Bill Text: NY S06828 | 2017-2018 | 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.
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Introduced - Dead) 2018-06-20 - PRINT NUMBER 6828B [S06828 Detail]
Download: New_York-2017-S06828-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6828--B 2017-2018 Regular Sessions IN SENATE June 21, 2017 ___________ Introduced by Sens. DILAN, ALCANTARA, AVELLA, BAILEY, COMRIE, HAMILTON, HOYLMAN, KAVANAGH, KRUEGER, MONTGOMERY, PARKER, RIVERA, SAVINO, SEPULVEDA, SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- recommitted to the Committee on Housing, Construction and Community Development in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- 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 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: is not located in a [basement or] cellar and has at least one 15 entrance that does not require passage through another residential unit 16 to obtain access to the unit, [has at least one window opening onto a17street or a lawful yard or court as defined in the zoning resolution for18such municipality, and], is at least four hundred square feet in area, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13075-18-8S. 6828--B 2 1 and, at any time prior to the effective date of the chapter of the laws 2 of two thousand eighteen that amended this subdivision, had a portion of 3 the unit that was capable of obtaining light and air from the street it 4 directly faces, or otherwise has at least one window opening onto a 5 street or a lawful yard or court as defined in the zoning resolution for 6 such municipality. 7 (b) The term "interim multiple dwelling" as used in this subdivision 8 shall not include [(i)] any building in an industrial business zone 9 established pursuant to chapter six-D of title twenty-two of the admin- 10 istrative code of the city of New York except that a building in the 11 Williamsburg/Greenpoint or North Brooklyn industrial business zones 12 (other than a building within such North Brooklyn industrial business 13 zone that is in a district zoned M3, as such district is described in 14 the zoning resolution of such municipality in effect at the time the 15 application for registration as an interim multiple dwelling or for 16 coverage of residential units under this article is filed) and a build- 17 ing located in that portion of the Long Island city industrial business 18 zone that has frontage on either side of forty-seventh avenue or is 19 located north of forty-seventh avenue and south of Skillman avenue or in 20 that portion of the Long Island city industrial business zone that is 21 located north of forty-fourth drive, south of Queens plaza north, and 22 west of twenty-third street may be included in the term "interim multi- 23 ple dwelling," or (ii) units in any building, other than a building that 24 is already defined as an "interim multiple dwelling" pursuant to subdi- 25 vision one, two, three or four of this section, that, at the time this 26 subdivision shall take effect and continuing at the time of the 27 submission of an application for coverage by any party, also contains a 28 use actively and currently pursued, which use is set forth in use groups 29 fifteen through eighteen, as described in the zoning resolution of such 30 municipality in effect on June twenty-first, two thousand ten, and which 31 the loft board has determined in rules and regulation is inherently 32 incompatible with residential use in the same building, provided that 33 the loft board may by rule exempt categories of units or buildings from 34 such use incompatibility determinations including but not limited to 35 residentially occupied units or subcategories of such units, and 36 provided, further that if a building does not contain such active uses 37 at the time this subdivision takes effect, no subsequent use by the 38 owner of the building shall eliminate the protections of this section 39 for any residential occupants in the building already qualified for such 40 protections. 41 (c) The term "interim multiple dwelling," as used in this subdivision 42 shall also include buildings, structures or portions thereof that are 43 located north of West 24th Street and south of West 27th Street and west 44 of tenth avenue and east of eleventh avenue in a city of more than one 45 million persons which were occupied for residential purposes as the 46 residence or home of any two or more families living independently from 47 one another for a period of twelve consecutive months during the period 48 commencing January first, two thousand eight, and ending December thir- 49 ty-first, two thousand nine and subject to all the conditions and limi- 50 tations of this subdivision other than the number of units in the build- 51 ing. A reduction in the number of occupied residential units in a 52 building after meeting the aforementioned twelve consecutive month 53 requirement shall not eliminate the protections of this section for any 54 remaining residential occupants qualified for such protections. Non-re- 55 sidential space in a building as of the effective date of this subdivi- 56 sion shall be offered for residential use only after the obtaining of aS. 6828--B 3 1 residential certificate of occupancy for such space and such space shall 2 be exempt from this article, even if a portion of such building may be 3 an interim multiple dwelling. 