Bill Text: NY S06828 | 2017-2018 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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--A 2017-2018 Regular Sessions IN SENATE June 21, 2017 ___________ Introduced by Sens. DILAN, ALCANTARA, AVELLA, BAILEY, HAMILTON, HOYLMAN, KAVANAGH, KRUEGER, MONTGOMERY, PARKER, SAVINO -- 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 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 seeking coverage: is not located in a [basement or] cellar and has 15 at least one entrance that does not require passage through another 16 residential unit to obtain access to the unit, [has at least one window17opening onto a street or a lawful yard or court as defined in the zoning18resolution for such municipality,] and is at least four hundred square 19 feet in area. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13075-15-8S. 6828--A 2 1 (b) The term "interim multiple dwelling" as used in this subdivision 2 shall not include [(i)] any building in an industrial business zone 3 established pursuant to chapter six-D of title twenty-two of the admin- 4 istrative code of the city of New York except that a building in the 5 Williamsburg/Greenpoint or North Brooklyn industrial business zones and 6 a building located in that portion of the Long Island city industrial 7 business zone that has frontage on either side of forty-seventh avenue 8 or is located north of forty-seventh avenue and south of Skillman avenue 9 or in that portion of the Long Island city industrial business zone that 10 is located north of forty-fourth drive, south of Queens plaza north, and 11 west of twenty-third street may be included in the term "interim multi- 12 ple dwelling," or (ii) units in any building, other than a building that 13 is already defined as an "interim multiple dwelling" pursuant to subdi- 14 vision one, two, three or four of this section, that, at the time this 15 subdivision shall take effect and continuing at the time of the 16 submission of an application for coverage by any party, also contains a 17 use actively and currently pursued, which use is set forth in use 18 [groups fifteen through] group eighteen, as described in the zoning 19 resolution of such municipality in effect on June twenty-first, two 20 thousand ten, and which the loft board has determined in rules and regu- 21 lation is inherently incompatible with residential use in the same 22 building, provided that the loft board may by rule exempt categories of 23 units or buildings from such use incompatibility determinations includ- 24 ing but not limited to residentially occupied units or subcategories of 25 such units, and provided, further that if a building does not contain 26 such active uses at the time this subdivision takes effect, no subse- 27 quent use by the owner of the building shall eliminate the protections 28 of this section for any residential occupants in the building already 29 qualified for such protections. 30 (c) The term "interim multiple dwelling," as used in this subdivision 31 shall also include buildings, structures or portions thereof that are 32 located north of West 24th Street and south of West 27th Street and west 33 of tenth avenue and east of eleventh avenue in a city of more than one 34 million persons which were occupied for residential purposes as the 35 residence or home of any two or more families living independently from 36 one another for a period of twelve consecutive months during the period 37 commencing January first, two thousand eight, and ending December thir- 38 ty-first, two thousand nine and subject to all the conditions and limi- 39 tations of this subdivision other than the number of units in the build- 40 ing. A reduction in the number of occupied residential units in a 41 building after meeting the aforementioned twelve consecutive month 42 requirement shall not eliminate the protections of this section for any 43 remaining residential occupants qualified for such protections. Non-re- 44 sidential space in a building as of the effective date of this subdivi- 45 sion shall be offered for residential use only after the obtaining of a 46 residential certificate of occupancy for such space and such space shall 47 be exempt from this article, even if a portion of such building may be 48 an interim multiple dwelling. 49 § 2. Subdivision 5 of section 281 of the multiple dwelling law, as 50 amended by chapter 139 of the laws of 2011, is amended to read as 51 follows: 52 5. (a) Notwithstanding the provisions of paragraphs (i), (iii) and 53 (iv) of subdivision two of this section, but subject to paragraphs (i) 54 and (ii) of subdivision one of this section and paragraph (ii) of subdi- 55 vision two of this section, the term "interim multiple dwelling" shall 56 include buildings, structures or portions thereof that are located in aS. 6828--A 3 1 city of more than one million persons which were occupied for residen- 2 tial purposes as the residence or home of any three or more families 3 living independently from one another for a period of twelve consecutive 4 months during the period commencing January first, two thousand eight, 5 and ending December thirty-first, two thousand nine, provided that the 6 unit seeking coverage: is not located in a [basement or] cellar and has 7 at least