Bill Text: NY S04945 | 2011-2012 | General Assembly | Introduced

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Bill Title: Relates to interim multiple dwellings in a city with a population of one million or more persons.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-06-22 - SUBSTITUTED BY A4937 [S04945 Detail]

Download: New_York-2011-S04945-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4945
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                      May 2, 2011
                                      ___________
       Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Housing, Construction  and
         Community Development
       AN ACT to amend the multiple dwelling law, in relation to interim multi-
         ple  dwellings  in  a  city  with  a population of one million or more
         persons
         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 147 of the laws of 2010, is  amended  to  read  as
    3  follows:
    4    5. Notwithstanding the provisions of paragraphs (i), (iii) and (iv) of
    5  subdivision  two of this section, but subject to paragraphs (i) and (ii)
    6  of subdivision one of this section and paragraph (ii) of subdivision two
    7  of this section, the term  "interim  multiple  dwelling"  shall  include
    8  buildings,  structures or portions thereof that are located in a city of
    9  more than one  million  persons  which  were  occupied  for  residential
   10  purposes  as  the residence or home of any three or more families living
   11  independently from one another for a period of twelve consecutive months
   12  during the period commencing January  first,  two  thousand  eight,  and
   13  ending December thirty-first, two thousand nine, provided that the unit:
   14  is  not  located  in  a basement or cellar and has at least one entrance
   15  that does not require passage through another residential unit to obtain
   16  access to the unit, has at least one window opening onto a street  or  a
   17  lawful  yard or court as defined in the zoning resolution for such muni-
   18  cipality, and is at least five hundred fifty square feet in area.    The
   19  term  "interim  multiple dwelling" as used in this subdivision shall not
   20  include (i) any building in  an  industrial  business  zone  established
   21  pursuant to chapter six-D of title twenty-two of the administrative code
   22  of   the   city   of   New   York   except   that   a  building  in  the
   23  Williamsburg/Greenpoint or North Brooklyn industrial business zones  and
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09336-01-1
       S. 4945                             2
    1  a  building  located  in that portion of the Long Island city industrial
    2  business zone that has frontage on either side of forty-seventh [street]
    3  AVENUE or is located north of forty-seventh [street] AVENUE and south of
    4  Skillman  avenue  or  in that portion of the Long Island city industrial
    5  business zone that is located north  of  forty-fourth  drive,  south  of
    6  Queens  plaza  north, and west of twenty-third street may be included in
    7  the term "interim multiple dwelling," or  (ii)  units  in  any  building
    8  that,  at  the  time this subdivision shall take effect, also contains a
    9  use actively and currently pursued, which use is set forth in use groups
   10  fifteen through eighteen, as described in the zoning resolution of  such
   11  municipality in effect on June twenty-first, two thousand ten, and which
   12  the  loft  board  has  determined  in rules and regulation is inherently
   13  incompatible with residential use in the same building, provided that if
   14  a building does not contain such active uses at the time  this  subdivi-
   15  sion  takes effect, no subsequent use by the owner of the building shall
   16  eliminate the protections of this section for any residential  occupants
   17  in the building already qualified for such protections. The term "inter-
   18  im  multiple  dwelling,"  as used in this subdivision shall also include
   19  buildings, structures or portions thereof that are located north of West
   20  24th Street and south of West 27th Street and west of tenth  avenue  and
   21  east of eleventh avenue in a city of more than one million persons which
   22  were  occupied  for residential purposes as the residence or home of any
   23  two or more families living independently from one another for a  period
   24  of twelve consecutive months during the period commencing January first,
   25  two  thousand eight, and ending December thirty-first, two thousand nine
   26  and subject to all the conditions and limitations  of  this  subdivision
   27  other  than  the  number  of  units  in the building. A reduction in the
   28  number of occupied residential units in a  building  after  meeting  the
   29  aforementioned  twelve consecutive month requirement shall not eliminate
   30  the protections of this section for any remaining residential  occupants
   31  qualified  for  such protections. Non-residential space in a building as
   32  of the effective date of this subdivision shall be offered for  residen-
   33  tial  use only after the obtaining of a residential certificate of occu-
   34  pancy for such space and such space shall be exempt from  this  article,
   35  even if a portion of such building may be an interim multiple dwelling.
   36    S 2. This act shall take effect immediately.