4 § 2. Subdivision 5 of section 281 of the multiple dwelling law, as 5 amended by chapter 139 of the laws of 2011, is amended to read as 6 follows: 7 5. (a) Notwithstanding the provisions of paragraphs (i), (iii) and 8 (iv) of subdivision two of this section, but subject to paragraphs (i) 9 and (ii) of subdivision one of this section and paragraph (ii) of subdi- 10 vision two of this section, the term "interim multiple dwelling" shall 11 include buildings, structures or portions thereof that are located in a 12 city of more than one million persons which were occupied for residen- 13 tial purposes as the residence or home of any three or more families 14 living independently from one another for a period of twelve consecutive 15 months during the period commencing January first, two thousand eight, 16 and ending December thirty-first, two thousand nine, provided that the 17 unit: is not located in a [basement or] cellar and has at least one 18 entrance that does not require passage through another residential unit 19 to obtain access to the unit, [has at least one window opening onto a20street or a lawful yard or court as defined in the zoning resolution for21such municipality,] and is at least [five] four hundred fifty square 22 feet in area. (b) The term "interim multiple dwelling" as used in this 23 subdivision shall not include [(i)] any building in an industrial busi- 24 ness zone established pursuant to chapter six-D of title twenty-two of 25 the administrative code of the city of New York except that a building 26 in the Williamsburg/Greenpoint or North Brooklyn industrial business 27 zones (other than a building within such North Brooklyn industrial busi- 28 ness zone that is in a district zoned M3, as such district is described 29 in the zoning resolution of such municipality in effect at the time the 30 application for registration as an interim multiple dwelling or for 31 coverage of residential units under this article is filed) and a build- 32 ing located in that portion of the Long Island city industrial business 33 zone that has frontage on either side of forty-seventh avenue or is 34 located north of forty-seventh avenue and south of Skillman avenue or in 35 that portion of the Long Island city industrial business zone that is 36 located north of forty-fourth drive, south of Queens plaza north, and 37 west of twenty-third street may be included in the term "interim multi- 38 ple dwelling," or (ii) units in any building, other than a building that 39 is already defined as an "interim multiple dwelling" pursuant to subdi- 40 vision one, two, three or four of this section, that, at the time this 41 subdivision shall take effect and continuing at the time of the 42 submission of an application for coverage by any party, also contains a 43 use actively and currently pursued, which use is set forth in use groups 44 fifteen through eighteen, as described in the zoning resolution of such 45 municipality in effect on June twenty-first, two thousand ten, and which 46 the loft board has determined in rules and regulation is inherently 47 incompatible with residential use in the same building, provided that 48 the loft board may by rule exempt categories of units or buildings from 49 such use incompatibility determinations including but not limited to 50 residentially occupied units or subcategories of such units, and 51 provided, further that if a building does not contain such active uses 52 at the time this subdivision takes effect, no subsequent use by the 53 owner of the building shall eliminate the protections of this section 54 for any residential occupants in the building already qualified for such 55 protections. (c) The term "interim multiple dwelling," as used in this 56 subdivision shall also include buildings, structures or portions thereofS. 