one entrance that does not require passage through another 8 residential unit to obtain access to the unit, [has at least one window9opening onto a street or a lawful yard or court as defined in the zoning10resolution for such municipality,] and is at least five hundred fifty 11 square feet in area. (b) The term "interim multiple dwelling" as used 12 in this subdivision shall not include [(i)] any building in an indus- 13 trial business zone established pursuant to chapter six-D of title twen- 14 ty-two of the administrative code of the city of New York except that a 15 building in the Williamsburg/Greenpoint or North Brooklyn industrial 16 business zones and a building located in that portion of the Long Island 17 city industrial business zone that has frontage on either side of 18 forty-seventh avenue or is located north of forty-seventh avenue and 19 south of Skillman avenue or in that portion of the Long Island city 20 industrial business zone that is located north of forty-fourth drive, 21 south of Queens plaza north, and west of twenty-third street may be 22 included in the term "interim multiple dwelling," or (ii) units in any 23 building, other than a building that is already defined as an "interim 24 multiple dwelling" pursuant to subdivision one, two, three or four of 25 this section, that, at the time this subdivision shall take effect and 26 continuing at the time of the submission of an application for coverage 27 by any party, also contains a use actively and currently pursued, which 28 use is set forth in use [groups fifteen through] group eighteen, as 29 described in the zoning resolution of such municipality in effect on 30 June twenty-first, two thousand ten, and which the loft board has deter- 31 mined in rules and regulation is inherently incompatible with residen- 32 tial use in the same building, provided that the loft board may by rule 33 exempt categories of units or buildings from such use incompatibility 34 determinations including but not limited to residentially occupied units 35 or subcategories of such units, and provided, further that if a building 36 does not contain such active uses at the time this subdivision takes 37 effect, no subsequent use by the owner of the building shall eliminate 38 the protections of this section for any residential occupants in the 39 building already qualified for such protections. (c) The term "interim 40 multiple dwelling," as used in this subdivision shall also include 41 buildings, structures or portions thereof that are located north of West 42 24th Street and south of West 27th Street and west of tenth avenue and 43 east of eleventh avenue in a city of more than one million persons which 44 were occupied for residential purposes as the residence or home of any 45 two or more families living independently from one another for a period 46 of twelve consecutive months during the period commencing January first, 47 two thousand eight, and ending December thirty-first, two thousand nine 48 and subject to all the conditions and limitations of this subdivision 49 other than the number of units in the building. A reduction in the 50 number of occupied residential units in a building after meeting the 51 aforementioned twelve consecutive month requirement shall not eliminate 52 the protections of this section for any remaining residential occupants 53 qualified for such protections. Non-residential space in a building as 54 of the effective date of this subdivision shall be offered for residen- 55 tial use only after the obtaining of a residential certificate of occu-S. 6828--A 4 1 pancy for such space and such space shall be exempt from this article, 2 even if a portion of such building may be an interim multiple dwelling. 3 § 3. 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 and 24 a building located in that portion of the Long Island city industrial 25 business zone that has frontage on either side of forty-seventh avenue 26 or is located north of forty-seventh avenue and south of Skillman avenue 27 or in that portion of the Long Island city industrial business zone that 28 is located north of forty-fourth drive, south of Queens plaza north, and 29 west of twenty-third street may be included in the term "interim multi- 30 ple dwelling", or (ii) units in any building, other than a building that 31 is already defined as an "interim multiple dwelling" pursuant to subdi- 32 vision one, two, three or four of this section, that, at the time this 33 subdivision shall take effect and continuing at the time of the 34 submission of an application for coverage by any party, also contains a 35 use actively and currently pursued, which use is set forth in use group 36 eighteen, as described in the zoning resolution of such municipality in 37 effect on June twenty-first, two thousand ten, and which the loft board 38 has determined in rules and regulation is inherently incompatible with 39 residential use in the same building, provided that the loft board may 40 by rule exempt categories of units or buildings from such use incompat- 41 ibility determinations including but not limited to residentially occu- 42 pied units or subcategories of such units, and provided, further that if 43 a building does not contain such active uses at the time this subdivi- 44 sion takes effect, no subsequent use by the owner of the building shall 45 eliminate the protections of this section for any residential occupants 46 in the building already qualified for such protections. 