N.Y. MDW Law § 284 — New York Code / Act MDW / Article 7-C / Section 284
Owner obligations
Status: in_force

§ 284. Owner obligations.  1. (i) The owner of an interim multiple\ndwelling (A) shall file an alteration application within nine months\nfrom the effective date of chapter three hundred forty-nine of the laws\nof nineteen hundred eighty-two, and (B) shall take all reasonable and\nnecessary action to obtain an approved alteration permit within twelve\nmonths from such effective date, and (C) shall achieve compliance with\nthe standards of safety and fire protection set forth in article seven-B\nof this chapter for the residential portions of the building within\neighteen months from obtaining such alteration permit or eighteen months\nfrom such effective date, whichever is later, and (D) shall take all\nreasonable and necessary action to obtain a certificate of occupancy as\na class A multiple dwelling for the residential portions of the building\nor structure within thirty-six months from such effective date. The loft\nboard may, upon good cause shown, and upon proof of compliance with the\nstandards of safety and fire protection set forth in article seven-B of\nthis chapter, twice extend the time of compliance with the requirement\nto obtain a residential certificate of occupancy for periods not to\nexceed twelve months each.\n  (ii) An owner of an interim multiple dwelling who has not complied\nwith the requirements of paragraph (i) of this subdivision by the\neffective date of chapter two hundred twenty-seven of the laws of\nnineteen hundred ninety-two shall hereafter be deemed in compliance with\nthis subdivision provided that such owner files an alteration\napplication by October first, nineteen hundred ninety-two, takes all\nreasonable and necessary action to obtain an approved alteration permit\nby October first, nineteen hundred ninety-three, achieves compliance\nwith the standards of safety and fire protection set forth in article\nseven-B of this chapter for the residential portions of the building by\nApril first, nineteen hundred ninety-five, or within eighteen months\nfrom obtaining an approved alteration permit, whichever is later, and\ntakes all reasonable and necessary action to obtain a certificate of\noccupancy as a class A multiple dwelling for the residential portions of\nthe building or structure by October first, nineteen hundred ninety-five\nor within six months from achieving compliance with the aforementioned\nstandards for the residential portions of the building, whichever is\nlater.\n  (iii) An owner of an interim multiple dwelling who has not complied\nwith the requirements of paragraph (i) or (ii) of this subdivision by\nthe effective date of chapter three hundred nine of the laws of nineteen\nhundred ninety-six shall hereafter be deemed in compliance with this\nsubdivision provided that such owner files an alteration application by\nOctober first, nineteen hundred ninety-six, takes all reasonable and\nnecessary action to obtain an approved alteration permit by October\nfirst, nineteen hundred ninety-seven, achieves compliance with the\nstandards of safety and fire protection set forth in article seven-B of\nthis chapter for the residential portions of the building by April\nfirst, nineteen hundred ninety-nine or within eighteen months from\nobtaining an approved alteration permit whichever is later, and takes\nall reasonable and necessary action to obtain a certificate of occupancy\nas a class A multiple dwelling for the residential portions of the\nbuilding or structure by June thirtieth, nineteen hundred ninety-nine or\nwithin three months from achieving compliance with the aforementioned\nstandards for the residential portions of the building, whichever is\nlater.\n  (iv) An owner of an interim multiple dwelling who has not complied\nwith the requirements of paragraph (i), (ii) or (iii) of this\nsubdivision by the effective date of this paragraph as provided in\nchapter four hundred fourteen of the laws of nineteen hundred\nninety-nine which added this paragraph shall hereafter be deemed in\ncompliance with this subdivision provided that such owner files an\nalteration application by September first, nineteen hundred ninety-nine,\ntakes all reasonable and necessary action to obtain an approved\nalteration permit by March first, two thousand, achieves compliance with\nthe standards of safety and fire protection set forth in article seven-B\nof this chapter for the residential portions of the building by May\nfirst, two thousand two or within twelve months from obtaining an\napproved alteration permit whichever is later, and takes all reasonable\nand necessary action to obtain a certificate of occupancy as a class A\nmultiple dwelling for the residential portions of the building or\nstructure by May thirty-first, two thousand two or within one month from\nachieving compliance with the aforementioned standards for the\nresidential portions of the building, whichever is later.