6828--B 4 1 that are located north of West 24th Street and south of West 27th Street 2 and west of tenth avenue and east of eleventh avenue in a city of more 3 than one million persons which were occupied for residential purposes as 4 the residence or home of any two or more families living independently 5 from one another for a period of twelve consecutive months during the 6 period commencing January first, two thousand eight, and ending December 7 thirty-first, two thousand nine and subject to all the conditions and 8 limitations of this subdivision other than the number of units in the 9 building. A reduction in the number of occupied residential units in a 10 building after meeting the aforementioned twelve consecutive month 11 requirement shall not eliminate the protections of this section for any 12 remaining residential occupants qualified for such protections. Non-re- 13 sidential space in a building as of the effective date of this subdivi- 14 sion shall be offered for residential use only after the obtaining of a 15 residential certificate of occupancy for such space and such space shall 16 be exempt from this article, even if a portion of such building may be 17 an interim multiple dwelling. 18 § 3. Section 281 of the multiple dwelling law is amended by adding a 19 new subdivision 6 to read as follows: 20 6. (a) Notwithstanding the provisions of paragraphs (i), (iii) and 21 (iv) of subdivision two of this section, but subject to paragraphs (i) 22 and (ii) of subdivision one of this section and paragraph (ii) of subdi- 23 vision two of this section, the term "interim multiple dwelling" shall 24 include buildings, structures or portions thereof that are located in a 25 city of more than one million persons which were occupied for residen- 26 tial purposes as the residence or home of any three or more families 27 living independently from one another for a period of twelve consecutive 28 months during the period commencing January first, two thousand fifteen, 29 and ending December thirty-first, two thousand sixteen, provided that 30 the unit: is not located in a cellar and has at least one entrance that 31 does not require passage through another residential unit to obtain 32 access to the unit, and is at least four hundred square feet in area. 33 (b) The term "interim multiple dwelling" as used in this subdivision 34 shall not include (i) any building in an industrial business zone estab- 35 lished pursuant to chapter six-D of title twenty-two of the administra- 36 tive code of the city of New York except that a building in the 37 Williamsburg/Greenpoint or North Brooklyn industrial business zones 38 (other than a building within such North Brooklyn industrial business 39 zone that is in a district zoned M3, as such district is described in 40 the zoning resolution of such municipality in effect at the time the 41 application for registration as an interim multiple dwelling or for 42 coverage of residential units under this article is filed) and a build- 43 ing located in that portion of the Long Island city industrial business 44 zone that has frontage on either side of forty-seventh avenue or is 45 located north of forty-seventh avenue and south of Skillman avenue or in 46 that portion of the Long Island city industrial business zone that is 47 located north of forty-fourth drive, south of Queens plaza north, and 48 west of twenty-third street may be included in the term "interim multi- 49 ple dwelling", or (ii) units in any building, other than a building that 50 is already defined as an "interim multiple dwelling" pursuant to subdi- 51 vision one, two, three or four of this section, that, at the time this 52 subdivision shall take effect and continuing at the time of the 53 submission of an application for coverage by any party, also contains a 54 use actively and currently pursued, which use is set forth in use groups 55 fifteen through eighteen, as described in the zoning resolution of such 56 municipality in effect on June twenty-first, two thousand ten, and whichS. 6828--B 5 1 the loft board has determined in rules and regulation is inherently 2 incompatible with residential use in the same building, provided that 3 the loft board may by rule exempt categories of units or buildings from 4 such use incompatibility determinations including but not limited to 5 residentially occupied units or subcategories of such units, and 6 provided, further that if a building does not contain such active uses 7 at the time this subdivision takes effect, no subsequent use by the 8 owner of the building shall eliminate the protections of this section 9 for any residential occupants in the building already qualified for such 10 protections. 