Bill Text: NY S03655 | 2019-2020 | General Assembly | Amended

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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 7-0)

Status: (Passed) 2019-06-25 - signed chap.41 [S03655 Detail]

Download: New_York-2019-S03655-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         3655--B

                               2019-2020 Regular Sessions

                    IN SENATE

                                    February 11, 2019
                                       ___________

        Introduced  by Sens. SALAZAR, HOYLMAN, RIVERA, SERRANO -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Housing,   Construction   and   Community   Development  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee  --  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 window
    17  opening onto a street or a lawful yard or court as defined in the zoning

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05541-12-9
        S. 3655--B                          2

     1  resolution for such municipality,] and is at least four  hundred  square
     2  feet in area.
     3    (b)  The  term "interim multiple dwelling" as used in this subdivision
     4  shall not include (i) any building in an industrial business zone estab-
     5  lished pursuant to chapter six-D of title twenty-two of the  administra-
     6  tive  code  of  the  city  of  New  York  except  that a building in the
     7  Williamsburg/Greenpoint or  North  Brooklyn  industrial  business  zones
     8  (other  than a building within such North Brooklyn business zone that is
     9  in a district zoned M3, as such district  is  described  in  the  zoning
    10  resolution  of  such  municipality in effect at the time the application
    11  for registration as an interim multiple  dwelling  or  for  coverage  of
    12  residential units under this article is filed) and a building located in
    13  that  portion  of the Long Island city industrial business zone that has
    14  frontage on either side of forty-seventh avenue or is located  north  of
    15  forty-seventh  avenue and south of Skillman avenue or in that portion of
    16  the Long Island city industrial business zone that is located  north  of
    17  forty-fourth  drive,  south  of  Queens plaza north, and west of twenty-
    18  third street may be included in the term "interim multiple dwelling," or
    19  (ii) units in any building,  other  than  a  building  that  is  already
    20  defined  as  an "interim multiple dwelling" pursuant to subdivision one,
    21  two, three or four of this section, that, at the time  this  subdivision
    22  shall  take  effect and continuing [at] until the time of the submission
    23  of an application for coverage by any party,  also  contains  a  use  in
    24  legal  operation, actively and currently pursued, which use is set forth
    25  in use [groups fifteen through] group  eighteen,  as  described  in  the
    26  zoning  resolution  of such municipality in effect on June twenty-first,
    27  two thousand ten, and which the loft board has determined in  rules  and
    28  regulation  is  inherently incompatible with residential use in the same
    29  building by creating an actual risk of harm which cannot  be  reasonably
    30  mitigated, provided that the loft board may by rule exempt categories of
    31  units  or buildings from such use incompatibility determinations includ-
    32  ing but not limited to residentially occupied units or subcategories  of
    33  such  units,  and  provided, further that if a building does not contain
    34  such active uses at the time this subdivision takes  effect,  no  subse-
    35  quent  use  by the owner of the building shall eliminate the protections
    36  of this section for any residential occupants in  the  building  already
    37  qualified  for  such  protections. A party opposing coverage pursuant to
    38  this subdivision shall bear the  burden  of  proving  the  exception  to
    39  coverage set forth in subparagraph (ii) of this paragraph.
    40    (c)  The term "interim multiple dwelling," as used in this subdivision
    41  shall also include buildings, structures or portions  thereof  that  are
    42  located north of West 24th Street and south of West 27th Street and west
    43  of  tenth  avenue and east of eleventh avenue in a city of more than one
    44  million persons which were occupied  for  residential  purposes  as  the
    45  residence  or home of any two or more families living independently from
    46  one another for a period of twelve consecutive months during the  period
    47  commencing  January first, two thousand eight, and ending December thir-
    48  ty-first, two thousand nine and subject to all the conditions and  limi-
    49  tations of this subdivision other than the number of units in the build-
    50  ing.  A  reduction  in  the  number  of  occupied residential units in a
    51  building after  meeting  the  aforementioned  twelve  consecutive  month
    52  requirement  shall not eliminate the protections of this section for any
    53  remaining residential occupants qualified for such protections.  Non-re-
    54  sidential space in a building as of the effective date of this  subdivi-
    55  sion  shall be offered for residential use only after the obtaining of a
    56  residential certificate of occupancy for such space and such space shall
        S. 3655--B                          3