\n  (v) An owner of an interim multiple dwelling who has not complied with\nthe requirements of paragraph (i), (ii), (iii) or (iv) of this\nsubdivision by the effective date of this paragraph as provided in\nchapter eighty-five of the laws of two thousand two shall hereafter be\ndeemed in compliance with this subdivision provided that such owner\nfiled an alteration application by September first, nineteen hundred\nninety-nine, took all reasonable and necessary action to obtain an\napproved alteration permit by March first, two thousand, achieves\ncompliance with the standards of safety and fire protection set forth in\narticle seven-B of this chapter for the residential portions of the\nbuilding by June first, two thousand twelve or within twelve months from\nobtaining an approved alteration permit whichever is later, and takes\nall reasonable and necessary action to obtain a certificate of occupancy\nas a class A multiple dwelling for the residential portions of the\nbuilding or structure by July second, two thousand twelve or within one\nmonth from achieving compliance with the aforementioned standards for\nthe residential portions of the building, whichever is later.\n  (vi) Notwithstanding the provisions of paragraphs (i) through (v) of\nthis subdivision the owner of an interim multiple dwelling made subject\nto this article by subdivision five of section two hundred eighty-one of\nthis article (A) shall file an alteration application on or before March\ntwenty-first, two thousand eleven, or, for units that became subject to\nthis article pursuant to chapter four of the laws of two thousand\nthirteen on or before June eleventh, two thousand fourteen, or, for\nunits that became subject to this article pursuant to the chapter of the\nlaws of two thousand nineteen that amended this paragraph within nine\nmonths from such effective date, or for units in an interim multiple\ndwelling that were listed on an application for coverage or registration\nfiled with the loft board pursuant to this article or in a court\npleading after March eleventh, two thousand fourteen, within nine months\nof either the date of the initial application for coverage or the date\nof the loft board's issuance of an interim multiple dwelling number or\nthe date of the service of the pleading, whichever is earlier, and (B)\nshall take all reasonable and necessary action to obtain an approved\nalteration permit on or before June twenty-first, two thousand eleven,\nor, for units that became subject to this article pursuant to chapter\nfour of the laws of two thousand thirteen on or before September\neleventh, two thousand fourteen, or, for units that became subject to\nthis article pursuant to the chapter of the laws of two thousand\nnineteen that amended this paragraph within twelve months from such\neffective date, or for units in an interim multiple dwelling that were\nlisted on an application for coverage or registration filed with the\nloft board pursuant to this article or in a court pleading after March\neleventh, two thousand fourteen, within twelve months of either the date\nof the initial application for coverage or the date of the loft board's\nissuance of an interim multiple dwelling number or the date of the\nservice of the pleading, whichever is earlier, and (C) shall achieve\ncompliance with the standards of safety and fire protection set forth in\narticle seven-B of this chapter for the residential portions of the\nbuilding within eighteen months from obtaining such alteration permit,\nand (D) shall take all reasonable and necessary action to obtain a\ncertificate of occupancy as a class A multiple dwelling for the\nresidential portions of the building or structure on or before December\ntwenty-first, two thousand twelve, or for units that became subject to\nthis article pursuant to chapter four of the laws of two thousand\nthirteen on or before March eleventh, two thousand sixteen, or, for\nunits that became subject to this article pursuant to the chapter of the\nlaws of two thousand nineteen that amended this paragraph within\nthirty-six months from such effective date, or for units in an interim\nmultiple dwelling that were listed on an application for coverage or\nregistration filed with the loft board pursuant to this article or in a\ncourt pleading after March eleventh, two thousand sixteen, within thirty\nmonths of either the date of the initial application for coverage or the\ndate of the loft board's issuance of an interim multiple dwelling number\nor the date of the service of the pleading, whichever is earlier. The\nloft board may, upon good cause shown, and upon proof of compliance with\nthe standards of safety and fire protection set forth in article seven-B\nof this chapter, twice extend the time of compliance with the\nrequirement to obtain a residential certificate of occupancy for periods\nnot to exceed twelve months each.