11 (c) The term "interim multiple dwelling", as used in this subdivision 12 shall also include buildings, structures or portions thereof that are 13 located north of West 24th Street and south of West 27th Street and west 14 of tenth avenue and east of eleventh avenue in a city of more than one 15 million persons which were occupied for residential purposes as the 16 residence or home of any two or more families living independently from 17 one another for a period of twelve consecutive months during the period 18 commencing January first, two thousand fifteen, and ending December 19 thirty-first, two thousand sixteen and subject to all the conditions and 20 limitations of this subdivision other than the number of units in the 21 building. A reduction in the number of occupied residential units in a 22 building after meeting the aforementioned twelve consecutive month 23 requirement shall not eliminate the protections of this section for any 24 remaining residential occupants qualified for such protections. Non-re- 25 sidential space in a building as of the effective date of this subdivi- 26 sion shall be offered for residential use only after the obtaining of a 27 residential certificate of occupancy for such space and such space shall 28 be exempt from this article, even if a portion of such building may be 29 an interim multiple dwelling. 30 § 4. Section 282 of the multiple dwelling law, as amended by chapter 31 147 of the laws of 2010, is amended to read as follows: 32 § 282. Establishment of special loft unit. (1) In order to resolve 33 complaints of owners of interim multiple dwellings and of residential 34 occupants of such buildings qualified for the protection of this arti- 35 cle, and to act upon hardship applications made pursuant to this arti- 36 cle, a special loft unit referred to herein as the "loft board" shall be 37 established which shall consist of from four to nine members represen- 38 tative of the public, the real estate industry, loft residential 39 tenants, [and loft manufacturing interests,] and a chairperson, all to 40 be appointed by the mayor of the municipality and to serve such terms as 41 he may designate. The compensation of the members of the loft board 42 shall be fixed by the mayor. The members of the loft board shall not be 43 considered employees of the state or the municipality, provided, howev- 44 er, that state or municipal employees or officers may be named to the 45 loft board. The mayor shall establish the loft board within ninety days 46 of the effective date of chapter three hundred forty-nine of the laws of 47 nineteen hundred eighty-two. The loft board shall have such office and 48 staff as shall be necessary to carry out functions conferred upon it and 49 may request and receive assistance from any state or municipal agency or 50 department. The loft board shall have the following duties: [(a)] (i) 51 the determination of interim multiple dwelling status and other issues 52 of coverage pursuant to this article; [(b)] (ii) the resolution of all 53 hardship appeals brought under this article; [(c)] (iii) the determi- 54 nation of any claim for rent adjustment under this article by an owner 55 or tenant; [(d)] (iv) the issuance, after a public hearing, and the 56 enforcement of rules and regulations governing minimum housing mainte-S. 6828--B 6 1 nance standards in interim multiple dwellings (subject to the provisions 2 of this chapter and any local building code), rent adjustments prior to 3 legalization, compliance with this article and the hearing of complaints 4 and applications made to it pursuant to this article; and [(e)] (v) 5 determination of controversies arising over the fair market value of a 6 residential tenant's fixtures or reasonable moving expenses. 7 (2) The violation of any rule or regulation promulgated by the loft 8 board shall be punishable by a civil penalty determined by the loft 9 board not to exceed [seventeen thousand five hundred] twenty-five thou- 10 sand dollars which may be recovered by the municipality by a proceeding 11 in any court of competent jurisdiction. The corporation counsel may 12 bring and maintain a civil proceeding in the name of the city in the 13 supreme court of the county in which the building, erection or place is 14 located to enjoin violations of this article. The loft board may desig- 15 nate provisions of such rules and regulations for enforcement in 16 proceedings before the environmental control board of such municipality. 17 Notices of violation returnable to such environmental control board may 18 be issued by officers and employees of the department of buildings of 19 such municipality and served in the same manner as violations returnable 20 to such board within the jurisdiction of such department. The environ- 21 mental control board, when acting as the designee of the loft board, 22 shall have the power to impose civil penalties, not to exceed [seven-23teen] twenty-five thousand [five hundred] dollars for each violation, 24 and to issue judgments, which may be docketed and enforced as set forth 25 in section one thousand forty-nine-a of the New York city charter. 26 (3) The loft board may charge and collect reasonable fees in the 27 execution of its responsibilities. The loft board may administer oaths, 28 take affidavits, hear testimony, and take proof under oath at public or 29 private hearings. 