47 (c) The term "interim multiple dwelling", as used in this subdivision 48 shall also include buildings, structures or portions thereof that are 49 located north of West 24th Street and south of West 27th Street and west 50 of tenth avenue and east of eleventh avenue in a city of more than one 51 million persons which were occupied for residential purposes as the 52 residence or home of any two or more families living independently from 53 one another for a period of twelve consecutive months during the period 54 commencing January first, two thousand fifteen, and ending December 55 thirty-first, two thousand sixteen and subject to all the conditions and 56 limitations of this subdivision other than the number of units in theS. 6828--A 5 1 building. A reduction in the number of occupied residential units in a 2 building after meeting the aforementioned twelve consecutive month 3 requirement shall not eliminate the protections of this section for any 4 remaining residential occupants qualified for such protections. Non-re- 5 sidential space in a building as of the effective date of this subdivi- 6 sion shall be offered for residential use only after the obtaining of a 7 residential certificate of occupancy for such space and such space shall 8 be exempt from this article, even if a portion of such building may be 9 an interim multiple dwelling. 10 § 4. Section 282 of the multiple dwelling law, as amended by chapter 11 147 of the laws of 2010, is amended to read as follows: 12 § 282. Establishment of special loft unit. (1) In order to resolve 13 complaints of owners of interim multiple dwellings and of residential 14 occupants of such buildings qualified for the protection of this arti- 15 cle, and to act upon hardship applications made pursuant to this arti- 16 cle, a special loft unit referred to herein as the "loft board" shall be 17 established which shall consist of from four to nine members represen- 18 tative of the public, the real estate industry, loft residential 19 tenants, [and loft manufacturing interests,] and a chairperson, all to 20 be appointed by the mayor of the municipality and to serve such terms as 21 he may designate. The compensation of the members of the loft board 22 shall be fixed by the mayor. The members of the loft board shall not be 23 considered employees of the state or the municipality, provided, howev- 24 er, that state or municipal employees or officers may be named to the 25 loft board. The mayor shall establish the loft board within ninety days 26 of the effective date of chapter three hundred forty-nine of the laws of 27 nineteen hundred eighty-two. The loft board shall have such office and 28 staff as shall be necessary to carry out functions conferred upon it and 29 may request and receive assistance from any state or municipal agency or 30 department. The loft board shall have the following duties: [(a)] (i) 31 the determination of interim multiple dwelling status and other issues 32 of coverage pursuant to this article; [(b)] (ii) the resolution of all 33 hardship appeals brought under this article; [(c)] (iii) the determi- 34 nation of any claim for rent adjustment under this article by an owner 35 or tenant; [(d)] (iv) the issuance, after a public hearing, and the 36 enforcement of rules and regulations governing minimum housing mainte- 37 nance standards in interim multiple dwellings (subject to the provisions 38 of this chapter and any local building code), rent adjustments prior to 39 legalization, compliance with this article and the hearing of complaints 40 and applications made to it pursuant to this article; and [(e)] (v) 41 determination of controversies arising over the fair market value of a 42 residential tenant's fixtures or reasonable moving expenses. 43 (2) The violation of any rule or regulation promulgated by the loft 44 board shall be punishable by a civil penalty determined by the loft 45 board not to exceed [seventeen thousand five hundred] twenty-five thou- 46 sand dollars which may be recovered by the municipality by a proceeding 47 in any court of competent jurisdiction. The corporation counsel may 48 bring and maintain a civil proceeding in the name of the city in the 49 supreme court of the county in which the building, erection or place is 50 located to enjoin violations of this article. The loft board may desig- 51 nate provisions of such rules and regulations for enforcement in 52 proceedings before the environmental control board of such municipality. 53 Notices of violation returnable to such environmental control board may 54 be issued by officers and employees of the department of buildings of 55 such municipality and served in the same manner as violations returnable 56 to such board within the jurisdiction of such department. The environ-S. 6828--A 6 1 mental control board, when acting as the designee of the loft board, 2 shall have the power to impose civil penalties, not to exceed [seven-3teen] twenty-five thousand [five hundred] dollars for each violation, 4 and to issue judgments, which may be docketed and enforced as set forth 5 in section one thousand forty-nine-a of the New York city charter. 