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 with the loft board; provides factors for consideration for such findings; restores certain landlord-tenant relationships severed prior to the effective date.
Summary
S09353 amends the Multiple Dwelling Law, specifically the loft law provisions governing interim multiple dwelling units and protected occupants. The bill clarifies that, for a loft unit to remain covered and for an occupant to retain protected status, the unit must be the occupant’s primary residence after an application for protected occupancy, a court proceeding, or registration with the Loft Board. It also codifies that rent obligations continue under the lease or, if there is no lease, at the most recently accepted rent, with Loft Board guidelines to govern future adjustments where no rental agreement exists.
The bill further adds a new rule for determining whether a unit qualifies for coverage, whether an occupant is protected, and whether the unit is the occupant’s primary residence. It states that no single factor is controlling, including tax-return statements, and allows consideration of other government records such as driver’s licenses, motor vehicle registrations, and tax filings. It also provides that prior waivers of these rights have no force or effect, and it applies immediately to pending cases and appeals.
Impact
This bill would amend section 286 of the Multiple Dwelling Law and affect how the Loft Board and courts evaluate primary residence and protected occupancy in interim multiple dwelling units. It would codify a multi-factor approach to residency determinations, limit reliance on tax returns as dispositive evidence, and preserve continued occupancy rights for qualifying loft tenants. It also has retroactive procedural effect by applying to pending actions and appeals, which could influence ongoing landlord-tenant disputes and Loft Board proceedings.
Sentiment
The bill appears generally supportive of loft tenants and consistent with Loft Board practice, based on the legislative findings that the bill is intended to correct a court decision the sponsor views as a misinterpretation of existing law. The stated purpose is to reaffirm tenant protections and clarify standards rather than create a new regulatory scheme. No committee transcript or vote record is provided, so the available context suggests a one-sided policy rationale in favor of tenant protection, with no recorded formal opposition in the materials supplied.
Contention
The main point of contention is the effect of the 2022 Appellate Division decision in One Double Nine Dashing LLC v. New York City Loft Board, which the bill says misread the relationship between primary residence and continued occupancy. The bill rejects treating tax-return statements as controlling evidence, which may be disputed by landlords seeking a clearer, more objective standard for residency. Another likely area of dispute is the bill’s retroactive application to pending cases and appeals, as well as its provision invalidating prior waivers, both of which could affect existing landlord-tenant litigation and settled expectations.
Same As
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 with the loft board; provides factors for consideration for such findings; restores certain landlord-tenant relationships severed prior to the effective date.
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 with the loft board; provides factors for consideration for such findings; restores certain landlord-tenant relationships severed prior to the effective date.
Requires utility companies or municipalities act with due diligence in providing notice to tenants of multiple dwellings about gas, electric or steam services being shut off; provides a cause of action for tenants who were not provided proper notice; provides protections for landlords of multiple dwellings with regard to deferred payment agreements; requires a utility or municipality provide employees who serve as a point of contact for each multiple dwelling they provide services for.
Prohibits the issuance of a permit for the construction of a new multiple dwelling unless the multiple dwelling contains the minimum number of dwelling units required for the lot; defines minimum number of units required.
Enacts the "fair addition in rental (F.A.I.R) leases act"; authorizes a tenant to add dwelling occupants to residential dwelling or housing accommodation leases upon request of the lease holder; if such occupant is at least 18 years old; and such occupant provides proof of currently residing in such dwelling; prohibits a landlord from increasing the rent or imposing a fee for the purpose of adding occupants to the lease.
Creates shared housing rooming units in new class A multiple dwellings or buildings converted to class A multiple dwellings; creates new regulations in the New York city building codes.
Enacts the residential structure fire prevention act; provides a tax credit to homeowners who remove cock loft fire hazards in their homes; provides an insurance discount for the installation of smoke detecting alarm devices in cock lofts; provides that the repair of cock lofts for the purpose of fire prevention and safety shall be qualifying expenditures under state housing programs.
Establishes a real property tax exemption for certain property owners who reside full-time on such property in certain counties; requires that such owners occupy such property as their primary residence and are enrolled in or eligible for the STAR exemption or credit or that such owners rent to a tenant for a term of at least twelve months and such tenant occupies such property as their primary residence.
Requires non-preferential opportunity for use of amenities in certain buildings and apartments; requires that rental tenants must be provided with the opportunity to use amenities commonly accessible to other tenants of the multiple dwelling and not unique to an individual unit.