     1  be exempt from this article, even if a portion of such building  may  be
     2  an interim multiple dwelling.
     3    §  2.  Section 281 of the multiple dwelling law is amended by adding a
     4  new subdivision 6 to read as follows:
     5    6. (a) Notwithstanding the provisions of  paragraphs  (i),  (iii)  and
     6  (iv)  of  subdivision two of this section, but subject to paragraphs (i)
     7  and (ii) of subdivision one of this section and paragraph (ii) of subdi-
     8  vision two of this section, the term "interim multiple  dwelling"  shall
     9  include  buildings, structures or portions thereof that are located in a
    10  city of more than one million persons which were occupied  for  residen-
    11  tial  purposes  as  the  residence or home of any three or more families
    12  living independently from one another for a period of twelve consecutive
    13  months during the period commencing January first, two thousand fifteen,
    14  and ending December thirty-first, two thousand  sixteen,  provided  that
    15  the  unit  seeking coverage: is not located in a cellar and has at least
    16  one entrance that does not require passage through  another  residential
    17  unit  to  obtain access to the unit, and is at least four hundred square
    18  feet in area.
    19    (b) The term "interim multiple dwelling" as used in  this  subdivision
    20  shall not include (i) any building in an industrial business zone estab-
    21  lished  pursuant to chapter six-D of title twenty-two of the administra-
    22  tive code of the city  of  New  York  except  that  a  building  in  the
    23  Williamsburg/Greenpoint  or  North  Brooklyn  industrial  business zones
    24  other than a building within such  North  Brooklyn  industrial  business
    25  zone  that  is  in a district zoned M3, as such district is described in
    26  the zoning resolution of such municipality in effect  at  the  time  the
    27  application  for  registration  as  an  interim multiple dwelling or for
    28  coverage of residential units under this article is filed) and a  build-
    29  ing  located in that portion of the Long Island city industrial business
    30  zone that has frontage on either side  of  forty-seventh  avenue  or  is
    31  located north of forty-seventh avenue and south of Skillman avenue or in
    32  that  portion  of  the Long Island city industrial business zone that is
    33  located north of forty-fourth drive, south of Queens  plaza  north,  and
    34  west  of twenty-third street may be included in the term "interim multi-
    35  ple dwelling", or (ii) units in any building, other than a building that
    36  is already defined as an "interim multiple dwelling" pursuant to  subdi-
    37  vision  one, two, three, four or five of this section, that, at the time
    38  this subdivision shall take effect and continuing until the time of  the
    39  submission  of an application for coverage by any party, also contains a
    40  use in legal operation, actively and currently pursued, which use is set
    41  forth in use group eighteen, as described in the  zoning  resolution  of
    42  such  municipality in effect on June twenty-first, two thousand ten, and
    43  which the loft board has determined in rules and regulation is inherent-
    44  ly incompatible with residential use in the same building by creating an
    45  actual risk of harm which cannot be reasonably mitigated, provided  that
    46  the  loft board may by rule exempt categories of units or buildings from
    47  such use incompatibility determinations including  but  not  limited  to
    48  residentially  occupied  units  or  subcategories  of  such  units,  and
    49  provided, further that if a building does not contain such  active  uses
    50  at  the  time  this  subdivision  takes effect, no subsequent use by the
    51  owner of the building shall eliminate the protections  of  this  section
    52  for any residential occupants in the building already qualified for such
    53  protections.    A  party  opposing coverage pursuant to this subdivision
    54  shall bear the burden of proving the exception to coverage set forth  in
    55  subparagraph (ii) of this paragraph.
        S. 3655--B                          4

