§ 281 — Definition of "interim multiple dwelling"

New York § 281

• Jurisdiction: New York
• Law MDW: Multiple Dwelling
• Art. 7-C: Legalization of Interim Multiple Dwellings

Text

§ 281. Definition of "interim multiple dwelling". 1. Except as\nprovided in subdivision two of this section, the term "interim multiple\ndwelling" means any building or structure or portion thereof located in\na city of more than one million persons which (i) at any time was\noccupied for manufacturing, commercial, or warehouse purposes; and (ii)\nlacks a certificate of compliance or occupancy pursuant to section three\nhundred one of this chapter; and (iii) on December first, nineteen\nhundred eighty-one was occupied for residential purposes since April\nfirst, nineteen hundred eighty as the residence or home of any three or\nmore families living independently of one another.\n 2. Notwithstanding the definition set forth in subdivision one of this\nsection, the term "interim multiple dwelling" includes only (i)\nbuildings, structures or portions thereof located in a geographical area\nin which the local zoning resolution permits residential use as of\nright, or by minor modification or administrative certification of a\nlocal planning agency, (ii) buildings or structures which are not owned\nby a municipality, (iii) buildings, structures or portions thereof\nwithin an area designated by the local zoning resolution as a study area\nfor possible rezoning to permit residential use, or (iv) buildings,\nstructures or portions thereof which may be converted to residential use\npursuant to a special permit granted by a local planning agency. In the\ncase of classes of buildings specified by paragraphs (iii) and (iv) of\nthis subdivision and those buildings specified by paragraph (i) of this\nsubdivision which require a minor modification or administrative\ncertification, however, the provisions of subdivision one of section two\nhundred eighty-four of this article regarding compliance with this\nchapter shall not be applicable, but the other provisions of this\narticle shall be applicable. Upon rezoning of any such study area or the\ngranting of any such special permit, minor modification or\nadministrative certification to permit residential use of any such\nbuilding or portion thereof, subdivision one of section two hundred\neighty-four of this article shall be applicable, with the timing of\ncompliance requirements set forth in such section commencing to run upon\nthe effective date of such rezoning or permit approval. If such rezoning\ndoes not permit residential use of the building or a portion thereof, or\nif a special permit, minor modification or administrative certification\nis denied, such building shall be exempt from this article.\n 3. In addition to the residents of an interim multiple dwelling,\nresidential occupants in units first occupied after April first,\nnineteen hundred eighty and prior to April first, nineteen hundred\neighty-one shall be qualified for protection pursuant to this article,\nprovided that the building or any portion thereof otherwise qualifies as\nan interim multiple dwelling, and the tenants are eligible under the\nlocal zoning resolution for such occupancy. A reduction in the number of\noccupied residential units in a building after December first, nineteen\nhundred eighty-one shall not eliminate the protections of this article\nfor any remaining residential occupants qualified for such protections.\nNon-residential space in a building as of the effective date of the act\nwhich added this article shall be offered for residential use only after\nthe obtaining of a residential certificate of occupancy for such space,\nand such space shall be exempt from this article, even if a portion of\nsuch building may be an interim multiple dwelling.\n 4. Interim multiple dwellings shall also include buildings, structures\nor portions thereof that had residential occupants on May first,\nnineteen hundred eighty-seven in units occupied residentially since\nDecember first, nineteen hundred eighty-one that were occupied for\nresidential purposes since April first, nineteen hundred eighty and\nthose units shall be qualified for protection pursuant to this article,\nprovided that the building or any portion thereof meets the requirements\nset out in subdivision one of this section, regardless of whether the\nbuildings, structures or portions thereof meets the requirements set out\nin paragraphs (i), (iii) and (iv) of subdivision two of this section.\n 5. (a) Notwithstanding the provisions of paragraphs (i), (iii) and\n(iv) of subdivision two of this section, but subject to paragraphs (i)\nand (ii) of subdivision one of this section and paragraph (ii) of\nsubdivision two of this section, the term "interim multiple dwelling"\nshall include buildings, structures or portions thereof that are located\nin a city of more than one million persons which were occupied for\nresidential purposes as the residence or home of any three or more\nfamilies living independently from one another for a period of twelve\nconsecutive months during the period commencing January first, two\nthousand eight, and ending December thirty-first, two thousand nine,\nprovided that the unit seeking coverage: is not located in a cellar and\nhas at least one entrance that does not require passage through another\nresidential unit to obtain access to the unit, and is at least four\nhundred square feet in area.\n (b) The term "interim multiple dwelling" as used in this subdivision\nshall not include (i) any building in an industrial business zone\nestablished pursuant to chapter six-D of title twenty-two of the\nadministrative code of the city of New York except that a building in\nthe Williamsburg/Greenpoint or North Brooklyn industrial business zones\n(other than a building within such North Brooklyn business zone that is\nin a district zoned M3, as such district is described in the zoning\nresolution of such municipality in effect at the time the application\nfor registration as an interim multiple dwelling or for coverage of\nresidential units under this article is filed) and a building located in\nthat portion of the Long Island city industrial business zone that has\nfrontage on either side of forty-seventh avenue or is located north of\nforty-seventh avenue and south of Skillman avenue or in that portion of\nthe Long Island city industrial business zone that is located north of\nforty-fourth drive, south of Queens plaza north, and west of\ntwenty-third street may be included in the term "interim multiple\ndwelling," or (ii) units in any building, other than a building that is\nalready defined as an "interim multiple dwelling" pursuant to\nsubdivision one, two, three or four of this section, that, at the time\nthis subdivision shall take effect and continuing until the time of the\nsubmission of an application for coverage by any party, also contains a\nuse in legal operation, actively and currently pursued, which use is set\nforth in use group eighteen, as described in the zoning resolution of\nsuch municipality in effect on June twenty-first, two thousand ten, and\nwhich the loft board has determined in rules and regulation is\ninherently incompatible with residential use in the same building by\ncreating an actual risk of harm which cannot be reasonably mitigated,\nprovided that the loft board may by rule exempt categories of units or\nbuildings from such use incompatibility determinations including but not\nlimited to residentially occupied units or subcategories of such units,\nand provided, further that if a building does not contain such active\nuses at the time this subdivision takes effect, no subsequent use by the\nowner of the building shall eliminate the protections of this section\nfor any residential occupants in the building already qualified for such\nprotections. A party opposing coverage pursuant to this subdivision\nshall bear the burden of proving the exception to coverage set forth in\nsubparagraph (ii) of this paragraph.