\n  (vii) Notwithstanding the provisions of paragraphs (i) through (vi) of\nthis subdivision the owner of an interim multiple dwelling made subject\nto this article by subdivision six of section two hundred eighty-one of\nthis article (A) shall file an alteration application within nine months\nfrom the effective date of the chapter of the laws of two thousand\nnineteen that amended this paragraph, and (B) shall take all reasonable\nand necessary action to obtain an approved alteration permit within\ntwelve months from such effective date, and (C) shall achieve compliance\nwith the standards of safety and fire protection set forth in article\nseven-B of this chapter for the residential portions of the building\nwithin eighteen months from obtaining such alteration permit or eighteen\nmonths from such effective date, whichever is later, and (D) shall take\nall reasonable and necessary action to obtain a certificate of occupancy\nas a class A multiple dwelling for the residential portions of the\nbuilding or structure within thirty-six months from such effective date.\nThe loft board may, upon good cause shown, and upon proof of compliance\nwith the standards of safety and fire protection set forth in article\nseven-B of this chapter, twice extend the time of compliance with the\nrequirement to obtain a residential certificate of occupancy for periods\nnot to exceed twelve months each.\n  (viii) An owner who is unable to satisfy any requirement specified in\nparagraph (ii), (iii), (iv), (v), (vi), or (vii) of this subdivision for\nreasons beyond his/her control, including, but not limited to, a\nrequirement to obtain a certificate of appropriateness for modification\nof a landmarked building, a need to obtain a variance from a board of\nstandards and appeals, or the denial of reasonable access to a\nresidential unit as required by paragraph (xii) of this subdivision, may\napply to the loft board for an extension of time to meet the requirement\nspecified in paragraph (ii), (iii), (iv), (v), (vi), or (vii) of this\nsubdivision. The loft board may grant an extension of time to meet a\nrequirement specified in paragraph (ii), (iii), (iv), (v), (vi), or\n(vii) of this subdivision provided that the owner demonstrates that\nhe/she has made good faith efforts to satisfy the requirements.\n  (ix) If there is a finding by the loft board that an owner has failed\nto satisfy any requirement specified in paragraph (i), (ii), (iii),\n(iv), (v), (vi), or (vii) of this subdivision, such owner shall be\nsubject to all penalties set forth in article eight of this chapter.\n  (x) In addition to the penalties provided in article eight of this\nchapter, if there is a finding by the loft board that an owner has\nfailed to satisfy any requirement specified in paragraph (i), (ii),\n(iii), (iv), (v), (vi), or (vii) of this subdivision, a court may order\nspecific performance to enforce the provisions of this article upon the\napplication of three occupants of separate residential units, qualified\nfor the protection of this article, or upon the application of the\nmunicipality.\n  (xi) If, as a consequence of an owner's unlawful failure to comply\nwith the provisions of paragraph (i), (ii), (iii), (iv), (v), (vi), or\n(vii) of this subdivision, any residential occupant qualified for\nprotection pursuant to this article is required to vacate his or her\nunit as a result of a municipal vacate order, such occupant may recover\nfrom the owner the fair market value of any improvements made by such\ntenant and reasonable moving costs. Any vacate order issued as to such\nunit by a local government shall be deemed an order to the owner to\ncorrect the non-compliant conditions, subject to the provisions of this\narticle.  Furthermore, when such correction has been made, such occupant\nshall have the right to re-occupy his or her unit and shall be entitled\nto all applicable tenant protections of this article.\n  (xii) The occupants of a building shall, upon appropriate notice\nregarding the timing and scope of the work required, afford the owner\nreasonable access to their units so that the work necessary for\ncompliance with this article can be carried out. Access shall also be\nafforded, upon reasonable prior notice, for the purpose of inspecting\nand surveying units as may be required to comply with the provisions of\nthis article and article seven-B of this chapter. Failure to comply with\nan order of the loft board regarding access shall be grounds for\neviction of a tenant.\n  2. Every owner of an interim multiple dwelling, every lessee of a\nwhole building part of which is an interim multiple dwelling, and every\nagent or other person having control of such a dwelling, shall, within\nsixty days of the effective date of the act which added this article,\nfile with the loft board or any other authority designated by the mayor\na notice in conformity with all provisions of section three hundred\ntwenty-five of this chapter and with rules and regulations to be\npromulgated by the loft board.\n