Notes on the Bill – Dan Squadron’s (Sponsoring Senator) Memo

Although we have posted links to the text of the law before, viewing the Sponsoring Senator’s Memo on the bill makes for some good reading:

SPONSORS MEMO:
NEW YORK STATE SENATE
INTRODUCER’S MEMORANDUM IN SUPPORT
submitted in accordance with Senate Rule VI. Sec 1

BILL NUMBER: S5881

SPONSOR: SQUADRON

TITLE OF BILL:
An act to amend the multiple dwelling law, in relation to interim multi-
ple 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 build-
ings 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 certif-
icate 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 certif-
icate 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 Multi-
ple Dwelling Law.

JUSTIFICATION:
During a recent Assembly Housing Committee hearing on loft building
legalization, loft residents who attended overwhelmingly showed their
support for the extension of existing Loft Law provisions to loft build-
ings, particularly in Brooklyn, which were occupied after the date
established in the Multiple Dwelling Law. The extension of the loft law
will facilitate constructive relationships between tenants and loft
building owners through the loft board, protect tenant’s rights and any
structural improvements they make or have made to their neighborhoods,
as well as provide building owners with a reasonable timeline to make
required building modifications.

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.