2023 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.