Bill Text: NY A06368 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the multiple dwelling law, the public authorities law, the real property actions and proceedings law and the private housing finance law, in relation to making provisions regarding legalization of interim multiple dwellings; and to amend chapter 349 of the laws of 1982 amending the multiple dwelling law relating to the legalization of interim multiple dwellings, in relation to extending the provisions thereof
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Engrossed - Dead) 2010-04-13 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [A06368 Detail]
Download: New_York-2009-A06368-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6368
2009-2010 Regular Sessions
I N A S S E M B L Y
March 2, 2009
___________
Introduced by M. of A. GLICK, V. LOPEZ, GOTTFRIED, MILLMAN, ROSENTHAL,
WRIGHT -- Multi-Sponsored by -- M. of A. CLARK, COLTON, CYMBROWITZ,
FARRELL, NOLAN, PHEFFER, TOWNS, WEISENBERG -- read once and referred
to the Committee on Housing
AN ACT to amend the multiple dwelling law, the public authorities law,
the real property actions and proceedings law and the private housing
finance law, in relation to making provisions regarding legalization
of interim multiple dwellings; and to amend chapter 349 of the laws of
1982 amending the multiple dwelling law relating to the legalization
of interim multiple dwellings, in relation to extending the provisions
thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 282 of the multiple dwelling law, as added by chap-
2 ter 349 of the laws of 1982, is amended to read as follows:
3 S 282. Establishment of special loft unit. In order to resolve
4 complaints of owners of interim multiple dwellings and of residential
5 occupants of such buildings qualified for the protection of this arti-
6 cle, and to act upon hardship applications made pursuant to this arti-
7 cle, a special loft unit referred to herein as the "loft board" shall be
8 established which shall consist of from four to nine members represen-
9 tative of the public, the real estate industry, loft residential
10 tenants, and loft manufacturing interests, and a chairperson, all to be
11 appointed by the mayor of the municipality and to serve such terms as he
12 may designate. The compensation of the members of the loft board shall
13 be fixed by the mayor. The members of the loft board shall not be
14 considered employees of the state or the municipality, provided, howev-
15 er, that state or municipal employees or officers may be named to the
16 loft board. The mayor shall establish the loft board within ninety days
17 of the effective date of the act which added this article. The loft
18 board shall have such office and staff as shall be necessary to carry
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10059-01-9
A. 6368 2
1 out functions conferred upon it and may request and receive assistance
2 from any state or municipal agency or department. The loft board shall
3 have the following duties: (a) the determination of interim multiple
4 dwelling status and other issues of coverage pursuant to this article;
5 (b) the resolution of all hardship appeals brought under this article;
6 (c) the determination of any claim for rent adjustment under this arti-
7 cle by an owner or tenant; (d) the issuance, after a public hearing, and
8 the enforcement of rules and regulations governing minimum housing main-
9 tenance standards in interim multiple dwellings (subject to the
10 provisions of this chapter and any local building code), rent adjust-
11 ments prior to legalization, compliance with this article and the hear-
12 ing of complaints and applications made to it pursuant to this article;
13 and (e) determination of controversies arising over the fair market
14 value of a residential tenant's fixtures or reasonable moving expenses.
15 The violation of any rule or regulation promulgated by the loft board
16 shall be punishable by a civil penalty determined by the loft board not
17 to exceed one thousand dollars which may [be recovered by the munici-
18 pality by a proceeding in any court of competent jurisdiction], UPON THE
19 EXPIRATION OF THE PERIOD IN WHICH THE PARTY SO PENALIZED MAY INSTITUTE A
20 PROCEEDING PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW
21 AND RULES, BE FILED AND ENFORCED BY THE MUNICIPALITY IN THE SAME MANNER
22 AS A JUDGMENT. The loft board may charge and collect reasonable fees in
23 the execution of its responsibilities. The loft board may administer
24 oaths, take affidavits, hear testimony, and take proof under oath at
25 public or private hearings.
26 S 2. Paragraph (viii) of subdivision 1 of section 284 of the multiple
27 dwelling law, as amended by section 2 of part BB of chapter 85 of the
28 laws of 2002, is amended to read as follows:
29 (viii) In addition to the penalties provided in article eight of this
30 chapter, if there is a finding by the loft board that an owner has
31 failed to satisfy any requirement specified in paragraphs (i), (ii),
32 (iii), (iv) and (v) of this subdivision, a court may order specific
33 performance to enforce the provisions of this article upon the applica-
34 tion of [three occupants of separate residential units] A RESIDENTIAL
35 OCCUPANT, qualified for the protection of this article WHO RESIDES IN
36 THE AFFECTED INTERIM MULTIPLE DWELLING, or upon the application of the
37 municipality.
38 S 3. Subdivision 3 of section 286 of the multiple dwelling law, as
39 added by chapter 349 of the laws of 1982, is amended to read as follows:
40 3. Upon or after compliance with the safety and fire protection stand-
41 ards of article seven-B of this chapter, an owner may apply to the loft
42 board for an adjustment of rent based upon the cost of such compliance.