     1    (c)  The term "interim multiple dwelling", as used in this subdivision
     2  shall also include buildings, structures or portions  thereof  that  are
     3  located north of West 24th Street and south of West 27th Street and west
     4  of  tenth  avenue and east of eleventh avenue in a city of more than one
     5  million  persons  which  were  occupied  for residential purposes as the
     6  residence or home of any two or more families living independently  from
     7  one  another for a period of twelve consecutive months during the period
     8  commencing January first, two  thousand  fifteen,  and  ending  December
     9  thirty-first, two thousand sixteen and subject to all the conditions and
    10  limitations  of  this  subdivision other than the number of units in the
    11  building. A reduction in the number of occupied residential units  in  a
    12  building  after  meeting  the  aforementioned  twelve  consecutive month
    13  requirement shall not eliminate the protections of this section for  any
    14  remaining  residential occupants qualified for such protections. Non-re-
    15  sidential space in a building as of the effective date of this  subdivi-
    16  sion  shall be offered for residential use only after the obtaining of a
    17  residential certificate of occupancy for such space and such space shall
    18  be exempt from this article, even if a portion of such building  may  be
    19  an interim multiple dwelling.
    20    §  3.  Section 282 of the multiple dwelling law, as amended by chapter
    21  147 of the laws of 2010, is amended to read as follows:
    22    § 282. Establishment of special loft unit.  1.  In  order  to  resolve
    23  complaints  of  owners  of interim multiple dwellings and of residential
    24  occupants of such buildings qualified for the protection of  this  arti-
    25  cle,  and  to act upon hardship applications made pursuant to this arti-
    26  cle, a special loft unit referred to herein as the "loft board" shall be
    27  established which shall consist of from four to nine  members  represen-
    28  tative  of  the  public,  the  real  estate  industry,  loft residential
    29  tenants, and loft manufacturing interests, and a chairperson, all to  be
    30  appointed by the mayor of the municipality and to serve such terms as he
    31  may  designate.  The compensation of the members of the loft board shall
    32  be fixed by the mayor. The members  of  the  loft  board  shall  not  be
    33  considered  employees of the state or the municipality, provided, howev-
    34  er, that state or municipal employees or officers may be  named  to  the
    35  loft  board. The mayor shall establish the loft board within ninety days
    36  of the effective date of chapter three hundred forty-nine of the laws of
    37  nineteen hundred eighty-two. The loft board shall have such  office  and
    38  staff as shall be necessary to carry out functions conferred upon it and
    39  may request and receive assistance from any state or municipal agency or
    40  department.  The  loft  board shall have the following duties: [(a)] (i)
    41  the determination of interim multiple dwelling status and  other  issues
    42  of  coverage  pursuant to this article; [(b)] (ii) the resolution of all
    43  hardship appeals brought under this article; [(c)]  (iii)  the  determi-
    44  nation  of  any claim for rent adjustment under this article by an owner
    45  or tenant; [(d)] (iv) the issuance, after  a  public  hearing,  and  the
    46  enforcement  of  rules and regulations governing minimum housing mainte-
    47  nance standards in interim multiple dwellings (subject to the provisions
    48  of this chapter and any local building code), rent adjustments prior  to
    49  legalization, compliance with this article and the hearing of complaints
    50  and  applications  made  to  it  pursuant to this article; and [(e)] (v)
    51  determination of controversies arising over the fair market value  of  a
    52  residential tenant's fixtures or reasonable moving expenses.
    53    2.  The  violation  of  any rule or regulation promulgated by the loft
    54  board shall be punishable by a civil  penalty  determined  by  the  loft
    55  board  not to exceed [seventeen thousand five hundred] twenty-five thou-
    56  sand dollars which may be recovered by the municipality by a  proceeding
        S. 3655--B                          5

