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This entry was published on 2019-06-28
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SECTION 284
Owner obligations
Multiple Dwelling (MDW) CHAPTER 61-A, ARTICLE 7-C
§ 284. Owner obligations. 1. (i) The owner of an interim multiple
dwelling (A) shall file an alteration application within nine months
from the effective date of chapter three hundred forty-nine of the laws
of nineteen hundred eighty-two, 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 chapter two hundred twenty-seven of the laws of
nineteen hundred ninety-two 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 chapter three hundred nine of the laws of nineteen
hundred ninety-six 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 June first, two thousand twelve 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 July second, two thousand twelve or within one
month from achieving compliance with the aforementioned standards for
the residential portions of the building, whichever is later.

(vi) Notwithstanding the provisions of paragraphs (i) through (v) of
this subdivision the owner of an interim multiple dwelling made subject
to this article by subdivision five of section two hundred eighty-one of
this article (A) shall file an alteration application on or before March
twenty-first, two thousand eleven, or, for units that became subject to
this article pursuant to chapter four of the laws of two thousand
thirteen on or before June eleventh, two thousand fourteen, or, for
units that became subject to this article pursuant to the chapter of the
laws of two thousand nineteen that amended this paragraph within nine
months from such effective date, or for units in an interim multiple
dwelling that were listed on an application for coverage or registration
filed with the loft board pursuant to this article or in a court
pleading after March eleventh, two thousand fourteen, within nine months
of either the date of the initial application for coverage or the date
of the loft board's issuance of an interim multiple dwelling number or
the date of the service of the pleading, whichever is earlier, and (B)
shall take all reasonable and necessary action to obtain an approved
alteration permit on or before June twenty-first, two thousand eleven,
or, for units that became subject to this article pursuant to chapter
four of the laws of two thousand thirteen on or before September
eleventh, two thousand fourteen, or, for units that became subject to
this article pursuant to the chapter of the laws of two thousand
nineteen that amended this paragraph within twelve months from such
effective date, or for units in an interim multiple dwelling that were
listed on an application for coverage or registration filed with the
loft board pursuant to this article or in a court pleading after March
eleventh, two thousand fourteen, within twelve months of either the date
of the initial application for coverage or the date of the loft board's
issuance of an interim multiple dwelling number or the date of the
service of the pleading, whichever is earlier, 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,
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 on or before December
twenty-first, two thousand twelve, or for units that became subject to
this article pursuant to chapter four of the laws of two thousand
thirteen on or before March eleventh, two thousand sixteen, or, for
units that became subject to this article pursuant to the chapter of the
laws of two thousand nineteen that amended this paragraph within
thirty-six months from such effective date, or for units in an interim
multiple dwelling that were listed on an application for coverage or
registration filed with the loft board pursuant to this article or in a
court pleading after March eleventh, two thousand sixteen, within thirty
months of either the date of the initial application for coverage or the
date of the loft board's issuance of an interim multiple dwelling number
or the date of the service of the pleading, whichever is earlier. 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.

(vii) Notwithstanding the provisions of paragraphs (i) through (vi) of
this subdivision the owner of an interim multiple dwelling made subject
to this article by subdivision six of section two hundred eighty-one of
this article (A) shall file an alteration application within nine months
from the effective date of the chapter of the laws of two thousand
nineteen that amended this paragraph, 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.

(viii) An owner who is unable to satisfy any requirement specified in
paragraph (ii), (iii), (iv), (v), (vi), or (vii) 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 (xii) of this subdivision, may
apply to the loft board for an extension of time to meet the requirement
specified in paragraph (ii), (iii), (iv), (v), (vi), or (vii) of this
subdivision. The loft board may grant an extension of time to meet a
requirement specified in paragraph (ii), (iii), (iv), (v), (vi), or
(vii) of this subdivision provided that the owner demonstrates that
he/she has made good faith efforts to satisfy the requirements.

(ix) If there is a finding by the loft board that an owner has failed
to satisfy any requirement specified in paragraph (i), (ii), (iii),
(iv), (v), (vi), or (vii) of this subdivision, such owner shall be
subject to all penalties set forth in article eight of this chapter.

(x) 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 paragraph (i), (ii),
(iii), (iv), (v), (vi), or (vii) 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.

(xi) If, as a consequence of an owner's unlawful failure to comply
with the provisions of paragraph (i), (ii), (iii), (iv), (v), (vi), or
(vii) 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.

(xii) 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.