S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9783
 
                           I N  A S S E M B L Y
 
                               April 9, 2024
                                ___________
 
 Introduced  by M. of A. GLICK -- read once and referred to the Committee
   on Housing
 
 AN ACT to amend the multiple dwelling law, in relation to coverage of  a
   unit  or  occupant and the status of an interim multiple dwelling unit
   as a protected occupant's primary residence
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Legislative  findings.  The  legislature hereby finds and
 declares that the findings in section 280 of the multiple  dwelling  law
 are  reaffirmed;  that  the  decision from the Appellate Division, First
 Department, in ONE DOUBLE NINE DASHING LLC V NEW YORK CITY LOFT BOARD ET
 AL. (2022) misinterpreted  the  relationship  of  primary  residence  to
 continued  occupancy  of potential protected occupants under article 7-C
 of the multiple dwelling law; that the unique  illegal  living  arrange-
 ments of potential protected occupants prior to loft law coverage, with-
 out rent and eviction protections and without the applicability of mini-
 mum  housing  maintenance  standards, necessitates a regulatory approach
 which is not always the same as for other rent-regulated  tenants;  that
 the loft board properly concluded that the primary residence requirement
 in  the  statute is prospective from a determination of unit coverage or
 from registration of the unit with the loft board; that the  loft  board
 properly  considered  all relevant evidence and rejected a position that
 statements on tax returns alone are dispositive in making determinations
 regarding primary residence; that prior to DASHING  (2022)  neither  the
 courts  nor  the loft board has looked at statements made on tax returns
 as controlling when evaluating issues  of  primary  residence  for  loft
 tenants;  that  most  loft tenants use for business purposes significant
 portions of their lofts, which the loft law envisions as being legalized
 and covered as joint live/work spaces; and that it is necessary for  the
 legislature  to  correct  the misinterpretation in DASHING (2022) and to
 clarify, and to codify in the law, what has been loft board  policy  and
 precedent  based  on  the  current  law,  loft board rules, and the loft
 board's delegated expertise for evaluating primary residence  of  poten-
 tial protected occupants in possible interim multiple dwelling units.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14985-01-4
 A. 9783                             2
 
   §  2.  Paragraph  (i)  of subdivision 2 of section 286 of the multiple
 dwelling law, as amended by chapter 4 of the laws of  2013,  is  amended
 and a new subdivision 14 is added to read as follows:
   (i)  Prior  to compliance with safety and fire protection standards of
 article seven-B of this chapter,  residential  occupants  qualified  for
 protection pursuant to this article shall be entitled to continued occu-
 pancy,  provided that, SUBSEQUENT TO THE FINDING OF COVERAGE BY THE LOFT
 BOARD OR A COURT OF COMPETENT JURISDICTION OR REGISTRATION WITH THE LOFT
 BOARD OF THE OCCUPANT'S UNIT PURSUANT TO THIS ARTICLE, the unit is their
 primary residence, and shall pay the same rent,  including  escalations,
 specified in their lease or rental agreement to the extent to which such
 lease  or  rental  agreement  remains  in effect or, in the absence of a
 lease or rental agreement, the same rent most recently paid and accepted
 by the owner; if there is no lease or other rental agreement in  effect,
 rent  adjustments  prior  to  article  seven-B  compliance  shall  be in
 conformity with guidelines to be set by the loft board for such residen-
 tial occupants within six months from the effective date of  this  arti-
 cle.
   14.  IN  DETERMINING WHETHER A UNIT QUALIFIES FOR COVERAGE PURSUANT TO
 THIS ARTICLE, WHETHER AN OCCUPANT QUALIFIES FOR  PROTECTION  UNDER  THIS
 ARTICLE, AND/OR WHETHER A REGISTERED INTERIM MULTIPLE DWELLING UNIT IS A
 PROTECTED OCCUPANT'S PRIMARY RESIDENCE FOR ALL PURPOSES UNDER THIS ARTI-
 CLE,  NO  SINGLE FACTOR SHALL BE SOLELY DISPOSITIVE AND/OR PRECLUSIVE OF
 SUCH  DETERMINATION,  INCLUDING,  WITHOUT  LIMITATION,  STATEMENTS  MADE
 AND/OR  ACTIONS TAKEN IN RELATION TO FEDERAL, STATE OR CITY TAX RETURNS.
 NO WAIVER OF RIGHTS OTHERWISE PROTECTED BY THIS SUBDIVISION, MADE  PRIOR
 TO  THE  EFFECTIVE DATE OF THIS SUBDIVISION, SHALL BE ACCORDED ANY FORCE
 OR EFFECT.  ANY LANDLORD-TENANT RELATIONSHIP SEVERED  CONTRARY  TO  THIS
 SUBDIVISION  PRIOR  TO  THE  EFFECTIVE DATE OF THIS SUBDIVISION SHALL BE
 RESTORED TO A TENANT STILL IN POSSESSION ON SUCH EFFECTIVE DATE.
   § 3. This act shall take effect immediately, and shall  apply  to  all
 pending actions or proceedings, including appeals.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9783--B
 