6 (3) The loft board may charge and collect reasonable fees in the 7 execution of its responsibilities. The loft board may administer oaths, 8 take affidavits, hear testimony, and take proof under oath at public or 9 private hearings. 10 § 5. Section 282-a of the multiple dwelling law, as amended by section 11 22 of part A of chapter 20 of the laws of 2015, is amended to read as 12 follows: 13 § 282-a. Applications for coverage of interim multiple dwellings and 14 residential units. [1. All applications for registration as an interim15multiple dwelling or for coverage of residential units under this arti-16cle shall be filed with the loft board within six months after the date17the loft board shall have adopted all rules or regulations necessary in18order to implement the provisions of chapter one hundred forty-seven of19the laws of two thousand ten, provided, however, that applications for20registration as an interim multiple dwelling or for coverage of residen-21tial units under this article may also be filed for a two-year period22starting from the effective date of the chapter of the laws of two thou-23sand fifteen which amended this section. The loft board may subsequently24amend such rules and regulations but such amendments shall not recom-25mence the time period in which applications may be filed.262.] Where any occupant has filed an application for coverage pursuant 27 to this article and has received a docket number from the loft board, it 28 shall be unlawful for an owner to cause or intend to cause such occupant 29 to vacate, surrender or waive any rights in relation to such occupancy, 30 due to repeated interruptions or discontinuances of essential services, 31 or an interruption or discontinuance of an essential service for an 32 extended duration or of such significance as to substantially impair 33 habitability of such unit, at any time before the loft board has made a 34 final determination, including appeals, to approve or deny such applica- 35 tion. This section shall not grant any rights of continued occupancy 36 other than those otherwise granted by law. Any agreement that waives or 37 limits the benefits of this section shall be deemed void as against 38 public policy. In addition to any other remedies provided in this arti- 39 cle for failure to be in compliance, in article eight of this chapter, 40 or in the regulations promulgated by the loft board, an occupant who has 41 filed an application with the loft board for coverage under this article 42 may commence an action or proceeding in a court of competent jurisdic- 43 tion, which notwithstanding any other provision of law shall include the 44 housing part of the New York city civil court, to enforce the provisions 45 of this section. 46 § 6. Paragraph (vi) of subdivision 1 of section 284 of the multiple 47 dwelling law, as amended by section 22-a of part A of chapter 20 of the 48 laws of 2015, is amended to read as follows: 49 (vi) Notwithstanding the provisions of paragraphs (i) through (v) of 50 this subdivision the owner of an interim multiple dwelling made subject 51 to this article by subdivision five of section two hundred eighty-one of 52 this article (A) shall file an alteration application on or before March 53 twenty-first, two thousand eleven, or, for units that became subject to 54 this article pursuant to chapter four of the laws of two thousand thir- 55 teen on or before June eleventh, two thousand fourteen, or, for units 56 that became subject to this article pursuant to the chapter of the lawsS. 6828--A 7 1 of two thousand eighteen that amended this paragraph within nine months 2 from such effective date, or for units in an interim multiple dwelling 3 that were listed on an application for coverage or registration filed 4 with the loft board pursuant to this article or in a court pleading 5 after March eleventh, two thousand fourteen, within nine months of 6 either the date of the initial application for coverage or the date of 7 the loft board's issuance of an interim multiple dwelling number or the 8 date of the service of the pleading, whichever is earlier, and (B) shall 9 take all reasonable and necessary action to obtain an approved alter- 10 ation permit on or before June twenty-first, two thousand eleven, or, 11 for units that became subject to this article pursuant to chapter four 12 of the laws of two thousand thirteen on or before September eleventh, 13 two thousand fourteen, or, for units that became subject to this article 14 pursuant to the chapter of the laws of two thousand eighteen that 15 amended this paragraph within twelve months from such effective date, or 16 for units in an interim multiple dwelling that were listed on an appli- 17 cation for coverage or registration filed with the loft board pursuant 18 to this article or in a court pleading after March eleventh, two thou- 19 sand fourteen, within twelve months of either the date of the initial 20 application for coverage or the date of the loft board's issuance of an 21 interim multiple dwelling number or the date of the service of the 22 pleading, whichever is earlier, and (C) shall achieve compliance with 23 the standards of safety and fire protection set forth in article seven-B 24 of this