     1  in  any  court  of competent jurisdiction.   The corporation counsel may
     2  bring and maintain a civil proceeding in the name of  the  city  in  the
     3  supreme  court of the county in which the building, erection or place is
     4  located  to enjoin violations of this article. The loft board may desig-
     5  nate provisions  of  such  rules  and  regulations  for  enforcement  in
     6  proceedings before the environmental control board of such municipality.
     7  Notices  of violation returnable to such environmental control board may
     8  be issued by officers and employees of the department  of  buildings  of
     9  such municipality and served in the same manner as violations returnable
    10  to  such  board within the jurisdiction of such department. The environ-
    11  mental control board, when acting as the designee  of  the  loft  board,
    12  shall  have  the  power to impose civil penalties, not to exceed [seven-
    13  teen] twenty-five thousand [five hundred] dollars  for  each  violation,
    14  and  to issue judgments, which may be docketed and enforced as set forth
    15  in section one thousand forty-nine-a of the New York city charter.
    16    3. The loft board may  charge  and  collect  reasonable  fees  in  the
    17  execution  of its responsibilities. The loft board may administer oaths,
    18  take affidavits, hear testimony, and take proof under oath at public  or
    19  private hearings.
    20    § 4. Section 282-a of the multiple dwelling law, as amended by section
    21  22  of  part  A of chapter 20 of the laws of 2015, is amended to read as
    22  follows:
    23    § 282-a. Applications for coverage of interim multiple  dwellings  and
    24  residential  units.  [1. All applications for registration as an interim
    25  multiple dwelling or for coverage of residential units under this  arti-
    26  cle  shall be filed with the loft board within six months after the date
    27  the loft board shall have adopted all rules or regulations necessary  in
    28  order  to implement the provisions of chapter one hundred forty-seven of
    29  the laws of two thousand ten, provided, however, that  applications  for
    30  registration as an interim multiple dwelling or for coverage of residen-
    31  tial  units  under  this article may also be filed for a two-year period
    32  starting from the effective date of the chapter of the laws of two thou-
    33  sand fifteen which amended this section. The loft board may subsequently
    34  amend such rules and regulations but such amendments  shall  not  recom-
    35  mence the time period in which applications may be filed.
    36    2.]  Where any occupant has filed an application for coverage pursuant
    37  to this article and has received a docket number from the loft board, it
    38  shall be unlawful for an owner to cause or intend to cause such occupant
    39  to vacate, surrender or waive any rights in relation to such  occupancy,
    40  due  to repeated interruptions or discontinuances of essential services,
    41  or an interruption or discontinuance of  an  essential  service  for  an
    42  extended  duration  or  of  such significance as to substantially impair
    43  habitability of such unit, at any time before the loft board has made  a
    44  final determination, including appeals, to approve or deny such applica-
    45  tion.  This  section  shall  not grant any rights of continued occupancy
    46  other than those otherwise granted by law. Any agreement that waives  or
    47  limits  the  benefits  of  this  section shall be deemed void as against
    48  public policy. In addition to any other remedies provided in this  arti-
    49  cle  for  failure to be in compliance, in article eight of this chapter,
    50  or in the regulations promulgated by the loft board, an occupant who has
    51  filed an application with the loft board for coverage under this article
    52  may commence an action or proceeding in a court of  competent  jurisdic-
    53  tion, which notwithstanding any other provision of law shall include the
    54  housing part of the New York city civil court, to enforce the provisions
    55  of this section.
        S. 3655--B                          6

