| See Text A05667 Summary:BILL NO A05667A
SAME AS No same as
SPONSOR Lopez V (MS)
COSPNSR Lentol, Millman, Cymbrowitz, Gottfried, Kavanagh
MLTSPNSR Abbate, Benjamin, Colton, Glick, Jacobs, Ortiz, Perry, Rosenthal
Amd SS281, 282, 284, 285 & 286, Mult Dwell L; amd S3, Chap 349 of 1982
Includes certain buildings, structures or portions thereof occupied for
residential purposes for a period of twelve consecutive months during the
period commencing January 1, 2008 and ending December 31, 2009 as the residence
or home of any three or more families living independently from one another as
interim multiple dwellings; extends effectiveness of provisions of the loft
law.
A05667 Actions:BILL NO A05667A
02/17/2009 referred to housing
03/02/2009 amend and recommit to housing
03/02/2009 print number 5667a
03/10/2009 reported referred to codes
05/12/2009 reported
05/14/2009 advanced to third reading cal.570
A05667 Votes:
A05667 Memo: BILL NUMBER: A5667A
TITLE OF BILL : An act to amend the multiple dwelling law, in
relation to interim multiple dwellings in a city of more than one
million persons and to amend chapter 349 of the laws of 1982, amending
the multiple dwelling law relating to legalization of interim multiple
dwellings in cities over one million, in relation to extending the
effectiveness of such chapter
PURPOSE OR GENERAL IDEA OF BILL :
The purpose of this bill is to extend provisions of the Loft Law to
buildings which have been occupied residentially for 12 consecutive
months during the period starting January 1, 2008 and ending December
31, 2009.
SUMMARY OF SPECIFIC PROVISIONS :
This bill would:
* amend the definition of "interim multiple dwelling" to include
buildings occupied for residential purposes for 12 consecutive months
during the period starting January 1, 2008 and ending December 31,
2009, and extend existing Loft Law protections to tenants in these
buildings;
* require that non-residential space in such buildings be offered for
residential use only after the obtaining of a residential certificate
of occupancy for such space and require that such space be exempt from
this article;
* prohibit the Loft Board from charging fees in the execution of its
responsibilities;
* require owners of such interim multiple dwellings to (a) file an
alteration application within 9 months from the effective date of this
bill, (b) take all reasonable and necessary action to obtain an
approved alteration permit within 12 months, (c) achieve compliance
with the standards of safety and fire protection within 18 months of
obtaining the alteration permit or 18 months from the effective date,
whichever is later, and (d) take reasonable and necessary action to
obtain certificate of occupancy as a class A multiple dwelling for the
residential portions of the building within 36 months;
* authorize the Loft Board, upon good cause shown, to twice extend the
time of compliance with the requirement to obtain a residential
certificate of occupancy for periods not to exceed 12 months each;
* allow owners of such buildings to apply to the Loft Board for an
exemption of a building from this article, if the owner can show it
would cause an unjustifiable hardship, within 9 months of the
effective date of this bill;
* deletes provisions requiring owners of loft buildings to join a real
estate industry stabilization association;
* provides that these interim multiple dwellings become subject to the
emergency tenant protection act of 1974 after they are legalized; and
* extends the Loft Law to May 31, 2014.
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER : This bill would
amend Sections 281, 282, 284, 285, and 286 of the Multiple Dwelling
Law.
JUSTIFICATION : In 2001, the Assembly Housing Committee held a
public hearing on the Legalization of Loft Buildings. Over 200 people
showed up to express their support for the extension of existing Loft
Law provisions to loft buildings in Brooklyn which were occupied after
the date established in the Multiple Dwelling Law. It has been stated
that as many as 10,000 people live in Brooklyn in buildings zoned for
commercial or manufacturing use. Similar to what happened in SOHO in
the 1970s, industrial firms abandoned many parts of Brooklyn in the
1970s and 1980s, so owners started to rent space to young people
desperate for affordable housing. These new tenants have typically
done renovations themselves, adding kitchens and bathrooms and as a
result rebuilding entire neighborhoods. Extending the Loft Law is
necessary to protect these loft tenants and the neighborhoods they
have rebuilt.
PRIOR LEGISLATIVE HISTORY : A.2717-A/2004 - Passed Assembly.
A.2717/2003 - Passed Assembly.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS : This bill
assumes the continued operation of the Loft Board.
EFFECTIVE DATE : Immediately. |
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