Section 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.
    * NB Terminates at the close of the calendar day May 31, 2010