieve compliance with 11 the standards of safety and fire protection set forth in article seven-B 12 of this chapter for the residential portions of the building within 13 eighteen months from obtaining such alteration permit or eighteen months 14 from such effective date, whichever is later, and (D) shall take all 15 reasonable and necessary action to obtain a certificate of occupancy as 16 a class A multiple dwelling for the residential portions of the building 17 or structure within thirty-six months from such effective date. The 18 loft board may, upon good cause shown, and upon proof of compliance with 19 the standards of safety and fire protection set forth in article seven-B 20 of this chapter, twice extend the time of compliance with the require- 21 ment to obtain a residential certificate of occupancy for periods not to 22 exceed twelve months each. 23 (viii) An owner who is unable to satisfy any requirement specified in 24 paragraph (ii), (iii), (iv), (v), [or] (vi), or (vii) of this subdivi- 25 sion for reasons beyond his/her control, including, but not limited to, 26 a requirement to obtain a certificate of appropriateness for modifica- 27 tion of a landmarked building, a need to obtain a variance from a board 28 of standards and appeals, or the denial of reasonable access to a resi- 29 dential unit as required by paragraph [(xi)] (xii) of this subdivision, 30 may apply to the loft board for an extension of time to meet the 31 requirement specified in paragraph (ii), (iii), (iv), (v), [or] (vi), or 32 (vii) of this subdivision. The loft board may grant an extension of time 33 to meet a requirement specified in paragraph (ii), (iii), (iv), (v), 34 [or] (vi), or (vii) of this subdivision provided that the owner demon- 35 strates that he/she has made good faith efforts to satisfy the require- 36 ments. 37 [(viii)] (ix) If there is a finding by the loft board that an owner 38 has failed to satisfy any requirement specified in paragraph (i), (ii), 39 (iii), (iv), (v), [or] (vi), or (vii) of this subdivision, such owner 40 shall be subject to all penalties set forth in article eight of this 41 chapter. 42 [(ix)] (x) In addition to the penalties provided in article eight of 43 this chapter, if there is a finding by the loft board that an owner has 44 failed to satisfy any requirement specified in paragraph (i), (ii), 45 (iii), (iv), (v), [or] (vi), or (vii) of this subdivision, a court may 46 order specific performance to enforce the provisions of this article 47 upon the application of three occupants of separate residential units, 48 qualified for the protection of this article, or upon the application of 49 the municipality. 50 [(x)] (xi) If, as a consequence of an owner's unlawful failure to 51 comply with the provisions of paragraph (i), (ii), (iii), (iv), (v), 52 [or] (vi), or (vii) of this subdivision, any residential occupant quali- 53 fied for protection pursuant to this article is required to vacate his 54 or her unit as a result of a municipal vacate order, such occupant may 55 recover from the owner the fair market value of any improvements made by 56 such tenant and reasonable moving costs. Any vacate order issued as toA. 5841--A 8 1 such unit by a local government shall be deemed an order to the owner to 2 correct the non-compliant conditions, subject to the provisions of this 3 article. Furthermore, when such correction has been made, such occupant 4 shall have the right to re-occupy his or her unit and shall be entitled 5 to all applicable tenant protections of this article. 6 [(xi)] (xii) The occupants of a building shall, upon appropriate 7 notice regarding the timing and scope of the work required, afford the 8 owner reasonable access to their units so that the work necessary for 9 compliance with this article can be carried out. Access shall also be 10 afforded, upon reasonable prior notice, for the purpose of inspecting 11 and surveying units as may be required to comply with the provisions of 12 this article and article seven-B of this chapter. Failure to comply with 13 an order of the loft board regarding access shall be grounds for 14 eviction of a tenant. 15 2. Every owner of an interim multiple dwelling, every lessee of a 16 whole building part of which is an interim multiple dwelling, and every 17 agent or other person having control of such a dwelling, shall, within 18 sixty days of the effective date of the act which added this article, 19 file with the loft board or any other authority designated by the mayor 20 a notice in conformity with all provisions of section three hundred 21 twenty-five of this chapter and with rules and regulations to be promul- 22 gated by the loft board. 23 § 7. Subparagraphs (A) and (B) of paragraph (ii) of subdivision 2 of 24 section 286 of the multiple dwelling law, as amended by chapter 4 of the 25 laws of 2013, are amended to read as follows: 26 (A) Upon the owners' filing of an alteration application, as required 27 by [paragraph] paragraphs (ii), (iii), (iv), (v), [or] (vi), and (vii) 28 of subdivision one of section two hundred eighty-four of this article, 29 an adjustment equal to three percent of the rent in effect at the time 30 the owner files the alteration application. 31 (B) Upon obtaining an alteration permit, as required by [paragraph] 32 paragraphs (ii), (iii), (iv), (v), [or] (vi), and (vii) of subdivision 33 one of section two hundred eighty-four of this article, an adjustment 34 equal to three percent of the rent in effect at the time the owner 35 obtains the alteration permit. 36 § 8. Subdivisions (f), (g) and (h) of section 27 of chapter 4 of the 37 laws of 2013 amending the real property tax law and other laws relating 38 to interim multiple dwellings in a city with a population of one million 39 or more, subdivision (h) as amended by section 21 of part A of chapter 40 20 of the laws of 2015, are amended to read as follows: 41 (f) sections eighteen, nineteen and twenty of this act shall be deemed 42 to have been in full force and effect on and after June 1, 2011; and 43 (g) notwithstanding any inconsistent provision of this act, the amend- 44 ment to subdivision 5 of section 281 of the multiple dwelling law made 45 by section twenty-one of this act in relation to the authority of the 46 loft board to exempt categories or subcategories of units or buildings 47 by rule from determinations of inherently incompatible uses shall be 48 deemed to have been in force and effect on and after June 21, 2010 and 49 to authorize rules of the loft board promulgated after such date that 50 make such exemptions[; and51(h) sections twenty-one, twenty-two, twenty-three and twenty-four52shall expire and be deemed repealed on June 30, 2019]. 53 § 9. With regards to occupied interim multiple dwellings or residen- 54 tial units with residential occupants as of the effective date of this 55 act and meeting the specified dates of eligibility, within the North 56 Brooklyn industrial business zones (other than a building within suchA. 5841--A 9 1 North Brooklyn industrial business zone that is in a district zoned M3, 2 as such district is described in the zoning resolution of such munici- 3 pality in effect at the time the application for registration as an 4 interim multiple dwelling or for coverage of residential units under 5 article 7-C of the multiple dwelling law, is filed), such applications 6 for registration as an interim multiple dwelling or for coverage of 7 residential units which were occupied for residential purposes as the 8 residence or home of any three or more families living independently 9 from one another for a period of twelve consecutive months pursuant to 10 subdivision 5 or 6 of section 281 of the multiple dwelling law shall be 11 filed with the loft board within nine months after the date the loft 12 board shall have adopted all rules or regulations necessary in order to 13 implement the provisions of this act. The loft board may subsequently 14 amend such rules and regulations but such amendments shall not recom- 15 mence the time period in which applications may be filed. 16 § 10. No provision of this act or article 7-C of the multiple dwelling 17 law, as amended by this act, or any other law or prior judgment, shall 18 be construed to prevent an application from being filed with the loft 19 board and considered by such board, or a claim in a court of competent 20 jurisdiction, for coverage or for registration as an interim multiple 21 dwelling or units within a building, including those previously deter- 22 mined not to be covered, where the basis for such application or claim 23 is that such building or units are subject to such article as a result 24 of the amendments made by this act. 25 § 11. This act shall take effect immediately, and shall apply to 26 applications pending approval or on appeal on and after such date.