30 § 5. Section 282-a of the multiple dwelling law, as amended by section 31 22 of part A of chapter 20 of the laws of 2015, is amended to read as 32 follows: 33 § 282-a. Applications for coverage of interim multiple dwellings and 34 residential units. 1. [All] With the exception of applications for 35 registration or coverage of an interim multiple dwelling under subdivi- 36 sion six of section two hundred eighty-one of this article, which may be 37 filed at any time after the effective date of the chapter of the laws of 38 two thousand eighteen which amended this section, all applications for 39 registration as an interim multiple dwelling or for coverage of residen- 40 tial units under this article shall be filed with the loft board within 41 six months after the date the loft board shall have adopted all rules or 42 regulations necessary in order to implement the provisions of chapter 43 one hundred forty-seven of the laws of two thousand ten, provided, 44 however, that applications for registration as an interim multiple 45 dwelling or for coverage of residential units under this article may 46 also be filed for a two-year period starting from the effective date of 47 the chapter of the laws of two thousand fifteen which amended this 48 section. The loft board may subsequently amend such rules and regu- 49 lations but such amendments shall not recommence the time period in 50 which applications may be filed. 51 2. Where any occupant has filed an application for coverage pursuant 52 to this article and has received a docket number from the loft board, it 53 shall be unlawful for an owner to cause or intend to cause such occupant 54 to vacate, surrender or waive any rights in relation to such occupancy, 55 due to repeated interruptions or discontinuances of essential services, 56 or an interruption or discontinuance of an essential service for anS. 6828--B 7 1 extended duration or of such significance as to substantially impair 2 habitability of such unit, at any time before the loft board has made a 3 final determination, including appeals, to approve or deny such applica- 4 tion. This section shall not grant any rights of continued occupancy 5 other than those otherwise granted by law. Any agreement that waives or 6 limits the benefits of this section shall be deemed void as against 7 public policy. In addition to any other remedies provided in this arti- 8 cle for failure to be in compliance, in article eight of this chapter, 9 or in the regulations promulgated by the loft board, an occupant who has 10 filed an application with the loft board for coverage under this article 11 may commence an action or proceeding in a court of competent jurisdic- 12 tion, which notwithstanding any other provision of law shall include the 13 housing part of the New York city civil court, to enforce the provisions 14 of this section. 15 § 6. Paragraph (vi) of subdivision 1 of section 284 of the multiple 16 dwelling law, as amended by section 22-a of part A of chapter 20 of the 17 laws of 2015, is amended to read as follows: 18 (vi) Notwithstanding the provisions of paragraphs (i) through (v) of 19 this subdivision the owner of an interim multiple dwelling made subject 20 to this article by subdivision five or six of section two hundred eight- 21 y-one of this article (A) shall file an alteration application [on or22before March twenty-first, two thousand eleven, or, for units that23became subject to this article pursuant to chapter four of the laws of24two thousand thirteen on or before June eleventh, two thousand fourteen,25or, for units in an interim multiple dwelling that were listed on an26application for coverage or registration filed with the loft board27pursuant to this article or in a court pleading after March eleventh,28two thousand fourteen,] within [nine] six months [of] from either the 29 [date] effective date of the chapter of the laws of two thousand eigh- 30 teen which amended this paragraph or the date of service 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] later, and (B) shall take all reason- 34 able and necessary action to obtain an approved alteration permit [on or35before June twenty-first, two thousand eleven, or, for units that became36subject to this article pursuant to chapter four of the laws of two37thousand thirteen on or before September eleventh, two thousand four-38teen, or, for units in an interim multiple dwelling that were listed on39an application for coverage or registration filed with the loft board40pursuant to this article or in a court pleading after March eleventh,41two thousand fourteen, within twelve months of either the date of the42initial application for coverage or the date of the loft board's issu-43ance of an interim multiple dwelling number or the date of the service44of the