N.Y. Multiple Dwelling Law > Article 7-C : New York City's Loft Law > Section 281
Article 7-C, N.Y. Multiple Dwelling Law Section 281 Definition of Interim Multiple Dwelling (‘IMD’)
MDL Section 281
Important: Unless renewed, this New York loft law will automatically expire, terminate, and cease to have any legal effect at the close of the calendar day on May 31, 2007
|
§ 281 Definition of “Interim Mutiple Dwelling”*
- Except as
provided in subdivision two of this section, the term "interim multiple
dwelling" means any building or structure or portion thereof located in
a city of more than one million persons which (i) at any time was
occupied for manufacturing, commercial, or warehouse purposes; and (ii)
lacks a certificate of compliance or occupancy pursuant to section three
hundred one of this chapter; and (iii) on December first, nineteen
hundred eighty-one was occupied for residential purposes since April
first, nineteen hundred eighty as the residence or home of any three or
more families living independently of one another.
- Notwithstanding the definition set forth in subdivision one of this
section, the term "interim multiple dwelling" includes only (i)
buildings, structures or portions thereof located in a geographical area
in which the local zoning resolution permits residential use as of
right, or by minor modification or administrative certification of a
local planning agency, (ii) buildings or structures which are not owned
by a municipality, (iii) buildings, structures or portions thereof
within an area designated by the local zoning resolution as a study area
for possible rezoning to permit residential use, or (iv) buildings,
structures or portions thereof which may be converted to residential use
pursuant to a special permit granted by a local planning agency. In the
case of classes of buildings specified by paragraphs (iii) and (iv) of
this subdivision and those buildings specified by paragraph (i) of this
subdivision which require a minor modification or administrative
certification, however, the provisions of subdivision one of section two
hundred eighty-four of this article regarding compliance with this
chapter shall not be applicable, but the other provisions of this
article shall be applicable. Upon rezoning of any such study area or the
granting of any such special permit, minor modification or
administrative certification to permit residential use of any such
building or portion thereof, subdivision one of section two hundred
eighty-four of this article shall be applicable, with the timing of
compliance requirements set forth in such section commencing to run upon
the effective date of such rezoning or permit approval. If such rezoning
does not permit residential use of the building or a portion thereof, or
if a special permit, minor modification or administrative certification
is denied, such building shall be exempt from this article.
- In addition to the residents of an interim multiple dwelling,
residential occupants in units first occupied after April first,
nineteen hundred eighty and prior to April first, nineteen hundred
eighty-one shall be qualified for protection pursuant to this article,
provided that the building or any portion thereof otherwise qualifies as
an interim multiple dwelling, and the tenants are eligible under the
local zoning resolution for such occupancy. A reduction in the number of
occupied residential units in a building after December first, nineteen
hundred eighty-one shall not eliminate the protections of this article
for any remaining residential occupants qualified for such protections.
Non-residential space in a building as of the effective date of the act
which added this article shall be offered for residential use only after
the obtaining of a residential certificate of occupancy for such space,
and such space shall be exempt from this article, even if a portion of
such building may be an interim multiple dwelling.
- Interim multiple dwellings shall also include buildings, structures
or portions thereof that had residential occupants on May first,
nineteen hundred eighty-seven in units occupied residentially since
December first, nineteen hundred eighty-one that were occupied for
residential purposes since April first, nineteen hundred eighty and
those units shall be qualified for protection pursuant to this article,
provided that the building or any portion thereof meets the requirements
set out in subdivision one of this section, regardless of whether the
buildings, structures or portions thereof meets the requirements set out
in paragraphs (i), (iii) and (iv) of subdivision two of this section.
______________________________
* NB Terminates at the close of the calendar day May 31, 2007
Source: N.Y. State Legislature
|
|