                           I N  A S S E M B L Y
 
                               April 9, 2024
                                ___________
 
 Introduced  by M. of A. GLICK -- read once and referred to the Committee
   on Housing -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee -- again reported from  said
   committee  with amendments, ordered reprinted as amended and recommit-
   ted to said committee
 
 AN ACT to amend the multiple dwelling law, in relation to the status  of
   an  interim  multiple  dwelling unit as a protected occupant's primary
   residence
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  findings.  The  legislature hereby finds and
 declares that the findings in section 280 of the multiple  dwelling  law
 are  reaffirmed;  that  the  decision from the Appellate Division, First
 Department, in ONE DOUBLE NINE DASHING LLC V NEW YORK CITY LOFT BOARD ET
 AL. (2022) misinterpreted  the  relationship  of  primary  residence  to
 continued  occupancy  of potential protected occupants under article 7-C
 of the multiple dwelling law; that the unique  illegal  living  arrange-
 ments of potential protected occupants prior to loft law coverage, with-
 out rent and eviction protections and without the applicability of mini-
 mum  housing  maintenance  standards, necessitates a regulatory approach
 which is not always the same as for other rent-regulated  tenants;  that
 the loft board properly concluded that the primary residence requirement
 in the statute is prospective from an application for protected occupan-
 cy  or  from registration of the unit with the loft board; that the loft
 board properly considered all relevant evidence and rejected a  position
 that  statements on tax returns alone are determinative in making deter-
 minations regarding primary residence;  that  prior  to  DASHING  (2022)
 neither  the  courts nor the loft board has looked at statements made on
 tax returns as controlling when evaluating issues of  primary  residence
 for  loft  tenants;  that  most  loft  tenants use for business purposes
 portions of their lofts, which the loft law envisions as being legalized
 and covered as joint live/work spaces, so long as the residential use is
 the primary use of the unit; and that it is necessary for  the  legisla-
 ture  to correct the misinterpretation in DASHING (2022) and to clarify,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14985-04-4
 A. 9783--B                          2
 
 and to codify in the law, what has been loft board policy and  precedent
 based  on the current law, loft board rules, and the loft board's deleg-
 ated expertise for evaluating primary residence of  potential  protected
 occupants in possible interim multiple dwelling units.
   §  2.  Paragraph  (i)  of subdivision 2 of section 286 of the multiple
 dwelling law, as amended by chapter 4 of the laws of  2013,  is  amended
 and a new subdivision 14 is added to read as follows:
   (i)  Prior  to compliance with safety and fire protection standards of
 article seven-B of this chapter,  residential  occupants  qualified  for
 protection pursuant to this article shall be entitled to continued occu-
 pancy,  provided that, SUBSEQUENT TO THE APPLICATION FOR PROTECTED OCCU-
 PANCY WITH THE LOFT BOARD OR A COURT OF COMPETENT JURISDICTION OR REGIS-
 TRATION WITH THE LOFT BOARD OF THE  OCCUPANT'S  UNIT  PURSUANT  TO  THIS
 ARTICLE,  the  unit  is  their primary residence, and shall pay the same
 rent, including escalations, specified in their lease or  rental  agree-
 ment  to  the  extent to which such lease or rental agreement remains in
 effect or, in the absence of a lease or rental agreement, the same  rent
 most  recently  paid  and accepted by the owner; if there is no lease or
 other rental agreement in effect,  rent  adjustments  prior  to  article
 seven-B  compliance  shall be in conformity with guidelines to be set by
 the loft board for such residential occupants within six months from the
 effective date of this article.
   14. IN DETERMINING WHETHER A UNIT QUALIFIES FOR COVERAGE  PURSUANT  TO
 THIS  ARTICLE,  WHETHER  AN OCCUPANT QUALIFIES FOR PROTECTION UNDER THIS
 ARTICLE, OR WHETHER A REGISTERED INTERIM MULTIPLE  DWELLING  UNIT  IS  A
 PROTECTED OCCUPANT'S PRIMARY RESIDENCE FOR ALL PURPOSES UNDER THIS ARTI-
 CLE,  NO SINGLE FACTOR SHALL BE SOLELY DETERMINATIVE, INCLUDING, WITHOUT
 LIMITATION, STATEMENTS MADE OR ACTIONS TAKEN  IN  RELATION  TO  FEDERAL,
 STATE  OR  CITY  TAX  RETURNS.    EVIDENCE WHICH MAY BE CONSIDERED SHALL
 INCLUDE, BUT NOT BE LIMITED TO,  SPECIFICATION  BY  AN  OCCUPANT  OF  AN
 ADDRESS  OTHER THAN SUCH UNIT AS A PLACE OF RESIDENCE ON ANY TAX RETURN,
 MOTOR VEHICLE REGISTRATION, DRIVER'S LICENSE  OR  OTHER  DOCUMENT  FILED
 WITH  A  GOVERNMENT AGENCY.   NO WAIVER OF RIGHTS OTHERWISE PROTECTED BY
 THIS SUBDIVISION, MADE PRIOR TO THE EFFECTIVE DATE OF THIS  SUBDIVISION,
 SHALL BE ACCORDED ANY FORCE OR EFFECT.
   §  3.  This  act shall take effect immediately, and shall apply to all
 pending actions or proceedings, including appeals.