43 Upon approval by the loft board of such compliance, the loft board shall
44 set the initial legal regulated rent, and each residential occupant
45 qualified for protection pursuant to this article shall be offered a
46 residential lease subject to the provisions regarding evictions and
47 regulation of rent set forth in the emergency tenant protection act of
48 nineteen seventy-four, except to the extent the provisions of this arti-
49 cle are inconsistent with such act. THE OFFERED RESIDENTIAL LEASE SHALL
50 REFLECT SUCH OCCUPANT'S RIGHTS, INCLUDING THOSE RELATED TO USE AND TO
51 SERVICES, AS THEY EXISTED PRIOR TO APPROVAL OF COMPLIANCE BY THE LOFT
52 BOARD PROVIDED THAT THEY DO NOT VIOLATE THE CERTIFICATE OF OCCUPANCY OF
53 THE BUILDING OR ANY PROVISION OF LAW. At such time, the owners of such
54 buildings shall join a real estate industry stabilization association in
55 accordance with such act.
A. 6368 3
1 S 4. Section 286 of the multiple dwelling law is amended by adding a
2 new subdivision 14 to read as follows:
3 14. AN OWNER OF A BUILDING CONTAINING A UNIT OR UNITS MADE SUBJECT TO
4 THE PROVISIONS OF THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVEN-
5 TY-FOUR OR THE RENT STABILIZATION LAW OF NINETEEN HUNDRED SIXTY-NINE
6 PURSUANT TO THIS ARTICLE MAY NOT RECOVER POSSESSION OF ANY SUCH UNIT OR
7 UNITS FOR HIS OR HER PERSONAL USE AND OCCUPANCY OR FOR THE USE AND OCCU-
8 PANCY OF A MEMBER OF HIS OR HER IMMEDIATE FAMILY WHERE A MEMBER OF THE
9 HOUSEHOLD HAS RESIDED IN THE BUILDING FOR TWENTY YEARS OR MORE.
10 S 5. The multiple dwelling law is amended by adding a new section 288
11 to read as follows:
12 S 288. ADDITIONAL REMEDIES. IN ADDITION TO ANY OTHER REMEDY AVAILABLE
13 PURSUANT TO THIS CHAPTER, IF AN OWNER HAS FAILED TO ACHIEVE COMPLIANCE
14 WITH THE STANDARDS OF SAFETY AND FIRE PROTECTION SET FORTH IN ARTICLE
15 SEVEN-B OF THIS CHAPTER FOR THE RESIDENTIAL PORTION OF AN INTERIM MULTI-
16 PLE DWELLING IN ACCORDANCE WITH THE TIME LIMITS PROVIDED FOR IN PARA-
17 GRAPH (I), (II), (III), (IV) OR (V) OF SUBDIVISION ONE OF SECTION TWO
18 HUNDRED EIGHTY-FOUR OF THIS ARTICLE ANY RESIDENTIAL OCCUPANT OF SUCH
19 BUILDING WHO IS QUALIFIED FOR THE PROTECTION OF THIS ARTICLE MAY MAIN-
20 TAIN A SPECIAL PROCEEDING PURSUANT TO ARTICLE SEVEN-A OF THE REAL PROP-
21 ERTY ACTIONS AND PROCEEDINGS LAW FOR THE PURPOSE OF UNDERTAKING THE WORK
22 NECESSARY TO ACHIEVE SUCH COMPLIANCE.
23 S 6. Section 2426 of the public authorities law is amended by adding a
24 new subdivision 23 to read as follows:
25 23. "INTERIM MULTIPLE DWELLING LEGALIZATION LOAN". A LOAN EXTENDED BY
26 A FINANCIAL INSTITUTION WHICH MAY INCLUDE THE REFINANCING OF EXISTING
27 INDEBTEDNESS, IF ANY, SECURED BY ONE OR MORE MORTGAGES ON AN INTERIM
28 MULTIPLE DWELLING AS DEFINED IN SECTION TWO HUNDRED EIGHTY-ONE OF THE
29 MULTIPLE DWELLING LAW WHICH COMPLIES WITH THE CONDITIONS ESTABLISHED
30 PURSUANT TO SECTION TWENTY-FOUR HUNDRED TWENTY-EIGHT OF THIS PART.
31 S 7. Section 2428 of the public authorities law is amended by adding a
32 new subdivision 3-c to read as follows:
33 3-C. (A) NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW TO THE CONTRARY,