chapter for the residential portions of the building within 25 eighteen months from obtaining such alteration permit, and (D) shall 26 take all reasonable and necessary action to obtain a certificate of 27 occupancy as a class A multiple dwelling for the residential portions of 28 the building or structure on or before December twenty-first, two thou- 29 sand twelve, or for units that became subject to this article pursuant 30 to chapter four of the laws of two thousand thirteen on or before March 31 eleventh, two thousand sixteen, or, for units that became subject to 32 this article pursuant to the chapter of the laws of two thousand eigh- 33 teen that amended this paragraph within thirty-six months from such 34 effective date, or for units in an interim multiple dwelling that were 35 listed on an application for coverage or registration filed with the 36 loft board pursuant to this article or in a court pleading after March 37 eleventh, two thousand sixteen, within thirty months of either the date 38 of the initial application for coverage or the date of the loft board's 39 issuance of an interim multiple dwelling number or the date of the 40 service of the pleading, whichever is earlier. The loft board may, upon 41 good cause shown, and upon proof of compliance with the standards of 42 safety and fire protection set forth in article seven-B of this chapter, 43 twice extend the time of compliance with the requirement to obtain a 44 residential certificate of occupancy for periods not to exceed twelve 45 months each. 46 § 7. Paragraph (vi) of subdivision 1 of section 284 of the multiple 47 dwelling law, as amended by chapter 135 of the laws of 2010, is amended 48 to read as follows: 49 (vi) Notwithstanding the provisions of paragraphs (i) through (v) of 50 this subdivision the owner of an interim multiple dwelling made subject 51 to this article by subdivision five of section two hundred eighty-one of 52 this article (A) shall file an alteration application within nine months 53 from the effective date of [the] chapter one hundred thirty-five of the 54 laws of two thousand ten [which amended this subparagraph], or for units 55 that became subject to this article pursuant to the chapter of the laws 56 of two thousand eighteen that amended this paragraph within nine monthsS. 6828--A 8 1 from such effective date, and (B) shall take all reasonable and neces- 2 sary action to obtain an approved alteration permit within twelve months 3 from such effective date, or for units that became subject to this arti- 4 cle pursuant to the chapter of the laws of two thousand eighteen that 5 amended this paragraph within twelve months from such effective date, 6 and (C) shall achieve compliance with the standards of safety and fire 7 protection set forth in article seven-B of this chapter for the residen- 8 tial portions of the building within eighteen months from obtaining such 9 alteration permit or eighteen months from such effective date, whichever 10 is later, and (D) shall take all reasonable and necessary action to 11 obtain a certificate of occupancy as a class A multiple dwelling for the 12 residential portions of the building or structure within thirty-six 13 months from such effective date, or for units that became subject to 14 this article pursuant to the chapter of the laws of two thousand eigh- 15 teen that amended this paragraph within thirty-six months from such 16 effective date. The loft board may, upon good cause shown, and upon 17 proof of compliance with the standards of safety and fire protection set 18 forth in article seven-B of this chapter, twice extend the time of 19 compliance with the requirement to obtain a residential certificate of 20 occupancy for periods not to exceed twelve months each. 21 § 8. Paragraphs (vii), (viii), (ix), (x) and (xi) of subdivision 1 and 22 subdivision 2 of section 284 of the multiple dwelling law, paragraphs 23 (vii), (viii), (ix), (x) and (xi) of subdivision 1 as amended by chapter 24 135 of the laws of 2010 and subdivision 2 as added by chapter 349 of the 25 laws of 1982, are amended to read as follows: 26 (vii) Notwithstanding the provisions of paragraphs (i) through (vi) of 27 this subdivision the owner of an interim multiple dwelling made subject 28 to this article by subdivision six of section two hundred eighty-one of 29 this article (A) shall file an alteration application within nine months 30 from the effective date of the chapter of the laws of two thousand eigh- 31 teen that amended this paragraph, and (B) shall take all reasonable and 32 necessary action to obtain an approved alteration permit within twelve 33 months from such effective date, 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 or eighteen months 37 from such effective date, whichever is later, and (D) shall take all 38 reasonable and necessary action to obtain a certificate of occupancy as 39 a class A multiple dwelling for the residential portions of the building 40 or structure within thirty-six months from such effective date. The 41 loft board may, upon good cause shown, and upon proof of compliance with 42 the standards of safety and fire protection set forth in article seven-B 43 of this chapter, twice extend the time of compliance with the require- 44 ment to obtain a residential