Section 284. Owner obligations  


Latest version.
  • 1. (i) The owner of an interim multiple
      dwelling (A) shall file an alteration  application  within  nine  months
      from  the  effective  date  of the act which added this article, 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 the chapter of the laws of nineteen hundred ninety-two
      which  added this paragraph 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  the  chapter  of  the laws of nineteen hundred
      ninety-six which added this  paragraph  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 May first, two thousand ten 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 ten or within
      one month from achieving compliance with  the  aforementioned  standards
      for the residential portions of the building, whichever is later.
        (vi)  An  owner  who is unable to satisfy any requirement specified in
      paragraph (ii), (iii), (iv) or  (v)  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 (x) of this subdivision, may  apply  to  the  loft
      board  for  an  extension  of  time to meet the requirement specified in
      paragraph (ii), (iii), (iv) or (v) of this subdivision. The  loft  board
      may  grant  an  extension  of  time  to  meet a requirement specified in
      paragraph (ii), (iii), (iv) or (v) of this subdivision provided that the
      owner demonstrates that he/she has made good faith  efforts  to  satisfy
      the requirements.
        (vii) If there is a finding by the loft board that an owner has failed
      to  satisfy  any  requirement  specified in paragraphs (i), (ii), (iii),
      (iv) and (v) of this subdivision, such owner shall  be  subject  to  all
      penalties set forth in article eight of this chapter.
        (viii)  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 paragraphs (i), (ii),
      (iii), (iv) and (v) 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.
        (ix) If, as a consequence of an owner's  unlawful  failure  to  comply
      with the provisions of paragraphs (i), (ii), (iii), (iv) and (v) 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.
        (x)  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.
        * NB Terminates at the close of the calendar day May 31, 2010