34 WHEN SUCH INSURANCE IS NOT REASONABLY AVAILABLE THROUGH THE PRIVATE
35 MARKET THE AGENCY MAY INSURE INTERIM MULTIPLE DWELLING LEGALIZATION
36 LOANS WHICH MEET THE FOLLOWING CONDITIONS:
37 (I) A PORTION OF THE PROCEEDS WILL BE USED TO ACHIEVE COMPLIANCE WITH
38 ARTICLE SEVEN-C OF THE MULTIPLE DWELLING LAW; AND
39 (II) THE BORROWER HAS SUBMITTED A PLAN TO REASONABLY ASSURE COMPLIANCE
40 WITH ARTICLE SEVEN-C OF THE MULTIPLE DWELLING LAW.
41 (B) THE FAILURE OF AN APPLICANT FOR A LOAN TO BE IN COMPLIANCE WITH
42 THE PROVISIONS OF SECTION TWO HUNDRED EIGHTY-FOUR OF THE MULTIPLE DWELL-
43 ING LAW SHALL NOT IN ITSELF ACT AS A BAR TO QUALIFYING FOR A LOAN.
44 S 8. The real property actions and proceedings law is amended by
45 adding a new section 784 to read as follows:
46 S 784. APPLICABILITY TO INTERIM MULTIPLE DWELLINGS. 1. THE PROVISIONS
47 OF THIS ARTICLE SHALL APPLY TO INTERIM MULTIPLE DWELLINGS AS DEFINED IN
48 SECTION TWO HUNDRED EIGHTY-ONE OF THE MULTIPLE DWELLING LAW TO THE
49 EXTENT PROVIDED IN SECTION TWO HUNDRED EIGHTY-EIGHT OF SUCH LAW.
50 2. THE PROVISIONS OF SECTION TWO HUNDRED EIGHTY-EIGHT OF THE MULTIPLE
51 DWELLING LAW SHALL GOVERN IN THE EVENT OF ANY CONFLICT BETWEEN THE
52 PROVISIONS OF SUCH SECTION AND THE PROVISIONS OF THIS ARTICLE.
53 S 9. Subdivision 1 of section 654-d of the private housing finance law
54 is amended by adding a new paragraph (u) to read as follows:
55 (U) "INTERIM MULTIPLE DWELLING LEGALIZATION LOAN". A LOAN EXTENDED BY
56 A FINANCIAL INSTITUTION WHICH MAY INCLUDE THE REFINANCING OF EXISTING
A. 6368 4
1 INDEBTEDNESS, IF ANY, SECURED BY ONE OR MORE MORTGAGES ON AN INTERIM
2 MULTIPLE DWELLING AS DEFINED IN SECTION TWO HUNDRED EIGHTY-ONE OF THE
3 MULTIPLE DWELLING LAW WHICH COMPLIES WITH THE CONDITIONS ESTABLISHED
4 PURSUANT TO SECTION TWENTY-FOUR HUNDRED TWENTY-EIGHT OF THE PUBLIC
5 AUTHORITIES LAW.
6 S 10. Subdivision 10 of section 654-d of the private housing finance
7 law is amended by adding a new paragraph (k) to read as follows:
8 (K) (I) NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW TO THE CONTRARY,
9 WHEN SUCH INSURANCE IS NOT REASONABLY AVAILABLE THROUGH THE PRIVATE
10 MARKET THE AGENCY MAY INSURE INTERIM MULTIPLE DWELLING LEGALIZATION
11 LOANS WHICH MEET THE FOLLOWING CONDITIONS:
12 (A) A PORTION OF THE PROCEEDS WILL BE USED TO ACHIEVE COMPLIANCE WITH
13 ARTICLE SEVEN-C OF THE MULTIPLE DWELLING LAW; AND
14 (B) THE BORROWER HAS SUBMITTED A PLAN TO REASONABLY ASSURE COMPLIANCE
15 WITH ARTICLE SEVEN-C OF THE MULTIPLE DWELLING LAW.
16 (II) THE FAILURE OF AN APPLICANT FOR A LOAN TO BE IN COMPLIANCE WITH
17 THE PROVISIONS OF SECTION TWO HUNDRED EIGHTY-FOUR OF THE MULTIPLE DWELL-
18 ING LAW SHALL NOT IN ITSELF ACT AS A BAR TO QUALIFYING FOR A LOAN.
19 S 11. Section 3 of chapter 349 of the laws of 1982 amending the multi-
20 ple dwelling law relating to the legalization of interim multiple dwell-
21 ings, as amended by section 1 of part PP-1 of chapter 57 of the laws of
22 2008, is amended to read as follows:
23 S 3. Effective date and termination. This act shall take effect imme-
24 diately. The provisions of this act and all regulations, orders and
25 requirements thereunder shall terminate at the close of the calendar day
26 May 31, [2010] 2014.
27 S 12. This act shall take effect immediately, provided that section
28 784 of the real property actions and proceedings law, as added by
29 section eight of this act, shall expire and be deemed repealed on the
30 same date as article 7-C of the multiple dwelling law; provided,
31 further, however, that the amendments to sections 282, 284 and 286 of
32 the multiple dwelling law made by sections one, two, three and four of
33 this act shall not affect the repeal of such sections and shall be
34 deemed repealed therewith; and provided further, that section 288 of the
35 multiple dwelling law as added by section five of this act shall expire
36 and be deemed repealed on the same date as article 7-C of the multiple
37 dwelling law.
