<![CDATA[ S T A T E O F N E W Y O R K
________________________________________________________________________
6123
1999-2000 Regular Sessions
I N S E N A T E
August 5, 1999
___________
Introduced by COMMITTEE ON RULES -- read twice and ordered printed, and
when printed to be committed to the Committee on Rules
AN ACT to repeal section 4 of chapter 307 of the laws of 1996 amending
section 3 of chapter 349 of the laws of 1982, relating to terminating
the legalization of interim multiple dwellings in cities of over one
million; to amend chapter 349 of the laws of 1982 amending the multi-
ple dwelling law relating to the legalization of interim multiple
dwellings in cities of over one million, in relation to extending the
effectiveness of such chapter; and to amend the multiple dwelling law,
in relation to conforming such law to the extension of effectiveness
of such chapter by extending deadlines for compliance; and to amend a
chapter of the laws of 1999 as proposed in legislative bill numbers
S.6109-A.9018, amending the real property tax law, relating to improv-
ing the administration of the school tax relief (STAR) program and
other laws, in relation to the extension of the lottery game known as
quick draw
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 4 of chapter 307 of the laws of 1996 amending
2 section 3 of chapter 349 of the laws of 1982, relating to terminating
3 the legalization of interim multiple dwellings in cities of over one
4 million, is REPEALED.
5 ¤ 2. Section 3 of chapter 349 of the laws of 1982 amending the multi-
6 ple dwelling law relating to the legalization of interim multiple dwell-
7 ings in cities of over one million, as amended by chapter 309 of the
8 laws of 1996, is amended to read as follows:
9 ¤ 3. Effective date and termination. This act shall take effect imme-
10 diately. The provisions of this act and all regulations, orders and
11 requirements thereunder shall terminate at the close of the calendar day
12 [June 30, 1999] MARCH 31, 2001.
PAGE-2
1 ¤ 3. Subdivision 1 of section 284 of the multiple dwelling law, as
2 amended by chapter 309 of the laws of 1996, is amended to read as
3 follows:
4 1. (i) The owner of an interim multiple dwelling (A) shall file an
5 alteration application within nine months from the effective date of the
6 act which added this article, and (B) shall take all reasonable and
7 necessary action to obtain an approved alteration permit within twelve
8 months from such effective date, and (C) shall achieve compliance with
9 the standards of safety and fire protection set forth in article seven-B
10 of this chapter for the residential portions of the building within
11 eighteen months from obtaining such alteration permit or eighteen months
12 from such effective date, whichever is later, and (D) shall take all
13 reasonable and necessary action to obtain a certificate of occupancy as
14 a class A multiple dwelling for the residential portions of the building
15 or structure within thirty-six months from such effective date. The loft
16 board may, upon good cause shown, and upon proof of compliance with the
17 standards of safety and fire protection set forth in article seven-B of
18 this chapter, twice extend the time of compliance with the requirement
19 to obtain a residential certificate of occupancy for periods not to
20 exceed twelve months each.
21 (ii) An owner of an interim multiple dwelling who has not complied
22 with the requirements of paragraph (i) of this subdivision by the effec-
23 tive date of the chapter of the laws of nineteen hundred ninety-two
24 which added this paragraph shall hereafter be deemed in compliance with
25 this subdivision provided that such owner files an alteration applica-
26 tion by October first, nineteen hundred ninety-two, takes all reasonable
27 and necessary action to obtain an approved alteration permit by October
28 first, nineteen hundred ninety-three, achieves compliance with the stan-
29 dards of safety and fire protection set forth in article seven-B of this
30 chapter for the residential portions of the building by April first,
31 nineteen hundred ninety-five, or within eighteen months from obtaining
32 an approved alteration permit, whichever is later, and takes all reason-
33 able and necessary action to obtain a certificate of occupancy as a
34 class A multiple dwelling for the residential portions of the building
35 or structure by October first, nineteen hundred ninety-five or within
36 six months from achieving compliance with the aforementioned standards
37 for the residential portions of the building, whichever is later.
38 (iii) An owner of an interim multiple dwelling who has not complied
39 with the requirements of paragraph (i) or (ii) of this subdivision by
40 the effective date of the chapter of the laws of nineteen hundred nine-
41 ty-six which added this paragraph shall hereafter be deemed in compli-
42 ance with this subdivision provided that such owner files an alteration
43 application by October first, nineteen hundred ninety-six, takes all
44 reasonable and necessary action to obtain an approved alteration permit
45 by October first, nineteen hundred ninety-seven, achieves compliance
46 with the standards of safety and fire protection set forth in article
47 seven-B of this chapter for the residential portions of the building by
48 April first, nineteen hundred ninety-nine or within eighteen months from
49 obtaining an approved alteration permit whichever is later, and takes
50 all reasonable and necessary action to obtain a certificate of occupancy
51 as a class A multiple dwelling for the residential portions of the
52 building or structure by June thirtieth, nineteen hundred ninety-nine or
53 within three months from achieving compliance with the aforementioned
54 standards for the residential portions of the building, whichever is
55 later.
