S T A T E   O F   N E W   Y O R K
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                                   421

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by M. of A. LENTOL -- read once and referred to the Committee
  on Housing

AN  ACT  to  amend  the  multiple dwelling law, in relation to providing
  tenant protection in connection with unlawful interim multiple  dwell-
  ings

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The multiple dwelling  law  is  amended  by  adding  a  new
section 286-a to read as follows:
  S  286-A.  TENANT PROTECTION; UNLAWFUL INTERIM MULTIPLE DWELLINGS.  1.
DEFINITIONS. FOR PURPOSES OF  THIS  SECTION:  (I)  THE  TERM  "BUILDING"
INCLUDES  A  BUILDING, STRUCTURE, OR PORTION THEREOF, OR A UNIT THEREIN;
(II) THE TERM "PUBLIC  BODY"  INCLUDES  STATE  AND  MUNICIPAL  AGENCIES,
DEPARTMENTS,  AND BOARDS, INCLUDING LOCAL PLANNING AGENCIES AND THE LOFT
BOARD; AND (III) THE TERM "SPECIFIED GROUNDS" INCLUDES THE  GROUND  THAT
(A)  THE BUILDING OR OCCUPANCY DOES NOT SATISFY ONE OR MORE REQUIREMENTS
PERTAINING TO INTERIM MULTIPLE DWELLINGS AS SET FORTH IN THIS ARTICLE OR
IN ANY OTHER PROVISION OF LAW OR IN REGULATION, (B) THE OWNER HAS FAILED
TO SATISFY ONE OR  MORE  REQUIREMENTS  PERTAINING  TO  INTERIM  MULTIPLE
DWELLINGS  AS SET FORTH IN THIS ARTICLE OR IN ANY OTHER PROVISION OF LAW
OR IN REGULATION, (C) A RESIDENTIAL CERTIFICATE  OF  OCCUPANCY  HAS  NOT
BEEN  ISSUED  FOR  THE  BUILDING,  OR  (D)  RESIDENTIAL OCCUPANCY IS NOT
PERMITTED BY THE LOCAL ZONING RESOLUTION.
  2. RULE. AN OWNER WHO HAS RECOVERED POSSESSION OF A BUILDING  OCCUPIED
BY A RESIDENTIAL OCCUPANT ON THE BASIS THAT THE OCCUPANCY IS UNLAWFUL ON
SPECIFIED  GROUNDS SHALL NOT MAKE ANY APPLICATION UNDER ANY PROVISION OF
STATE LAW OR LOCAL LAW, CODE, ORDINANCE,  RULE  OR  REGULATION,  TO  ANY
PUBLIC  BODY FOR THE PURPOSE OF, OR THAT WOULD HAVE THE EFFECT OF OR AID
IN, LEGALIZING OR AUTHORIZING, ANY USE OF THE  BUILDING  AS  AN  INTERIM
MULTIPLE  DWELLING.  THE PROHIBITION SET FORTH IN THIS SUBDIVISION SHALL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD03456-01-1

A. 421                              2

REMAIN IN EFFECT FOR A PERIOD OF TEN  YEARS  AFTER  THE  OWNER'S  ACTUAL
RECOVERY  OF  POSSESSION.  ANY  APPROVAL, AUTHORIZATION, PERMIT, SPECIAL
PERMIT, EXCEPTION, EXEMPTION, CERTIFICATION, VARIANCE, ZONING AMENDMENT,
OR  ANY FORM OF PERMISSION WHATSOEVER THAT MAY BE GRANTED OR ISSUED BY A
PUBLIC BODY IN CONNECTION WITH AN APPLICATION MADE IN VIOLATION  OF  THE
PROVISIONS OF THIS SUBDIVISION SHALL BE VOID.
  S 2. This act shall take effect immediately, and shall apply to build-
ing owners who recover possession of a building as defined and described
in  section  286-a of the multiple dwelling law, as added by section one
of this act on or after said date.