certificate of occupancy for periods not to 45 exceed twelve months each. 46 (viii) An owner who is unable to satisfy any requirement specified in 47 paragraph (ii), (iii), (iv), (v), [or] (vi), or (vii) of this subdivi- 48 sion for reasons beyond his/her control, including, but not limited to, 49 a requirement to obtain a certificate of appropriateness for modifica- 50 tion of a landmarked building, a need to obtain a variance from a board 51 of standards and appeals, or the denial of reasonable access to a resi- 52 dential unit as required by paragraph [(xi)] (xii) of this subdivision, 53 may apply to the loft board for an extension of time to meet the 54 requirement specified in paragraph (ii), (iii), (iv), (v), [or] (vi), or 55 (vii) of this subdivision. The loft board may grant an extension of time 56 to meet a requirement specified in paragraph (ii), (iii), (iv), (v),S. 6828--A 9 1 [or] (vi), or (vii) of this subdivision provided that the owner demon- 2 strates that he/she has made good faith efforts to satisfy the require- 3 ments. 4 [(viii)] (ix) If there is a finding by the loft board that an owner 5 has failed to satisfy any requirement specified in paragraph (i), (ii), 6 (iii), (iv), (v), [or] (vi), or (vii) of this subdivision, such owner 7 shall be subject to all penalties set forth in article eight of this 8 chapter. 9 [(ix)] (x) In addition to the penalties provided in article eight of 10 this chapter, if there is a finding by the loft board that an owner has 11 failed to satisfy any requirement specified in paragraph (i), (ii), 12 (iii), (iv), (v), [or] (vi), or (vii) of this subdivision, a court may 13 order specific performance to enforce the provisions of this article 14 upon the application of three occupants of separate residential units, 15 qualified for the protection of this article, or upon the application of 16 the municipality. 17 [(x)] (xi) If, as a consequence of an owner's unlawful failure to 18 comply with the provisions of paragraph (i), (ii), (iii), (iv), (v), 19 [or] (vi), or (vii) of this subdivision, any residential occupant quali- 20 fied for protection pursuant to this article is required to vacate his 21 or her unit as a result of a municipal vacate order, such occupant may 22 recover from the owner the fair market value of any improvements made by 23 such tenant and reasonable moving costs. Any vacate order issued as to 24 such unit by a local government shall be deemed an order to the owner to 25 correct the non-compliant conditions, subject to the provisions of this 26 article. Furthermore, when such correction has been made, such occupant 27 shall have the right to re-occupy his or her unit and shall be entitled 28 to all applicable tenant protections of this article. 29 [(xi)] (xii) The occupants of a building shall, upon appropriate 30 notice regarding the timing and scope of the work required, afford the 31 owner reasonable access to their units so that the work necessary for 32 compliance with this article can be carried out. Access shall also be 33 afforded, upon reasonable prior notice, for the purpose of inspecting 34 and surveying units as may be required to comply with the provisions of 35 this article and article seven-B of this chapter. Failure to comply with 36 an order of the loft board regarding access shall be grounds for 37 eviction of a tenant. 38 2. Every owner of an interim multiple dwelling, every lessee of a 39 whole building part of which is an interim multiple dwelling, and every 40 agent or other person having control of such a dwelling, shall, within 41 sixty days of the effective date of the act which added this article, 42 file with the loft board or any other authority designated by the mayor 43 a notice in conformity with all provisions of section three hundred 44 twenty-five of this chapter and with rules and regulations to be promul- 45 gated by the loft board. 46 § 9. No provision of this act or article 7-C of the multiple dwelling 47 law, as amended by this act, or any other law shall be construed to 48 prevent a new application for registration as an interim multiple dwell- 49 ing or for coverage of residential units under such article from being 50 filed with the loft board and considered by such board in relation to a 51 building, or units within a building, previously determined not to be 52 covered, where the basis for such application is that such building or 53 units are subject to such article as a result of the amendments made by 54 this act.S. 6828--A 10 1 § 10. This act shall take effect immediately, and shall apply to 2 applications pending approval or on appeal on and after such date 3 provided that: 4 (a) the amendments to subdivision five of section 281 of the multiple 5 dwelling law made by section one of this act shall be subject to the 6 expiration and reversion of such subdivision pursuant to subdivision (h) 7 of section 27 of chapter 4 of the laws of 2013, as amended, when upon 8 such date the provisions of section two of this act shall take effect; 9 and 10 (b) the amendments to paragraph (vi) of subdivision 1 of section 284 11 of the multiple dwelling law made by section six of this act shall be 12 subject to the expiration and reversion of such paragraph when upon such 13 date section seven of this act shall take effect.
