Legislation
SECTION 282
Establishment of special loft unit
Multiple Dwelling (MDW) CHAPTER 61-A, ARTICLE 7-C
§ 282. Establishment of special loft unit. 1. 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 chapter three hundred forty-nine of the
laws of nineteen hundred eighty-two. 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: (i) the determination of interim multiple dwelling status and
other issues of coverage pursuant to this article; (ii) the resolution
of all hardship appeals brought under this article; (iii) the
determination of any claim for rent adjustment under this article by an
owner or tenant; (iv) 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 (v) determination of controversies arising over the fair
market value of a residential tenant's fixtures or reasonable moving
expenses.
2. 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 twenty-five thousand dollars which may be recovered
by the municipality by a proceeding in any court of competent
jurisdiction. The corporation counsel may bring and maintain a civil
proceeding in the name of the city in the supreme court of the county in
which the building, erection or place is located to enjoin violations of
this article. The loft board may designate provisions of such rules and
regulations for enforcement in proceedings before the environmental
control board of such municipality. Notices of violation returnable to
such environmental control board may be issued by officers and employees
of the department of buildings of such municipality and served in the
same manner as violations returnable to such board within the
jurisdiction of such department. The environmental control board, when
acting as the designee of the loft board, shall have the power to impose
civil penalties, not to exceed twenty-five thousand dollars for each
violation, and to issue judgments, which may be docketed and enforced as
set forth in section one thousand forty-nine-a of the New York city
charter.
3. 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.
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 chapter three hundred forty-nine of the
laws of nineteen hundred eighty-two. 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: (i) the determination of interim multiple dwelling status and
other issues of coverage pursuant to this article; (ii) the resolution
of all hardship appeals brought under this article; (iii) the
determination of any claim for rent adjustment under this article by an
owner or tenant; (iv) 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 (v) determination of controversies arising over the fair
market value of a residential tenant's fixtures or reasonable moving
expenses.
2. 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 twenty-five thousand dollars which may be recovered
by the municipality by a proceeding in any court of competent
jurisdiction. The corporation counsel may bring and maintain a civil
proceeding in the name of the city in the supreme court of the county in
which the building, erection or place is located to enjoin violations of
this article. The loft board may designate provisions of such rules and
regulations for enforcement in proceedings before the environmental
control board of such municipality. Notices of violation returnable to
such environmental control board may be issued by officers and employees
of the department of buildings of such municipality and served in the
same manner as violations returnable to such board within the
jurisdiction of such department. The environmental control board, when
acting as the designee of the loft board, shall have the power to impose
civil penalties, not to exceed twenty-five thousand dollars for each
violation, and to issue judgments, which may be docketed and enforced as
set forth in section one thousand forty-nine-a of the New York city
charter.
3. 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.