§ 290 — Tenant protections in inhabited basement dwelling units and inhabited cellar dwelling units

New York § 290

• Jurisdiction: New York
• Law MDW: Multiple Dwelling
• Art. 7-D: Legalization and Conversion of Basement and Cellar Dwelling Units

Text

§ 290. Tenant protections in inhabited basement dwelling units and\ninhabited cellar dwelling units. 1. The program authorized by this\narticle shall require an application to make alterations to legalize an\ninhabited basement dwelling unit or inhabited cellar dwelling unit be\naccompanied by a certification indicating whether such unit was rented\nto a tenant on the effective date of this article, notwithstanding\nwhether the occupancy of such unit was authorized by law. A city may not\nuse such certification as the basis for an enforcement action for\nillegal occupancy of such unit, provided that nothing contained in this\narticle shall be construed to limit such city from issuing a vacate\norder for hazardous or unsafe conditions.\n 2. The local law authorized by this article shall provide that a\ntenant in occupancy at the time of the effective date of this article,\nwho is evicted or otherwise removed from such unit as a result of an\nalteration necessary to bring an inhabited basement dwelling unit or\ninhabited cellar dwelling unit into compliance with the standards\nestablished by the local law authorized by this article, shall have a\nright of first refusal to return to such unit as a tenant upon its first\nlawful occupancy as a legal dwelling unit, notwithstanding whether the\noccupancy at the time of the effective date of this article was\nauthorized by law. Such local law shall specify how to determine\npriority when multiple tenants may claim such right.\n 3. A tenant unlawfully denied a right of first refusal to return to a\nlegal dwelling unit, as provided pursuant to the local law authorized by\nthis article, shall have a cause of action in any court of competent\njurisdiction for compensatory damages or declaratory and injunctive\nrelief as the court deems necessary in the interests of justice,\nprovided that such compensatory relief shall not exceed the annual\nrental charges for such legal dwelling unit.\n