Assembly Passes Legislation To Increase Protections For New York City Loft Tenants

http://open.nysenate.gov/legislation/bill/S7178A

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.

Just look at this one PetitionOnline.com

4200 signed this petition – and this was only in support of 200 live work spaces there were threatened (and subsequently  lost).

We hope Senators Daniel  Squadron, Malcolm Smith and  John Sampson understand how important this bill is and how intense the outcry will be if this bill will not come to a vote and evictions are following.

There is hope that he will have the engery to do as he just returned from his honeymoon.  But even his aids say that every letter that he receives in favor adds to his motivation:

The Honorable Daniel L. Sqaudron
946 Legislative Office Building
Albany, New York 12247

Tel: 518-455-2625
Fax: 518-426-6956

The Senate Leadership is ultimately in charge of putting the law on the agenda, so a sustained reminder to them is a necessity.

Any anybody who has not signed the petition below – please do so and tell your friends.

Jeffrey D. Klein
518-455-3595
Toll Free – (800) 718-2039
jdklein@senate.state.ny.us

John L. Sampson
Tel: (518) 455-2788
Email: sampson@senate.state.ny.us

Malcolm A Smith
Tel: (518) 455-2701
masmith@senate.state.ny.us

When the Republicans orchestrated a coup on the State Senate on June 8, many political insiders considered the movement to reform New York’s rent laws dead for this year. However, Met Council and other housing groups from across the city began sending dozens of tenants to Albany on a daily basis. We packed the hallways around the Senate chambers and held lively protests. We all wore red “Real Rent Reform” tee-shirts, we all held huge signs, and our loud chants filled the halls of the Capitol building. Tenant groups were the only ones to be in Albany every single day after the coup. The Senators, and the media, took notice. This outpouring of energetic support moved our issues back to the forefront of the political debate, and it kept our issue alive.

What Can Tenants Do:

Every day, call and write to Governor Patterson, your State Senator, and the leader of the Senate Democrats, John Sampson, and urge them to support tenants in the extraordinary sessions by making sure that they include the housing bills on any legislative agenda that they negotiate.
John Sampson can be reached at (518) 455-2788 or sampson@senate.state.ny.us. You can find your State Senator’s contact information at: http://www.nysenate.gov/senators.

You can reach Governor Patterson’s office at 518-474-8390.

The Governor’s most influential aides can be reached at Larry.Schwartz@chamber.state.ny.us
Peter.Kiernam@chamber.state.ny.us
Haley.Plourde-Cole@chamber.state.ny.us

—

Please consider volunteering at Met Council! The Met Council staff is working ’round-the-clock to ensure a tenant victory in Albany, and we need extra support answering tenant questions on our hotline and performing a variety of administrative tasks. If you can handle a walk up two flights of stairs to our office and have time to get involved, contact Rachel at 212-979-6238 extension 207 or rachel@metcouncil.net to find out how you can get involved.

—

Quoted from an e-mail letter sent to constituents, June 29th, 2009.

It never hurts to thank her for her support:

State Senator Liz Krueger <liz@lizkrueger.com>

We am writing to you as a distressed NYC loft tenant at risk of losing our family homes.

We respectfully point out to you a bill passed by the Assembly and introduced into the Senate (Squadron S5881, Lopez A05667A) to amend the NYS Loft Law to cover a new generation of loft tenants who have built out industrial space and created new housing with our own sweat equity at no cost to the tax payer.

A pending Court of Appeals decision on the split between the First and Second Department’s applicability of the ETPA to loft tenants may yet again cause mass evictions comparable to those in Dumbo on Christmas Eve 2000 and allow landlords and developers to cash in on the neighborhoods we have helped build.

We urge you strongly to include S5881 and other vital tenant bills in any emergency session you’re calling.  Your authority is called upon to restore the unequivocal mandate of the electorate.

Sincerely,

The Loft Law Tenants Association

(Brooklyn and Manhattan)

An urgent matter needs your immediate attention BEFORE Senate sessions end next week!

The Loft Law (Assembly Bill A05667 and Senate Bill S5881) passed the Assembly on June 17th and is now before the Senate.

The GOP and the Dems are currently tied, neither party has a majority of Senators or vote. Senators on both sides of the aisle MUST hear from their constituents that they support this bill.

The purpose of this bill is to extend provisions of the Loft Law to buildings which have been occupied residentially by two or more families for any 12 consecutive months during the period starting January 1, 2008 and ending December 31, 2009.

This legislation would create a new window period for recognition of the rights of loft tenants whose occupancy was not covered by the original, 1983, Loft Law and thus will protect thousands of NYC residents who are now facing eviction.

See Assembly bill summary:

http://www.assembly.state.ny.us/leg/?bn=A05667

(Same for Senate: http://public.leginfo.state.ny.us/menugetf.cgi) Bill No S5881

Senator Squadron has sponsored the bill and is currently trying to push it through the senate.

PLEASE TAKE THE TIME TO CALL or WRITE YOUR LOCAL SENATOR and OTHERS NY SENATORS AND TELL THEM THAT YOU SUPPORT the Loft Law BILL S5881.

For more information see Loft Law Blog:

http://loftlaw.wordpress.com/

Send a letter to your Senator:

http://loftlaw.wordpress.com/2009/06/19/letter-to-ny-senators/

NY Senators Contacts:

http://www.nysenate.gov/senators

Key Senator Contacts:

Bill Sponsor: Senator Squadron:

District 25 (All of Lower Manhattan, Soho, Lower East Side, Edge of

Brooklyn and Queens)

http://www.nysenate.gov/senator/daniel-l-squadron/contact

Senator Ruben Diaz (Senate’s Housing Committee Member) District 32,

Bronx

http://www.nysenate.gov/senator/ruben-diaz/contact

Senator Ruth Hassell-Thompson (District 36, Bronx)

http://www.nysenate.gov/senator/ruth-hassell-thompson/contact

Liz Krueger (D) District 26, Manhattan’s East Side

http://www.nysenate.gov/senator/liz-krueger/contact

PLEASE ALSO FORWARD THIS LETTER TO ANYONE ONE YOU KNOW LIVING IN NYC. THE MORE CALLS AND LETTERS THE SENATE RECEIVES THE BETTER THE CHANCES THE BILL WILL PASS.

Thank you for your immediate attention, many individuals and families depend on this new legislation.