\n (c) The term "interim multiple dwelling," as used in this subdivision\nshall also include buildings, structures or portions thereof that are\nlocated north of West 24th Street and south of West 27th Street and west\nof tenth avenue and east of eleventh avenue in a city of more than one\nmillion persons which were occupied for residential purposes as the\nresidence or home of any two or more families living independently from\none another for a period of twelve consecutive months during the period\ncommencing January first, two thousand eight, and ending December\nthirty-first, two thousand nine and subject to all the conditions and\nlimitations of this subdivision other than the number of units in the\nbuilding. A reduction in the number of occupied residential units in a\nbuilding after meeting the aforementioned twelve consecutive month\nrequirement shall not eliminate the protections of this section for any\nremaining residential occupants qualified for such protections.\nNon-residential space in a building as of the effective date of this\nsubdivision shall be offered for residential use only after the\nobtaining of a residential certificate of occupancy for such space and\nsuch space shall be exempt from this article, even if a portion of such\nbuilding may be an interim multiple dwelling.\n 6. (a) Notwithstanding the provisions of paragraphs (i), (iii) and\n(iv) of subdivision two of this section, but subject to paragraphs (i)\nand (ii) of subdivision one of this section and paragraph (ii) of\nsubdivision two of this section, the term "interim multiple dwelling"\nshall include buildings, structures or portions thereof that are located\nin a city of more than one million persons which were occupied for\nresidential purposes as the residence or home of any three or more\nfamilies living independently from one another for a period of twelve\nconsecutive months during the period commencing January first, two\nthousand fifteen, and ending December thirty-first, two thousand\nsixteen, provided that the unit seeking coverage: is not located in a\ncellar and has at least one entrance that does not require passage\nthrough another residential unit to obtain access to the unit, and is at\nleast four hundred square feet in area.\n (b) The term "interim multiple dwelling" as used in this subdivision\nshall not include (i) any building in an industrial business zone\nestablished pursuant to chapter six-D of title twenty-two of the\nadministrative code of the city of New York except that a building in\nthe Williamsburg/Greenpoint or North Brooklyn industrial business zones\nother than a building within such North Brooklyn industrial business\nzone that is in a district zoned M3, as such district is described in\nthe zoning resolution of such municipality in effect at the time the\napplication for registration as an interim multiple dwelling or for\ncoverage of residential units under this article is filed) and a\nbuilding located in that portion of the Long Island city industrial\nbusiness zone that has frontage on either side of forty-seventh avenue\nor is located north of forty-seventh avenue and south of Skillman avenue\nor in that portion of the Long Island city industrial business zone that\nis located north of forty-fourth drive, south of Queens plaza north, and\nwest of twenty-third street may be included in the term "interim\nmultiple dwelling", or (ii) units in any building, other than a building\nthat is already defined as an "interim multiple dwelling" pursuant to\nsubdivision one, two, three, four or five of this section, that, at the\ntime this subdivision shall take effect and continuing until the time of\nthe submission of an application for coverage by any party, also\ncontains a use in legal operation, actively and currently pursued, which\nuse is set forth in use group eighteen, as described in the zoning\nresolution of such municipality in effect on June twenty-first, two\nthousand ten, and which the loft board has determined in rules and\nregulation is inherently incompatible with residential use in the same\nbuilding by creating an actual risk of harm which cannot be reasonably\nmitigated, provided that the loft board may by rule exempt categories of\nunits or buildings from such use incompatibility determinations\nincluding but not limited to residentially occupied units or\nsubcategories of such units, and provided, further that if a building\ndoes not contain such active uses at the time this subdivision takes\neffect, no subsequent use by the owner of the building shall eliminate\nthe protections of this section for any residential occupants in the\nbuilding already qualified for such protections. A party opposing\ncoverage pursuant to this subdivision shall bear the burden of proving\nthe exception to coverage set forth in subparagraph (ii) of this\nparagraph.\n (c) The term "interim multiple dwelling", as used in this subdivision\nshall also include buildings, structures or portions thereof that are\nlocated north of West 24th Street and south of West 27th Street and west\nof tenth avenue and east of eleventh avenue in a city of more than one\nmillion persons which were occupied for residential purposes as the\nresidence or home of any two or more families living independently from\none another for a period of twelve consecutive months during the period\ncommencing January first, two thousand fifteen, and ending December\nthirty-first, two thousand sixteen and subject to all the conditions and\nlimitations of this subdivision other than the number of units in the\nbuilding. A reduction in the number of occupied residential units in a\nbuilding after meeting the aforementioned twelve consecutive month\nrequirement shall not eliminate the protections of this section for any\nremaining residential occupants qualified for such protections.\nNon-residential space in a building as of the effective date of this\nsubdivision shall be offered for residential use only after the\nobtaining of a residential certificate of occupancy for such space and\nsuch space shall be exempt from this article, even if a portion of such\nbuilding may be an interim multiple dwelling.\n