     1    §  5.  Paragraph  (vi) of subdivision 1 of section 284 of the multiple
     2  dwelling law, as amended by section 22-a of part A of chapter 20 of  the
     3  laws of 2015, is amended to read as follows:
     4    (vi)  Notwithstanding  the provisions of paragraphs (i) through (v) of
     5  this subdivision the owner of an interim multiple dwelling made  subject
     6  to this article by subdivision five of section two hundred eighty-one of
     7  this article (A) shall file an alteration application on or before March
     8  twenty-first,  two thousand eleven, or, for units that became subject to
     9  this article pursuant to chapter four of the laws of two thousand  thir-
    10  teen  on  or  before June eleventh, two thousand fourteen, or, for units
    11  that became subject to this article pursuant to the chapter of the  laws
    12  of  two thousand nineteen that amended this paragraph within nine months
    13  from such effective date, or for units in an interim  multiple  dwelling
    14  that  were  listed  on an application for coverage or registration filed
    15  with the loft board pursuant to this article  or  in  a  court  pleading
    16  after  March  eleventh,  two  thousand  fourteen,  within nine months of
    17  either the date of the initial application for coverage or the  date  of
    18  the  loft board's issuance of an interim multiple dwelling number or the
    19  date of the service of the pleading, whichever is earlier, and (B) shall
    20  take all reasonable and necessary action to obtain  an  approved  alter-
    21  ation  permit  on  or before June twenty-first, two thousand eleven, or,
    22  for units that became subject to this article pursuant to  chapter  four
    23  of  the  laws  of two thousand thirteen on or before September eleventh,
    24  two thousand fourteen, or, for units that became subject to this article
    25  pursuant to the chapter of  the  laws  of  two  thousand  nineteen  that
    26  amended this paragraph within twelve months from such effective date, or
    27  for  units in an interim multiple dwelling that were listed on an appli-
    28  cation for coverage or registration filed with the loft  board  pursuant
    29  to  this  article or in a court pleading after March eleventh, two thou-
    30  sand fourteen, within twelve months of either the date  of  the  initial
    31  application  for coverage or the date of the loft board's issuance of an
    32  interim multiple dwelling number or the  date  of  the  service  of  the
    33  pleading,  whichever  is  earlier, and (C) shall achieve compliance with
    34  the standards of safety and fire protection set forth in article seven-B
    35  of this chapter for the residential  portions  of  the  building  within
    36  eighteen  months  from  obtaining  such alteration permit, and (D) shall
    37  take all reasonable and necessary action  to  obtain  a  certificate  of
    38  occupancy as a class A multiple dwelling for the residential portions of
    39  the  building or structure on or before December twenty-first, two thou-
    40  sand twelve, or for units that became subject to this  article  pursuant
    41  to  chapter four of the laws of two thousand thirteen on or before March
    42  eleventh, two thousand sixteen, or, for units  that  became  subject  to
    43  this  article  pursuant to the chapter of the laws of two thousand nine-
    44  teen that amended this paragraph  within  thirty-six  months  from  such
    45  effective  date,  or for units in an interim multiple dwelling that were
    46  listed on an application for coverage or  registration  filed  with  the
    47  loft  board  pursuant to this article or in a court pleading after March
    48  eleventh, two thousand sixteen, within thirty months of either the  date
    49  of  the initial application for coverage or the date of the loft board's
    50  issuance of an interim multiple dwelling  number  or  the  date  of  the
    51  service  of the pleading, whichever is earlier. The loft board may, upon
    52  good cause shown, and upon proof of compliance  with  the  standards  of
    53  safety and fire protection set forth in article seven-B of this chapter,
    54  twice  extend  the  time  of compliance with the requirement to obtain a
    55  residential certificate of occupancy for periods not  to  exceed  twelve
    56  months each.
        S. 3655--B                          7

