NY State Senate Bill 2023-S9123A

Senate Bill S9123A

2023-2024 Legislative Session

Relates to the status of an interim multiple dwelling unit as a protected occupant's primary residence

download bill text pdf

Current Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 17, 2024	print number 9123b
May 17, 2024	amend and recommit to housing, construction and community development
May 15, 2024	print number 9123a
May 15, 2024	amend (t) and recommit to housing, construction and community development
Apr 29, 2024	referred to housing, construction and community development

Bill Amendments

Original

B (Active)

2023-S9123 - Details

See Assembly Version of this Bill:: A9783
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Multiple Dwelling Law
Laws Affected:: Amd §286, Mult Dwell L

2023-S9123 - Summary

Relates to the determination of the status of an interim multiple dwelling unit as a protected occupant's primary residence by the loft board or a court of competent jurisdiction, or by registration of with the loft board; provides factors for consideration for such findings; restores certain landlord-tenant relationships severed prior to the effective date.

2023-S9123 - Sponsor Memo

                                 
BILL NUMBER: S9123

SPONSOR: GONZALEZ
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To clarify tenant protections under the Loft Law. SUMMARY OF PROVISIONS:

Section 1 sets forth legislative findings.

Section 2 amends paragraph 1 of subdivision 2 of section 286 of the
multiple dwelling law to clarify that the primary residency requirement
for continued occupancy protections in a loft unit is to be assessed
subsequent to the finding of coverage by the loft board or a court of
competent jurisdiction or registration with the loft board of the occu-
pant's unit. A new subdivision 14 is added to state that determinations
for coverage under the Loft Law shall not rest upon any single factor.

Section 3 sets forth the effective date.

 
JUSTIFICATION:

The Loft Law is intended to provide a pathway for residential units that
were illegally converted from commercial and manufacturing space to be
brought into conformity with safety standards and receive a certificate
of occupancy. When making determinations on potential coverage of inter-
im multiple dwellings and their protected occupants, the Loft Board has
considered the primary residency requirement for continued occupancy
protection to begin with the filing of an application for protected
status, and rightfully so because prior to this point tenants are living
illegally without rent and eviction protections. Furthermore, the Loft
Board considers all relevant evidence when determining whether a unit is
the tenant's primary residence. This bill codifies the Loft Board's
rules and precedent in this regard.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately, and shall apply to all pending
actions or proceedings, including appeals.

2023-S9123 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9123
 
                             I N  S E N A T E
 
                              April 29, 2024
                                ___________
 
 Introduced  by Sen. GONZALEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community Development
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14985-01-4

 S. 9123                             2
 
 board's  delegated  expertise for evaluating primary residence of poten-
 tial 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 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.

2023-S9123A - Details

See Assembly Version of this Bill:: A9783
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Multiple Dwelling Law
Laws Affected:: Amd §286, Mult Dwell L

2023-S9123A - Summary

2023-S9123A - Sponsor Memo

                                 
BILL NUMBER: S9123A

SPONSOR: GONZALEZ
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To clarify tenant protections under the Loft Law.

 
SUMMARY OF PROVISIONS:

Section 1 sets forth legislative findings.

Section 2 amends paragraph 1 of subdivision 2 of section 286 of the
multiple dwelling law to clarify that the primary residency requirement
for continued occupancy protections in a loft unit is to be assessed
subsequent to the finding of coverage by the loft board or a court of
competent jurisdiction or registration with the loft board of the occu-

pant's unit. A new subdivision 14 is added to state that determinations
for coverage under the Loft Law shall not rest upon any single factor.

Section 3 sets forth the effective date.

 
JUSTIFICATION:

The Loft Law is intended to provide a pathway for residential units that
were illegally converted from commercial and manufacturing space to be
brought into conformity with safety standards and receive a certificate
of occupancy. When making determinations on potential coverage of inter-
im multiple dwellings and their protected occupants, the Loft Board has
considered the primary residency requirement for continued occupancy
protection to begin with the filing of an application for protected
status, and rightfully so because prior to this point tenants are living
illegally without rent and eviction protections.  Furthermore, the Loft
Board considers all relevant evidence when determining whether a unit is
the tenant's primary residence. This bill codifies the Loft Board's
rules and precedent in this regard.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately, and shall apply to all pending
actions or proceedings, including appeals.

2023-S9123A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9123--A
 
                             I N  S E N A T E
 
                              April 29, 2024
                                ___________
 
 Introduced  by Sen. GONZALEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community  Development  -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted 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
 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  DASH-
 ING  (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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14985-03-4
 S. 9123--A                          2
 
 and  the  loft  board's delegated expertise for evaluating primary resi-
 dence 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.  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.

2023-S9123B (ACTIVE) - Details

See Assembly Version of this Bill:: A9783
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Multiple Dwelling Law
Laws Affected:: Amd §286, Mult Dwell L

2023-S9123B (ACTIVE) - Summary

2023-S9123B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9123B

SPONSOR: GONZALEZ
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To clarify tenant protections under the Loft Law.

 
SUMMARY OF PROVISIONS:

Section 1 sets forth legislative findings.

Section 2 amends paragraph 1 of subdivision 2 of section 286 of the
multiple dwelling law to clarify that the primary residency requirement
for continued occupancy protections in a loft unit is to be assessed
subsequent to the finding of coverage by the loft board or a court of
competent jurisdiction or registration with the loft board of the occu-

pant's unit. A new subdivision 14 is added to state that determinations
for coverage under the Loft Law shall not rest upon any single factor.

Section 3 sets forth the effective date.

 
JUSTIFICATION:

The Loft Law is intended to provide a pathway for residential units that
were illegally converted from commercial and manufacturing space to be
brought into conformity with safety standards and receive a certificate
of occupancy. When making determinations on potential coverage of inter-
im multiple dwellings and their protected occupants, the Loft Board has
considered the primary residency requirement for continued occupancy
protection to begin with the filing of an application for protected
status, and rightfully so because prior to this point tenants are living
illegally without rent and eviction protections. Furthermore, the Loft
Board considers all relevant evidence when determining whether a unit is
the tenant's primary residence. This bill codifies the Loft Board's
rules and precedent in this regard.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shalltake effect immediately, and shall apply to all pending
actions or proceedings, including appeals.

2023-S9123B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9123--B
 
                             I N  S E N A T E
 
                              April 29, 2024
                                ___________
 
 Introduced  by Sen. GONZALEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community  Development  -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said  committee  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14985-05-4
 S. 9123--B                          2
 
 ture 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  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.

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