NY Mult Dwell L § 285 (2021)
2021 New York Laws MDW - Multiple Dwelling Article 7-C - Legalization of Interim Multiple Dwellings 285 - Owner Protection.

§  285. Owner protection. 1. Notwithstanding the provisions of section   three hundred two or three hundred  twenty-five  of  this  chapter,  the   owner  of  an  interim  multiple  dwelling may recover rent payable from   residential occupants qualified for the protection of this article on or   after April first, nineteen hundred eighty, and maintain  an  action  or   proceeding  for  possession  of  such  premises for non-payment of rent,   provided that he is in compliance with this article.2. Notwithstanding any other provision of this article, an  owner  may   apply  to  the loft board for exemption of a building or portion thereof   from this article on the basis that  compliance  with  this  article  in   obtaining  a  legal  residential certificate of occupancy would cause an   unjustifiable  hardship  either  because:  (i)   it   would   cause   an   unreasonably  adverse  impact on a non-residential conforming use tenant   within the building  or  (ii)  the  cost  of  compliance  renders  legal   residential  conversion  infeasible. Residential and other tenants shall   be given not less than sixty days notice in advance of the hearing  date   for  such  application. If the loft board approves such application, the   building or portion thereof shall be exempt from this article,  and  may   be converted to non-residential conforming uses, provided, however, that   the  owner  shall, as a condition of approval of such application, agree   to file an irrevocable recorded covenant in  form  satisfactory  to  the   loft  board  enforceable for fifteen years by the municipality, that the   building will not be re-converted to residential uses during such  time.   The  standard  for  granting such hardship application for a building or   portion thereof shall be as follows: (a) the loft board shall only grant   the minimum relief necessary to relieve any alleged  hardship  with  the   understanding if compliance is reasonably possible it should be achieved   even if it requires alteration of units, relocation of tenants to vacant   space  within  the  building,  re-design  of  space or application for a   non-use-related  variance,  special  permit,   minor   modification   or   administrative  certification;  (b)  self-created  hardship shall not be   allowed; (c) the  test  for  cost  infeasibility  shall  be  that  of  a   reasonable  return  on  the  owner's  investment  not  maximum return on   investment;  (d)  the  test  for  unreasonably  adverse  impact   on   a   non-residential  conforming  use  tenant  shall  be  whether residential   conversion would necessitate displacement.  Such  hardship  applications   shall  be  submitted  to  the  loft  board  within  nine  months  of the   establishment of the loft board (or, in the  case  of  interim  multiple   dwellings  referred  to  in  subdivision  four  of  section  two hundred   eighty-one of this article, within nine months of  July  twenty-seventh,   nineteen  hundred  eighty-seven  or  in  the  case  of  interim multiple   dwellings made subject to this article by subdivision  five  of  section   two  hundred  eighty-one  of  this  article,  within  nine months of the   effective date of such subdivision  five,  or,  for  units  that  became   subject  to  this  article  pursuant  to  the chapter of the laws of two   thousand thirteen which amended this paragraph, within  nine  months  of   the  promulgation  of  all  necessary  rules and regulations pursuant to   section two hundred eighty-two-a of  this  article,  but  shall  not  be   considered, absent a waiver by the loft board, unless the owner has also   filed  an  alteration application. In determination of any such hardship   application, the loft board may demand  such  information  as  it  deems   necessary.  In  approving  any such hardship application, the loft board   may fix reasonable terms and conditions for the vacating of  residential   occupancy.3.  An  owner  of  an  interim  multiple dwelling shall be exempt from   paying a conversion contribution required by the  zoning  resolution  of   the  city  of  New  York  for  that portion of any building or structure   determined by the loft board to be an interim multiple dwelling.