     1    § 6. Paragraphs (vii), (viii), (ix), (x) and (xi) of subdivision 1 and
     2  subdivision  2  of  section 284 of the multiple dwelling law, paragraphs
     3  (vii), (viii), (ix), (x) and (xi) of subdivision 1 as amended by chapter
     4  135 of the laws of 2010 and subdivision 2 as added by chapter 349 of the
     5  laws of 1982, are amended to read as follows:
     6    (vii) Notwithstanding the provisions of paragraphs (i) through (vi) of
     7  this  subdivision the owner of an interim multiple dwelling made subject
     8  to this article by subdivision six of section two hundred eighty-one  of
     9  this article (A) shall file an alteration application within nine months
    10  from the effective date of the chapter of the laws of two thousand nine-
    11  teen  that amended this paragraph, and (B) shall take all reasonable and
    12  necessary action to obtain an approved alteration permit  within  twelve
    13  months  from  such effective date, and (C) shall achieve compliance with
    14  the standards of safety and fire protection set forth in article seven-B
    15  of this chapter for the residential  portions  of  the  building  within
    16  eighteen months from obtaining such alteration permit or eighteen months
    17  from  such  effective  date,  whichever is later, and (D) shall take all
    18  reasonable and necessary action to obtain a certificate of occupancy  as
    19  a class A multiple dwelling for the residential portions of the building
    20  or  structure  within  thirty-six  months from such effective date.  The
    21  loft board may, upon good cause shown, and upon proof of compliance with
    22  the standards of safety and fire protection set forth in article seven-B
    23  of this chapter, twice extend the time of compliance with  the  require-
    24  ment to obtain a residential certificate of occupancy for periods not to
    25  exceed twelve months each.
    26    (viii)  An owner who is unable to satisfy any requirement specified in
    27  paragraph (ii), (iii), (iv), (v), [or] (vi), or (vii) of  this  subdivi-
    28  sion  for reasons beyond his/her control, including, but not limited to,
    29  a requirement to obtain a certificate of appropriateness  for  modifica-
    30  tion  of a landmarked building, a need to obtain a variance from a board
    31  of standards and appeals, or the denial of reasonable access to a  resi-
    32  dential  unit as required by paragraph [(xi)] (xii) of this subdivision,
    33  may apply to the loft board  for  an  extension  of  time  to  meet  the
    34  requirement specified in paragraph (ii), (iii), (iv), (v), [or] (vi), or
    35  (vii) of this subdivision. The loft board may grant an extension of time
    36  to  meet  a  requirement  specified in paragraph (ii), (iii), (iv), (v),
    37  [or] (vi), or (vii) of this subdivision provided that the  owner  demon-
    38  strates  that he/she has made good faith efforts to satisfy the require-
    39  ments.
    40    [(viii)] (ix) If there is a finding by the loft board  that  an  owner
    41  has  failed to satisfy any requirement specified in paragraph (i), (ii),
    42  (iii), (iv), (v), [or] (vi), or (vii) of this  subdivision,  such  owner
    43  shall  be  subject  to  all penalties set forth in article eight of this
    44  chapter.
    45    [(ix)] (x) In addition to the penalties provided in article  eight  of
    46  this  chapter, if there is a finding by the loft board that an owner has
    47  failed to satisfy any requirement  specified  in  paragraph  (i),  (ii),
    48  (iii),  (iv),  (v), [or] (vi), or (vii) of this subdivision, a court may
    49  order specific performance to enforce the  provisions  of  this  article
    50  upon  the  application of three occupants of separate residential units,
    51  qualified for the protection of this article, or upon the application of
    52  the municipality.
    53    [(x)] (xi) If, as a consequence of  an  owner's  unlawful  failure  to
    54  comply  with  the  provisions  of paragraph (i), (ii), (iii), (iv), (v),
    55  [or] (vi), or (vii) of this subdivision, any residential occupant quali-
    56  fied for protection pursuant to this article is required to  vacate  his
        S. 3655--B                          8