pleading, whichever is earlier] within eighteen months from 45 either the effective date of the chapter of the laws of two thousand 46 eighteen which amended this paragraph or the date of the filing of such 47 alteration application, whichever is later, and (C) shall achieve 48 compliance with the standards of safety and fire protection set forth in 49 article seven-B of this chapter for the residential portions of the 50 building within [eighteen] twenty-four months from [obtaining such51alteration permit] either the effective date of the chapter of the laws 52 of two thousand eighteen which amended this paragraph or the date of 53 issuance of such alteration permit, whichever is later, and (D) shall 54 take all reasonable and necessary action to obtain a certificate of 55 occupancy as a class A multiple dwelling for the residential portions of 56 the building or structure [on or before December twenty-first, two thou-S. 6828--B 8 1sand twelve, or for units that became subject to this article pursuant2to chapter four of the laws of two thousand thirteen on or before March3eleventh, two thousand sixteen, or, for units in an interim multiple4dwelling that were listed on an application for coverage or registration5filed with the loft board pursuant to this article or in a court plead-6ing after March eleventh, two thousand sixteen, within thirty months of7either the date of the initial application for coverage or the date of8the loft board's issuance of an interim multiple dwelling number or the9date of the service of the pleading, whichever is earlier. The loft10board may, upon good cause shown, and upon proof of compliance with the11standards of safety and fire protection set forth in article seven-B of12this chapter, twice extend the time of compliance with the requirement13to obtain a residential certificate of occupancy for periods not to14exceed twelve months each] within eight months from either the effective 15 date of the chapter of the laws of two thousand eighteen which amended 16 this paragraph or the date such compliance with the standards of safety 17 and fire protection set forth in article seven-B of this chapter for the 18 residential portions of the building or structure is achieved, whichever 19 is later. 20 § 7. Paragraph (vi) of subdivision 1 of section 284 of the multiple 21 dwelling law, as amended by chapter 135 of the laws of 2010, is amended 22 to read as follows: 23 (vi) Notwithstanding the provisions of paragraphs (i) through (v) of 24 this subdivision the owner of an interim multiple dwelling made subject 25 to this article by subdivision five or six of section two hundred eight- 26 y-one of this article (A) shall file an alteration application within 27 [nine] six months from the effective date of the chapter of the laws of 28 two thousand [ten] eighteen which amended this [subparagraph] paragraph 29 or the date of service of the initial application for coverage or the 30 date of the loft board's issuance of an interim multiple dwelling number 31 or the date of the service of the pleading, whichever is later, and (B) 32 shall take all reasonable and necessary action to obtain an approved 33 alteration permit within [twelve] eighteen months from [such effective34date] either the effective date of the chapter of the laws of two thou- 35 sand eighteen which amended this paragraph or the date of the filing of 36 such alteration application, whichever is later, and (C) shall achieve 37 compliance with the standards of safety and fire protection set forth in 38 article seven-B of this chapter for the residential portions of the 39 building within [eighteen] twenty-four months from [obtaining such40alteration permit or eighteen months from such effective date] either 41 the effective date of the chapter of the laws of two thousand eighteen 42 which amended this paragraph or the date of issuance of such alteration 43 permit, whichever is later, and (D) shall take all reasonable and neces- 44 sary action to obtain a certificate of occupancy as a class A multiple 45 dwelling for the residential portions of the building or structure with- 46 in [thirty-six] eight months from [such effective date. The loft board47may, upon good cause shown, and upon proof of compliance with the stand-48ards of safety and fire protection set forth in article seven-B of this49chapter, twice extend the time of compliance with the requirement to50obtain a residential certificate of occupancy for periods not to exceed51twelve months each] either the effective date of the chapter of the laws 52 of two thousand eighteen which amended this paragraph or the date such 53 compliance with the standards of safety and fire protection set forth in 54 article seven-B of this chapter for the residential portions of the 55 building or structure is achieved, whichever is later.S. 