PAGE-3
1 (IV) AN OWNER OF AN INTERIM MULTIPLE DWELLING WHO HAS NOT COMPLIED
2 WITH THE REQUIREMENTS OF PARAGRAPH (I), (II) OR (III) OF THIS SUBDIVI-
3 SION BY THE EFFECTIVE DATE OF THIS PARAGRAPH AS PROVIDED IN THE CHAPTER
4 OF THE LAWS OF NINETEEN HUNDRED NINETY-NINE WHICH ADDED THIS PARAGRAPH
5 SHALL HEREAFTER BE DEEMED IN COMPLIANCE WITH THIS SUBDIVISION PROVIDED
6 THAT SUCH OWNER FILES AN ALTERATION APPLICATION BY SEPTEMBER FIRST,
7 NINETEEN HUNDRED NINETY-NINE, TAKES ALL REASONABLE AND NECESSARY ACTION
8 TO OBTAIN AN APPROVED ALTERATION PERMIT BY MARCH FIRST, TWO THOUSAND,
9 ACHIEVES COMPLIANCE WITH THE STANDARDS OF SAFETY AND FIRE PROTECTION SET
10 FORTH IN ARTICLE SEVEN-B OF THIS CHAPTER FOR THE RESIDENTIAL PORTIONS OF
11 THE BUILDING BY MARCH FIRST, TWO THOUSAND ONE OR WITHIN TWELVE MONTHS
12 FROM OBTAINING AN APPROVED ALTERATION PERMIT WHICHEVER IS LATER, AND
13 TAKES ALL REASONABLE AND NECESSARY ACTION TO OBTAIN A CERTIFICATE OF
14 OCCUPANCY AS A CLASS A MULTIPLE DWELLING FOR THE RESIDENTIAL PORTIONS OF
15 THE BUILDING OR STRUCTURE BY MARCH THIRTY-FIRST, TWO THOUSAND ONE OR
16 WITHIN ONE MONTH FROM ACHIEVING COMPLIANCE WITH THE AFOREMENTIONED STAN-
17 DARDS FOR THE RESIDENTIAL PORTIONS OF THE BUILDING, WHICHEVER IS LATER.
18 [(iv)] (V) An owner who is unable to satisfy any requirement specified
19 in paragraph (ii) [or], (iii) OR (IV) of this subdivision for reasons
20 beyond his/her control, including, but not limited to, a requirement to
21 obtain a certificate of appropriateness for modification of a landmarked
22 building, a need to obtain a variance from a board of standards and
23 appeals, or the denial of reasonable access to a residential unit as
24 required by paragraph [(viii)] (IX) of this subdivision, may apply to
25 the loft board for an extension of time to meet the requirement speci-
26 fied in paragraph (ii) [or], (iii) OR (IV) of this subdivision. The loft
27 board may grant an extension of time to meet a requirement specified in
28 paragraph (ii) [or], (iii) OR (IV) of this subdivision provided that the
29 owner demonstrates that he/she has made good faith efforts to satisfy
30 the requirements.
31 [(v)] (VI) If there is a finding by the loft board that an owner has
32 failed to satisfy any requirement specified in paragraphs (i), (ii)
33 [and], (iii) AND (IV) of this subdivision, such owner shall be subject
34 to all penalties set forth in article eight of this chapter.
35 [(vi)] (VII) In addition to the penalties provided in article eight of
36 this chapter, if there is a finding by the loft board that an owner has
37 failed to satisfy any requirement specified in paragraphs (i), (ii)
38 [and], (iii) AND (IV) of this subdivision, a court may order specific
39 performance to enforce the provisions of this article upon the applica-
40 tion of three occupants of separate residential units, qualified for the
41 protection of this article, or upon the application of the municipality.
42 [(vii)] (VIII) If, as a consequence of an owner's unlawful failure to
43 comply with the provisions of paragraphs (i), (ii) [and], (iii) AND (IV)
44 of this subdivision, any residential occupant qualified for protection
45 pursuant to this article is required to vacate his or her unit as a
46 result of a municipal vacate order, such occupant may recover from the
47 owner the fair market value of any improvements made by such tenant and
48 reasonable moving costs. Any vacate order issued as to such unit by a
49 local government shall be deemed an order to the owner to correct the
50 non-compliant conditions, subject to the provisions of this article.
51 Furthermore, when such correction has been made, such occupant shall
52 have the right to re-occupy his or her unit and shall be entitled to all
53 applicable tenant protections of this article.
54 [(viii)] (IX) The occupants of a building shall, upon appropriate
55 notice regarding the timing and scope of the work required, afford the
56 owner reasonable access to their units so that the work necessary for
PAGE-4
1 compliance with this article can be carried out. Access shall also be
2 afforded, upon reasonable prior notice, for the purpose of inspecting
3 and surveying units as may be required to comply with the provisions of
4 this article and article seven-B of this chapter. Failure to comply with
5 an order of the loft board regarding access shall be grounds for
6 eviction of a tenant.