     1  or  her  unit as a result of a municipal vacate order, such occupant may
     2  recover from the owner the fair market value of any improvements made by
     3  such tenant and reasonable moving costs. Any vacate order issued  as  to
     4  such unit by a local government shall be deemed an order to the owner to
     5  correct  the non-compliant conditions, subject to the provisions of this
     6  article.  Furthermore, when such correction has been made, such occupant
     7  shall have the right to re-occupy his or her unit and shall be  entitled
     8  to all applicable tenant protections of this article.
     9    [(xi)]  (xii)  The  occupants  of  a  building shall, upon appropriate
    10  notice regarding the timing and scope of the work required,  afford  the
    11  owner  reasonable  access  to their units so that the work necessary for
    12  compliance with this article can be carried out. Access  shall  also  be
    13  afforded,  upon  reasonable  prior notice, for the purpose of inspecting
    14  and surveying units as may be required to comply with the provisions  of
    15  this article and article seven-B of this chapter. Failure to comply with
    16  an  order  of  the  loft  board  regarding  access  shall be grounds for
    17  eviction of a tenant.
    18    2. Every owner of an interim multiple  dwelling,  every  lessee  of  a
    19  whole  building part of which is an interim multiple dwelling, and every
    20  agent or other person having control of such a dwelling,  shall,  within
    21  sixty  days  of  the effective date of the act which added this article,
    22  file with the loft board or any other authority designated by the  mayor
    23  a  notice  in  conformity  with  all provisions of section three hundred
    24  twenty-five of this chapter and with rules and regulations to be promul-
    25  gated by the loft board.
    26    § 7. Subparagraphs (A) and (B) of paragraph (ii) of subdivision  2  of
    27  section 286 of the multiple dwelling law, as amended by chapter 4 of the
    28  laws of 2013, are amended to read as follows:
    29    (A)  Upon the owners' filing of an alteration application, as required
    30  by [paragraph] paragraphs (ii), (iii), (iv), (v), [or] (vi),  and  (vii)
    31  of  subdivision  one of section two hundred eighty-four of this article,
    32  an adjustment equal to three percent of the rent in effect at  the  time
    33  the owner files the alteration application.
    34    (B)  Upon  obtaining  an alteration permit, as required by [paragraph]
    35  paragraphs (ii), (iii), (iv), (v), [or] (vi), and (vii)  of  subdivision
    36  one  of  section  two hundred eighty-four of this article, an adjustment
    37  equal to three percent of the rent in  effect  at  the  time  the  owner
    38  obtains the alteration permit.
    39    §  8.  Subdivisions (f), (g) and (h) of section 27 of chapter 4 of the
    40  laws of 2013 amending the real property tax law and other laws  relating
    41  to interim multiple dwellings in a city with a population of one million
    42  or  more,  subdivision (h) as amended by section 21 of part A of chapter
    43  20 of the laws of 2015, are amended to read as follows:
    44    (f) sections eighteen, nineteen and twenty of this act shall be deemed
    45  to have been in full force and effect on and after June 1, 2011; and
    46    (g) notwithstanding any inconsistent provision of this act, the amend-
    47  ment to subdivision 5 of section 281 of the multiple dwelling  law  made
    48  by  section  twenty-one  of this act in relation to the authority of the
    49  loft board to exempt categories or subcategories of units  or  buildings
    50  by  rule  from  determinations  of inherently incompatible uses shall be
    51  deemed to have been in force and effect on and after June 21,  2010  and
    52  to  authorize  rules  of the loft board promulgated after such date that
    53  make such exemptions[; and
    54    (h) sections  twenty-one,  twenty-two,  twenty-three  and  twenty-four
    55  shall expire and be deemed repealed on June 30, 2019].
        S. 3655--B                          9

     1    §  9.  With regards to occupied interim multiple dwellings or residen-
     2  tial units with residential occupants as of the effective date  of  this
     3  act  and  meeting  the  specified dates of eligibility, within the North
     4  Brooklyn industrial business zones (other than a  building  within  such
     5  North  Brooklyn industrial business zone that is in a district zoned M3,
     6  as such district is described in the zoning resolution of  such  munici-
     7  pality  in  effect  at  the  time the application for registration as an
     8  interim multiple dwelling or for coverage  of  residential  units  under
     9  article  7-C  of the multiple dwelling law, is filed), such applications
    10  for registration as an interim multiple  dwelling  or  for  coverage  of
    11  residential  units  which  were occupied for residential purposes as the
    12  residence or home of any three or  more  families  living  independently
    13  from  one  another for a period of twelve consecutive months pursuant to
    14  subdivision 5 or 6 of section 281 of the multiple dwelling law shall  be
    15  filed  with  the  loft  board within nine months after the date the loft
    16  board shall have adopted all rules or regulations necessary in order  to
    17  implement  the  provisions  of this act. The loft board may subsequently
    18  amend such rules and regulations but such amendments  shall  not  recom-
    19  mence the time period in which applications may be filed.
    20    § 10. No provision of this act or article 7-C of the multiple dwelling
    21  law,  as  amended by this act, or any other law or prior judgment, shall
    22  be construed to prevent an application from being filed  with  the  loft
    23  board  and  considered by such board, or a claim in a court of competent
    24  jurisdiction, for coverage or for registration as  an  interim  multiple
    25  dwelling  or  units within a building, including those previously deter-
    26  mined not to be covered, where the basis for such application  or  claim
    27  is  that  such building or units are subject to such article as a result
    28  of the amendments made by this act.
    29    § 11. This act shall take  effect  immediately,  and  shall  apply  to
    30  applications pending approval or on appeal on and after such date.