6828--B 9 1 § 8. Paragraph (vii) of subdivision 1 of section 284 of the multiple 2 dwelling law, as amended by chapter 135 of the laws of 2010, is amended 3 to read as follows: 4 (vii) An owner who is unable to satisfy any requirement specified in 5 paragraph (ii), (iii), (iv), (v), or (vi) of this subdivision for 6 reasons beyond [his/her] his or her control, including, but not limited 7 to, a requirement to obtain a certificate of appropriateness for modifi- 8 cation of a landmarked building, a need to obtain a variance from a 9 board of standards and appeals, or the denial of reasonable access to a 10 residential unit as required by paragraph (xi) of this subdivision, may 11 apply to the loft board for an extension of time to meet [the require-12ment] any requirements specified in paragraph (ii), (iii), (iv), (v), or 13 (vi) of this subdivision. The loft board may grant [an extension] exten- 14 sions of time to meet [a requirement] any requirements specified in 15 paragraph (ii), (iii), (iv), (v), or (vi) of this subdivision provided 16 that the owner demonstrates that [he/she] he or she has made good faith 17 efforts to satisfy the requirements. There is no limit to the number of 18 such extensions the loft board may grant. 19 § 9. Section 285 of the multiple dwelling law is amended by adding a 20 new subdivision 4 to read as follows: 21 4. The owner of a building may file a registration application with 22 the loft board for coverage of units pursuant to section two hundred 23 eighty-one of this article without prejudice to its defenses to a claim 24 of coverage of such units and of the building, provided that, where the 25 loft board has promulgated rules and regulations providing for a decov- 26 erage application, the owner files such decoverage application in a 27 timely manner. In the event that the owner fails to file such applica- 28 tion in a timely manner, the loft board may deem such without prejudice 29 application to be with prejudice. Where the loft board has promulgated 30 rules and regulations setting forth the burden of proof for an applica- 31 tion for coverage under a subdivision of section two hundred eighty-one 32 of this article, the subsequent filing of a decoverage application with- 33 in the time period required by such rules and regulations shall not be a 34 basis for shifting the burden of proof to another party. 35 § 10. Subdivision 6 of section 281 of the multiple dwelling law shall 36 not apply to any units that were previously the subject of a registra- 37 tion, or coverage application or claim in a court of competent jurisdic- 38 tion for protection under article 7-C of the multiple dwelling law, or 39 to any units which are located in whole or in part on the same building 40 story as any other unit that was previously the subject of a registra- 41 tion or coverage application or claim in a court of competent jurisdic- 42 tion for protection under article 7-C of the multiple dwelling law. 43 Subject to the foregoing, and to section 282-a of the multiple dwelling 44 law, as amended by this act, no provision of this act or article 7-C of 45 the multiple dwelling law, as amended by this act, or any other law 46 shall be construed to prevent a new application for registration as an 47 interim multiple dwelling or for coverage of residential units under 48 such article from being filed with the loft board and considered by such 49 board in relation to a building, or units within a building, previously 50 determined not to be covered, where the basis for such application is 51 that such building or units are subject to such article as a result of 52 the amendments made by this act. All registration and/or coverage 53 applications under subdivision 5 of section 281 of the multiple dwelling 54 law, pending as of the effective date of this act, for which there has 55 not been a final, unappealable determination, shall be determined inS. 6828--B 10 1 accordance with subdivision 5 of section 281 of the multiple dwelling 2 law, as amended by this act. 3 § 11. This act shall take effect immediately, and shall apply to 4 applications pending approval or on appeal on and after such date 5 provided that: 6 (a) the amendments to subdivision 5 of section 281 of the multiple 7 dwelling law made by section one of this act shall be subject to the 8 expiration and reversion of such subdivision pursuant to subdivision (h) 9 of section 27 of chapter 4 of the laws of 2013, as amended, when upon 10 such date the provisions of section two of this act shall take effect; 11 and 12 (b) the amendments to paragraph (vi) of subdivision 1 of section 284 13 of the multiple dwelling law made by section six of this act shall be 14 subject to the expiration and reversion of such paragraph when upon such 15 date section seven of this act shall take effect.