7 ¤ 4. Subdivision 2 of section 286 of the multiple dwelling law, as
8 amended by chapter 309 of the laws of 1996, is amended to read as
9 follows:
10 2. (i) Prior to compliance with safety and fire protection standards
11 of article seven-B of this chapter, residential occupants qualified for
12 protection pursuant to this article shall be entitled to continued occu-
13 pancy, provided that the unit is their primary residence, and shall pay
14 the same rent, including escalations, specified in their lease or rental
15 agreement to the extent to which such lease or rental agreement remains
16 in effect or, in the absence of a lease or rental agreement, the same
17 rent most recently paid and accepted by the owner; if there is no lease
18 or other rental agreement in effect, rent adjustments prior to article
19 seven-B compliance shall be in conformity with guidelines to be set by
20 the loft board for such residential occupants within six months from the
21 effective date of this article.
22 (ii) In addition to any rent adjustment pursuant to paragraph (i) of
23 this subdivision, on or after June twenty-first, nineteen hundred nine-
24 ty-two, the rent for residential units in interim multiple dwellings
25 that are not yet in compliance with the requirements of subdivision one
26 of section two hundred eighty-four of this article shall be adjusted as
27 follows:
28 (A) Upon the owners' filing of an alteration application, as required
29 by paragraph (ii) [or], (iii) OR (IV) of subdivision one of section two
30 hundred eighty-four of this article, an adjustment equal to six percent
31 of the rent in effect at the time the owner files the alteration appli-
32 cation.
33 (B) Upon obtaining an alteration permit, as required by paragraph (ii)
34 [or], (iii) OR (IV) of subdivision one of section two hundred eighty-
35 four of this article, an adjustment equal to eight percent of the rent
36 in effect at the time the owner obtains the alteration permit.
37 (C) Upon achieving compliance with the standards of safety and fire
38 protection set forth in article seven-B of this chapter for the residen-
39 tial portions of the building, an adjustment equal to six percent of the
40 rent in effect at the time the owner achieves such compliance.
41 (D) Owners who filed an alteration application prior to the effective
42 date of this subparagraph shall be entitled to a prospective adjustment
43 equal to six percent of the rent on the effective date of this subpara-
44 graph.
45 (E) Owners who obtained an alteration permit prior to June twenty-
46 first, nineteen hundred ninety-two shall be entitled to a prospective
47 adjustment equal to fourteen percent of the rent on June twenty-first,
48 nineteen hundred ninety-two.
49 (F) Owners who achieved compliance with the standards of safety and
50 fire protection set forth in article seven-B of this chapter for the
51 residential portions of the building prior to June twenty-first, nine-
52 teen hundred ninety-two shall be entitled to a prospective adjustment
53 equal to twenty percent of the rent on June twenty-first, nineteen
54 hundred ninety-two.
55 (iii) Any rent adjustments pursuant to paragraph (ii) of this subdivi-
56 sion shall not apply to units which were rented at market value after
PAGE-5
1 June twenty-first, nineteen hundred eighty-two and prior to June twen-
2 ty-first, nineteen hundred ninety-two.
3 (iv) Payment of any rent adjustments pursuant to paragraph (ii) of
4 this subdivision shall commence the month immediately following the
5 month in which the act entitling the owner to the adjustment occurred.
6 ¤ 5. Section 1 of part J as added by a chapter of the laws of 1999,
7 amending the real property tax law relating to improving the adminis-
8 tration of the school tax relief (STAR) program and other laws, as
9 proposed in legislative bill numbers S.6109-A.9018, is amended to read
10 as follows:
11 Section 1. Notwithstanding the provisions of article 5 of the general
12 construction law, the provisions of the tax law amended by sections
13 94-a, 94-d and 94-g of chapter 2 of the laws of 1995 are hereby revived
14 and shall continue in full force and effect as they existed on March 31,
15 1999 until March 31, [2000] 2001, when upon such date they shall expire
16 and be repealed. Sections 1, 2, 3, 4, and 5, and such part of section 10
17 of chapter 336 of the laws of 1999 as relates to providing for the
18 effectiveness of such sections 1, 2, 3, 4 and 5 shall be nullified in
19 effect on the effective date of this section, except that the amendments
20 made to: paragraph (2) of subdivision a of section 1612 of the tax law
21 by such section 1; and subdivision b of section 1612 of the tax law by
22 such section 2; and the repeal of section 152 of chapter 166 of the laws
23 of 1991 made by such section 5 shall continue to remain in effect.
24 ¤ 6. This act shall take effect immediately, provided that:
25 1. Sections one through four of this act shall be deemed to have been
26 in full force and effect on and after July 1, 1999; provided that the
27 amendments to sections 284 and 286 of the multiple dwelling law made by
28 sections three and four of this act shall not affect the expiration of
29 such sections and shall be deemed to expire therewith, pursuant to
30 section 3 of chapter 349 of the laws of 1982 as amended by section two
31 of this act and as from time to time amended; and
32 2. Section five of this act shall take effect on the same date as
33 such chapter of the laws of 1999 takes effect and the effective date
34 provisions of section 3 of part J of such chapter shall apply to the
35 amendment made hereto such section one of such part.
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