NY Mult Dwell L § 284 (2021)
2021 New York Laws MDW - Multiple Dwelling Article 7-C - Legalization of Interim Multiple Dwellings 284 - Owner Obligations.

§  284.  Owner  obligations.   1. (i) The owner of an interim multiple dwelling (A) shall file an alteration  application  within  nine  months from  the effective date of chapter three hundred forty-nine of the laws of nineteen hundred eighty-two, and (B) shall take  all  reasonable  and necessary  action  to obtain an approved alteration permit within twelve months from such effective date, and (C) shall achieve  compliance  with the standards of safety and fire protection set forth in article seven-B of  this  chapter  for  the  residential portions of the building within eighteen months from obtaining such alteration permit or eighteen months from such effective date, whichever is later, and  (D)  shall  take  all reasonable  and necessary action to obtain a certificate of occupancy as a class A multiple dwelling for the residential portions of the building or structure within thirty-six months from such effective date. The loft board may, upon good cause shown, and upon proof of compliance with  the standards  of safety and fire protection set forth in article seven-B of this chapter, twice extend the time of compliance with  the  requirement to  obtain  a  residential  certificate  of occupancy for periods not to exceed twelve months each.  (ii) An owner of an interim multiple dwelling  who  has  not  complied with  the  requirements  of  paragraph  (i)  of  this subdivision by the effective date of chapter  two  hundred  twenty-seven  of  the  laws  of nineteen hundred ninety-two shall hereafter be deemed in compliance with this   subdivision   provided   that  such  owner  files  an  alteration application by October first, nineteen  hundred  ninety-two,  takes  all reasonable  and necessary action to obtain an approved alteration permit by October first, nineteen  hundred  ninety-three,  achieves  compliance with  the  standards  of safety and fire protection set forth in article seven-B of this chapter for the residential portions of the building  by April  first,  nineteen  hundred  ninety-five, or within eighteen months from obtaining an approved alteration permit, whichever  is  later,  and takes  all  reasonable  and  necessary action to obtain a certificate of occupancy as a class A multiple dwelling for the residential portions of the building or structure by October first, nineteen hundred ninety-five or within six months from achieving compliance with  the  aforementioned standards  for  the  residential  portions of the building, whichever is later.  (iii) An owner of an interim multiple dwelling who  has  not  complied with  the  requirements  of paragraph (i) or (ii) of this subdivision by the effective date of chapter three hundred nine of the laws of nineteen hundred ninety-six shall hereafter be deemed  in  compliance  with  this subdivision  provided that such owner files an alteration application by October first, nineteen hundred ninety-six,  takes  all  reasonable  and necessary  action  to  obtain  an  approved alteration permit by October first, nineteen  hundred  ninety-seven,  achieves  compliance  with  the standards  of safety and fire protection set forth in article seven-B of this chapter for the residential  portions  of  the  building  by  April first,  nineteen  hundred  ninety-nine  or  within  eighteen months from obtaining an approved alteration permit whichever is  later,  and  takes all reasonable and necessary action to obtain a certificate of occupancy as  a  class  A  multiple  dwelling  for the residential portions of the building or structure by June thirtieth, nineteen hundred ninety-nine or within three months from achieving compliance  with  the  aforementioned standards  for  the  residential  portions of the building, whichever is later.  (iv) An owner of an interim multiple dwelling  who  has  not  complied with   the  requirements  of  paragraph  (i),  (ii)  or  (iii)  of  this subdivision by the effective date  of  this  paragraph  as  provided  in chapter   four   hundred  fourteen  of  the  laws  of  nineteen  hundred  ninety-nine which added this paragraph  shall  hereafter  be  deemed  in compliance  with  this  subdivision  provided  that  such owner files an alteration application by September first, nineteen hundred ninety-nine, takes  all  reasonable  and  necessary  action  to  obtain  an  approved alteration permit by March first, two thousand, achieves compliance with the standards of safety and fire protection set forth in article seven-B of this chapter for the residential portions  of  the  building  by  May first,  two  thousand  two  or  within  twelve  months from obtaining an approved alteration permit whichever is later, and takes all  reasonable and  necessary  action to obtain a certificate of occupancy as a class A multiple dwelling for  the  residential  portions  of  the  building  or structure by May thirty-first, two thousand two or within one month from achieving   compliance   with   the  aforementioned  standards  for  the residential portions of the building, whichever is later.  (v) An owner of an interim multiple dwelling who has not complied with the  requirements  of  paragraph  (i),  (ii),  (iii)  or  (iv)  of  this subdivision  by  the  effective  date  of  this paragraph as provided in chapter eighty-five of the laws of two thousand two shall  hereafter  be deemed  in  compliance  with  this  subdivision provided that such owner filed an alteration application by  September  first,  nineteen  hundred ninety-nine,  took  all  reasonable  and  necessary  action to obtain an approved alteration  permit  by  March  first,  two  thousand,  achieves compliance with the standards of safety and fire protection set forth in article  seven-B  of  this  chapter  for the residential portions of the building by June first, two thousand twelve or within twelve months from obtaining an approved alteration permit whichever is  later,  and  takes all reasonable and necessary action to obtain a certificate of occupancy as  a  class  A  multiple  dwelling  for the residential portions of the building or structure by July second, two thousand twelve or within  one month  from  achieving  compliance with the aforementioned standards for the residential portions of the building, whichever is later.  (vi) Notwithstanding the provisions of paragraphs (i) through  (v)  of this  subdivision the owner of an interim multiple dwelling made subject to this article by subdivision five of section two hundred eighty-one of this article (A) shall file an alteration application on or before March twenty-first, two thousand eleven, or, for units that became subject  to this  article  pursuant  to  chapter  four  of  the laws of two thousand thirteen on or before June eleventh,  two  thousand  fourteen,  or,  for units that became subject to this article pursuant to the chapter of the laws  of  two  thousand nineteen that amended this paragraph within nine months from such effective date, or for units  in  an  interim  multiple dwelling that were listed on an application for coverage or registration filed  with  the  loft  board  pursuant  to  this  article or in a court pleading after March eleventh, two thousand fourteen, within nine months of either the date of the initial application for coverage or  the  date of  the  loft board's issuance of an interim multiple dwelling number or the date of the service of the pleading, whichever is earlier,  and  (B) shall  take  all  reasonable  and necessary action to obtain an approved alteration permit on or before June twenty-first, two  thousand  eleven, or,  for  units  that became subject to this article pursuant to chapter four of the laws  of  two  thousand  thirteen  on  or  before  September eleventh,  two  thousand  fourteen, or, for units that became subject to this article pursuant to  the  chapter  of  the  laws  of  two  thousand nineteen  that  amended  this  paragraph  within twelve months from such effective date, or for units in an interim multiple dwelling  that  were listed  on  an  application  for coverage or registration filed with the loft board pursuant to this article or in a court pleading  after  March eleventh, two thousand fourteen, within twelve months of either the date  of  the initial application for coverage or the date of the loft board's issuance of an interim multiple dwelling  number  or  the  date  of  the service  of  the  pleading,  whichever is earlier, and (C) shall achieve compliance with the standards of safety and fire protection set forth in article  seven-B  of  this  chapter  for the residential portions of the building within eighteen months from obtaining such  alteration  permit, and  (D)  shall  take  all  reasonable  and necessary action to obtain a certificate of  occupancy  as  a  class  A  multiple  dwelling  for  the residential  portions of the building or structure on or before December twenty-first, two thousand twelve, or for units that became  subject  to this  article  pursuant  to  chapter  four  of  the laws of two thousand thirteen on or before March eleventh,  two  thousand  sixteen,  or,  for units that became subject to this article pursuant to the chapter of the laws  of  two  thousand  nineteen  that  amended  this  paragraph within thirty-six months from such effective date, or for units in  an  interim multiple  dwelling  that  were  listed on an application for coverage or registration filed with the loft board pursuant to this article or in  a court pleading after March eleventh, two thousand sixteen, within thirty months of either the date of the initial application for coverage or the date of the loft board's issuance of an interim multiple dwelling number or  the  date  of the service of the pleading, whichever is earlier. The loft board may, upon good cause shown, and upon proof of compliance with the standards of safety and fire protection set forth in article seven-B of  this  chapter,  twice  extend  the  time  of  compliance  with   the requirement to obtain a residential certificate of occupancy for periods not to exceed twelve months each.  (vii) Notwithstanding the provisions of paragraphs (i) through (vi) of this  subdivision the owner of an interim multiple dwelling made subject to this article by subdivision six of section two hundred eighty-one  of this article (A) shall file an alteration application within nine months from  the  effective  date  of  the  chapter of the laws of two thousand nineteen that amended this paragraph, and (B) shall take all  reasonable and  necessary  action  to  obtain  an approved alteration permit within twelve months from such effective date, and (C) shall achieve compliance with the standards of safety and fire protection set  forth  in  article seven-B  of  this  chapter  for the residential portions of the building within eighteen months from obtaining such alteration permit or eighteen months from such effective date, whichever is later, and (D) shall  take all reasonable and necessary action to obtain a certificate of occupancy as  a  class  A  multiple  dwelling  for the residential portions of the building or structure within thirty-six months from such effective date. The loft board may, upon good cause shown, and upon proof of  compliance with  the  standards  of safety and fire protection set forth in article seven-B of this chapter, twice extend the time of  compliance  with  the requirement to obtain a residential certificate of occupancy for periods not to exceed twelve months each.  (viii)  An owner who is unable to satisfy any requirement specified in paragraph (ii), (iii), (iv), (v), (vi), or (vii) of this subdivision for reasons beyond  his/her  control,  including,  but  not  limited  to,  a requirement  to obtain a certificate of appropriateness for modification of a landmarked building, a need to obtain a variance from  a  board  of standards  and  appeals,  or  the  denial  of  reasonable  access  to  a residential unit as required by paragraph (xii) of this subdivision, may apply to the loft board for an extension of time to meet the requirement specified in paragraph (ii), (iii), (iv), (v), (vi), or  (vii)  of  this subdivision.  The  loft  board  may grant an extension of time to meet a requirement specified in paragraph (ii),  (iii),  (iv),  (v),  (vi),  or  (vii)  of  this  subdivision  provided  that the owner demonstrates that he/she has made good faith efforts to satisfy the requirements.  (ix)  If there is a finding by the loft board that an owner has failed to satisfy any requirement specified  in  paragraph  (i),  (ii),  (iii), (iv),  (v),  (vi),  or  (vii)  of  this subdivision, such owner shall be subject to all penalties set forth in article eight of this chapter.  (x) In addition to the penalties provided in  article  eight  of  this chapter,  if  there  is  a  finding  by the loft board that an owner has failed to satisfy any requirement  specified  in  paragraph  (i),  (ii), (iii),  (iv), (v), (vi), or (vii) of this subdivision, a court may order specific performance to enforce the provisions of this article upon  the application  of three occupants of separate residential units, qualified for the protection of this article,  or  upon  the  application  of  the municipality.  (xi)  If,  as  a  consequence of an owner's unlawful failure to comply with the provisions of paragraph (i), (ii), (iii), (iv), (v),  (vi),  or (vii)  of  this  subdivision,  any  residential  occupant  qualified for protection pursuant to this article is required to  vacate  his  or  her unit  as a result of a municipal vacate order, such occupant may recover from the owner the fair market value of any improvements  made  by  such tenant  and  reasonable moving costs. Any vacate order issued as to such unit by a local government shall be deemed an  order  to  the  owner  to correct  the non-compliant conditions, subject to the provisions of this article.  Furthermore, when such correction has been made, such occupant shall have the right to re-occupy his or her unit and shall be  entitled to all applicable tenant protections of this article.  (xii)  The  occupants  of  a  building  shall, upon appropriate notice regarding the timing and scope of the work required,  afford  the  owner reasonable  access  to  their  units  so  that  the  work  necessary for compliance with this article can be carried out. Access  shall  also  be afforded,  upon  reasonable  prior notice, for the purpose of inspecting and surveying units as may be required to comply with the provisions  of this article and article seven-B of this chapter. Failure to comply with an  order  of  the  loft  board  regarding  access  shall be grounds for eviction of a tenant.   2. Every owner of an interim multiple  dwelling,  every  lessee  of  a whole  building part of which is an interim multiple dwelling, and every agent or other person having control of such a dwelling,  shall,  within sixty  days  of  the effective date of the act which added this article, file with the loft board or any other authority designated by the  mayor a  notice  in  conformity  with  all provisions of section three hundred twenty-five of this  chapter  and  with  rules  and  regulations  to  be promulgated by the loft board.