Bill Text: NY A05841 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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