NY Mult Dwell L § 281 (2021)
2021 New York Laws MDW - Multiple Dwelling Article 7-C - Legalization of Interim Multiple Dwellings 281 - Definition of "Interim Mutiple Dwelling".

§  281.  Definition  of  "interim  multiple  dwelling".  1.  Except as provided in subdivision two of this section, the term "interim  multiple dwelling"  means any building or structure or portion thereof located in a city of more than one million  persons  which  (i)  at  any  time  was occupied  for manufacturing, commercial, or warehouse purposes; and (ii) lacks a certificate of compliance or occupancy pursuant to section three hundred one of this chapter;  and  (iii)  on  December  first,  nineteen hundred  eighty-one  was  occupied  for residential purposes since April first, nineteen hundred eighty as the residence or home of any three  or more families living independently of one another.   2. Notwithstanding the definition set forth in subdivision one of this section,   the  term  "interim  multiple  dwelling"  includes  only  (i) buildings, structures or portions thereof located in a geographical area in which the local zoning  resolution  permits  residential  use  as  of right,  or  by  minor  modification or administrative certification of a local planning agency, (ii) buildings or structures which are not  owned by  a  municipality,  (iii)  buildings,  structures  or portions thereof within an area designated by the local zoning resolution as a study area for possible rezoning to permit  residential  use,  or  (iv)  buildings, structures or portions thereof which may be converted to residential use pursuant  to a special permit granted by a local planning agency. In the case of classes of buildings specified by paragraphs (iii) and  (iv)  of this  subdivision and those buildings specified by paragraph (i) of this subdivision  which  require  a  minor  modification  or   administrative certification, however, the provisions of subdivision one of section two hundred  eighty-four  of  this  article  regarding  compliance with this chapter shall not be  applicable,  but  the  other  provisions  of  this article shall be applicable. Upon rezoning of any such study area or the granting   of   any   such   special   permit,   minor  modification  or administrative certification to  permit  residential  use  of  any  such building  or  portion  thereof,  subdivision  one of section two hundred eighty-four of this article shall be  applicable,  with  the  timing  of compliance requirements set forth in such section commencing to run upon the effective date of such rezoning or permit approval. If such rezoning does not permit residential use of the building or a portion thereof, or if  a special permit, minor modification or administrative certification is denied, such building shall be exempt from this article.   3. In addition to the  residents  of  an  interim  multiple  dwelling, residential  occupants  in  units  first  occupied  after  April  first, nineteen hundred eighty and  prior  to  April  first,  nineteen  hundred eighty-one  shall  be qualified for protection pursuant to this article, provided that the building or any portion thereof otherwise qualifies as an interim multiple dwelling, and the tenants  are  eligible  under  the local zoning resolution for such occupancy. A reduction in the number of occupied  residential units in a building after December first, nineteen hundred eighty-one shall not eliminate the protections of  this  article for  any remaining residential occupants qualified for such protections. Non-residential space in a building as of the effective date of the  act which added this article shall be offered for residential use only after the  obtaining of a residential certificate of occupancy for such space, and such space shall be exempt from this article, even if a  portion  of such building may be an interim multiple dwelling.   4. Interim multiple dwellings shall also include buildings, structures or  portions  thereof  that  had  residential  occupants  on  May first, nineteen hundred eighty-seven  in  units  occupied  residentially  since December  first,  nineteen  hundred  eighty-one  that  were occupied for residential purposes since April  first,  nineteen  hundred  eighty  and those  units shall be qualified for protection pursuant to this article,  provided that the building or any portion thereof meets the requirements set out in subdivision one of this section, regardless  of  whether  the buildings, structures or portions thereof meets the requirements set out in paragraphs (i), (iii) and (iv) of subdivision two of this section.   5.  (a)  Notwithstanding  the  provisions of paragraphs (i), (iii) and (iv) of subdivision two of this section, but subject to  paragraphs  (i) and  (ii)  of  subdivision  one  of  this  section and paragraph (ii) of subdivision two of this section, the term  "interim  multiple  dwelling" shall include buildings, structures or portions thereof that are located in  a  city  of  more  than  one million persons which were occupied for residential purposes as the residence or  home  of  any  three  or  more families  living  independently  from one another for a period of twelve consecutive months during  the  period  commencing  January  first,  two thousand  eight,  and  ending  December thirty-first, two thousand nine, provided that the unit seeking coverage: is not located in a cellar  and has  at least one entrance that does not require passage through another residential unit to obtain access to the unit,  and  is  at  least  four hundred square feet in area.  (b)  The  term "interim multiple dwelling" as used in this subdivision shall not include (i)  any  building  in  an  industrial  business  zone established  pursuant  to  chapter  six-D  of  title  twenty-two  of the administrative code of the city of New York except that  a  building  in the  Williamsburg/Greenpoint or North Brooklyn industrial business zones (other than a building within such North Brooklyn business zone that  is in  a  district  zoned  M3,  as such district is described in the zoning resolution of such municipality in effect at the  time  the  application for  registration  as  an  interim  multiple dwelling or for coverage of residential units under this article is filed) and a building located in that portion of the Long Island city industrial business zone  that  has frontage  on  either side of forty-seventh avenue or is located north of forty-seventh avenue and south of Skillman avenue or in that portion  of the  Long  Island city industrial business zone that is located north of forty-fourth  drive,  south  of  Queens  plaza  north,   and   west   of twenty-third  street  may  be  included  in  the  term "interim multiple dwelling," or (ii) units in any building, other than a building that  is already   defined   as   an  "interim  multiple  dwelling"  pursuant  to subdivision one, two, three or four of this section, that, at  the  time this  subdivision shall take effect and continuing until the time of the submission of an application for coverage by any party, also contains  a use in legal operation, actively and currently pursued, which use is set forth  in  use  group eighteen, as described in the zoning resolution of such municipality in effect on June twenty-first, two thousand ten,  and which  the  loft  board  has  determined  in  rules  and  regulation  is inherently incompatible with residential use in  the  same  building  by creating  an  actual  risk of harm which cannot be reasonably mitigated, provided that the loft board may by rule exempt categories of  units  or buildings from such use incompatibility determinations including but not limited  to residentially occupied units or subcategories of such units, and provided, further that if a building does not  contain  such  active uses at the time this subdivision takes effect, no subsequent use by the owner  of  the  building shall eliminate the protections of this section for any residential occupants in the building already qualified for such protections. A party opposing  coverage  pursuant  to  this  subdivision shall  bear the burden of proving the exception to coverage set forth in subparagraph (ii) of this paragraph.  (c) The term "interim multiple dwelling," as used in this  subdivision shall  also  include  buildings, structures or portions thereof that are located north of West 24th Street and south of West 27th Street and west  of tenth avenue and east of eleventh avenue in a city of more  than  one million  persons  which  were  occupied  for residential purposes as the residence or home of any two or more families living independently  from one  another for a period of twelve consecutive months during the period commencing January  first,  two  thousand  eight,  and  ending  December thirty-first,  two  thousand  nine and subject to all the conditions and limitations of this subdivision other than the number of  units  in  the building.  A  reduction in the number of occupied residential units in a building after  meeting  the  aforementioned  twelve  consecutive  month requirement  shall not eliminate the protections of this section for any remaining  residential  occupants  qualified   for   such   protections. Non-residential  space  in  a  building as of the effective date of this subdivision  shall  be  offered  for  residential  use  only  after  the obtaining  of  a residential certificate of occupancy for such space and such space shall be exempt from this article, even if a portion of  such building may be an interim multiple dwelling.   6.  (a)  Notwithstanding  the  provisions of paragraphs (i), (iii) and (iv) of subdivision two of this section, but subject to  paragraphs  (i) and  (ii)  of  subdivision  one  of  this  section and paragraph (ii) of subdivision two of this section, the term  "interim  multiple  dwelling" shall include buildings, structures or portions thereof that are located in  a  city  of  more  than  one million persons which were occupied for residential purposes as the residence or  home  of  any  three  or  more families  living  independently  from one another for a period of twelve consecutive months during  the  period  commencing  January  first,  two thousand   fifteen,  and  ending  December  thirty-first,  two  thousand sixteen, provided that the unit seeking coverage: is not  located  in  a cellar  and  has  at  least  one  entrance that does not require passage through another residential unit to obtain access to the unit, and is at least four hundred square feet in area.  (b) The term "interim multiple dwelling" as used in  this  subdivision shall  not  include  (i)  any  building  in  an industrial business zone established pursuant  to  chapter  six-D  of  title  twenty-two  of  the administrative  code  of  the city of New York except that a building in the Williamsburg/Greenpoint or North Brooklyn industrial business  zones other  than  a  building  within such North Brooklyn industrial business zone that is in a district zoned M3, as such district  is  described  in the  zoning  resolution  of  such municipality in effect at the time the application for registration as an  interim  multiple  dwelling  or  for coverage  of  residential  units  under  this  article  is  filed) and a building located in that portion of  the  Long  Island  city  industrial business  zone  that has frontage on either side of forty-seventh avenue or is located north of forty-seventh avenue and south of Skillman avenue or in that portion of the Long Island city industrial business zone that is located north of forty-fourth drive, south of Queens plaza north, and west of twenty-third  street  may  be  included  in  the  term  "interim multiple dwelling", or (ii) units in any building, other than a building that  is  already  defined as an "interim multiple dwelling" pursuant to subdivision one, two, three, four or five of this section, that, at  the time this subdivision shall take effect and continuing until the time of the  submission  of  an  application  for  coverage  by  any party, also contains a use in legal operation, actively and currently pursued, which use is set forth in use group  eighteen,  as  described  in  the  zoning resolution  of  such  municipality  in  effect on June twenty-first, two thousand ten, and which the loft  board  has  determined  in  rules  and regulation  is  inherently incompatible with residential use in the same building by creating an actual risk of harm which cannot  be  reasonably mitigated, provided that the loft board may by rule exempt categories of  units   or   buildings  from  such  use  incompatibility  determinations including  but  not  limited  to   residentially   occupied   units   or subcategories  of  such  units, and provided, further that if a building does  not  contain  such  active uses at the time this subdivision takes effect, no subsequent use by the owner of the building  shall  eliminate the  protections  of  this  section for any residential occupants in the building already  qualified  for  such  protections.  A  party  opposing coverage  pursuant  to this subdivision shall bear the burden of proving the exception to  coverage  set  forth  in  subparagraph  (ii)  of  this paragraph.  (c)  The term "interim multiple dwelling", as used in this subdivision shall also include buildings, structures or portions  thereof  that  are located north of West 24th Street and south of West 27th Street and west of  tenth  avenue and east of eleventh avenue in a city of more than one million persons which were occupied  for  residential  purposes  as  the residence  or home of any two or more families living independently from one another for a period of twelve consecutive months during the  period commencing  January  first,  two  thousand  fifteen, and ending December thirty-first, two thousand sixteen and subject to all the conditions and limitations of this subdivision other than the number of  units  in  the building.  A  reduction in the number of occupied residential units in a building after  meeting  the  aforementioned  twelve  consecutive  month requirement  shall not eliminate the protections of this section for any remaining  residential  occupants  qualified   for   such   protections. Non-residential  space  in  a  building as of the effective date of this subdivision  shall  be  offered  for  residential  use  only  after  the obtaining  of  a residential certificate of occupancy for such space and such space shall be exempt from this article, even if a portion of  such building may be an interim multiple dwelling.