Section 282. Establishment of special loft unit  


Latest version.
  • In order to resolve
      complaints of owners of interim multiple dwellings  and  of  residential
      occupants  of  such  buildings  qualified  for  the  protection  of this
      article, and to act upon hardship applications  made  pursuant  to  this
      article,  a  special  loft  unit  referred to herein as the "loft board"
      shall be established which shall consist of from four  to  nine  members
      representative of the public, the real estate industry, loft residential
      tenants,  and loft manufacturing interests, and a chairperson, all to be
      appointed by the mayor of the municipality and to serve such terms as he
      may designate. The compensation of the members of the loft  board  shall
      be  fixed  by  the  mayor.  The  members  of the loft board shall not be
      considered  employees  of  the  state  or  the  municipality,  provided,
      however,  that  state or municipal employees or officers may be named to
      the loft board. The mayor shall establish the loft board  within  ninety
      days of the effective date of the act which added this article. The loft
      board  shall  have  such office and staff as shall be necessary to carry
      out functions conferred upon it and may request and  receive  assistance
      from  any  state or municipal agency or department. The loft board shall
      have the following duties: (a) the  determination  of  interim  multiple
      dwelling  status  and other issues of coverage pursuant to this article;
      (b) the resolution of all hardship appeals brought under  this  article;
      (c)  the  determination  of  any  claim  for  rent adjustment under this
      article by an owner or tenant; (d) the issuance, after a public hearing,
      and the enforcement of rules and regulations governing  minimum  housing
      maintenance  standards  in  interim  multiple  dwellings (subject to the
      provisions  of  this  chapter  and  any  local  building   code),   rent
      adjustments  prior to legalization, compliance with this article and the
      hearing of complaints and applications  made  to  it  pursuant  to  this
      article;  and  (e)  determination of controversies arising over the fair
      market value of a residential tenant's  fixtures  or  reasonable  moving
      expenses.  The  violation  of  any rule or regulation promulgated by the
      loft board shall be punishable by a civil penalty determined by the loft
      board not to exceed one thousand dollars which may be recovered  by  the
      municipality by a proceeding in any court of competent jurisdiction. The
      loft  board  may  charge and collect reasonable fees in the execution of
      its  responsibilities.  The  loft  board  may  administer  oaths,   take
      affidavits,  hear  testimony,  and  take  proof  under oath at public or
      private hearings.
        * NB Terminates at the close of the calendar day May 31, 2010