N.Y. Multiple Dwelling Law § 281: Definition of "interim multiple dwelling"

§ 281. Definition of "interim multiple dwelling". 1. 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.

2. 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.

3. 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.

4. 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.

5. (a) Notwithstanding the provisions of paragraphs (i), (iii) and

(iv) of subdivision two of this section, but subject to paragraphs (i)

and (ii) of subdivision one of this section and paragraph (ii) of

subdivision two of this section, the term "interim multiple dwelling"

shall include buildings, structures or portions thereof that are located

in a city of more than one million persons which were occupied for

residential purposes as the residence or home of any three or more

families living independently from one another for a period of twelve

consecutive months during the period commencing January first, two

thousand eight, and ending December thirty-first, two thousand nine,

provided that the unit seeking coverage: is not located in a cellar and

has at least one entrance that does not require passage through another

residential unit to obtain access to the unit, and is at least four

hundred square feet in area.

(b) The term "interim multiple dwelling" as used in this subdivision

shall not include (i) any building in an industrial business zone

established pursuant to chapter six-D of title twenty-two of the

administrative code of the city of New York except that a building in

the Williamsburg/Greenpoint or North Brooklyn industrial business zones

(other than a building within such North Brooklyn business zone that is

in a district zoned M3, as such district is described in the zoning

resolution of such municipality in effect at the time the application

for registration as an interim multiple dwelling or for coverage of

residential units under this article is filed) and a building located in

that portion of the Long Island city industrial business zone that has

frontage on either side of forty-seventh avenue or is located north of

forty-seventh avenue and south of Skillman avenue or in that portion of

the Long Island city industrial business zone that is located north of

forty-fourth drive, south of Queens plaza north, and west of

twenty-third street may be included in the term "interim multiple

dwelling," or (ii) units in any building, other than a building that is

already defined as an "interim multiple dwelling" pursuant to

subdivision one, two, three or four of this section, that, at the time

this subdivision shall take effect and continuing until the time of the

submission of an application for coverage by any party, also contains a

use in legal operation, actively and currently pursued, which use is set

forth in use group eighteen, as described in the zoning resolution of

such municipality in effect on June twenty-first, two thousand ten, and

which the loft board has determined in rules and regulation is

inherently incompatible with residential use in the same building by

creating an actual risk of harm which cannot be reasonably mitigated,

provided that the loft board may by rule exempt categories of units or

buildings from such use incompatibility determinations including but not

limited to residentially occupied units or subcategories of such units,

and provided, further that if a building does not contain such active

uses at the time this subdivision takes effect, no subsequent use by the

owner of the building shall eliminate the protections of this section

for any residential occupants in the building already qualified for such

protections. A party opposing coverage pursuant to this subdivision

shall bear the burden of proving the exception to coverage set forth in

subparagraph (ii) of this paragraph.

(c) The term "interim multiple dwelling," as used in this subdivision

shall also include buildings, structures or portions thereof that are

located north of West 24th Street and south of West 27th Street and west

of tenth avenue and east of eleventh avenue in a city of more than one

million persons which were occupied for residential purposes as the

residence or home of any two or more families living independently from

one another for a period of twelve consecutive months during the period

commencing January first, two thousand eight, and ending December

thirty-first, two thousand nine and subject to all the conditions and

limitations of this subdivision other than the number of units in the

building. A reduction in the number of occupied residential units in a

building after meeting the aforementioned twelve consecutive month

requirement shall not eliminate the protections of this section for any

remaining residential occupants qualified for such protections.

Non-residential space in a building as of the effective date of this

subdivision 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.

6. (a) Notwithstanding the provisions of paragraphs (i), (iii) and

(iv) of subdivision two of this section, but subject to paragraphs (i)

and (ii) of subdivision one of this section and paragraph (ii) of

subdivision two of this section, the term "interim multiple dwelling"

shall include buildings, structures or portions thereof that are located

in a city of more than one million persons which were occupied for

residential purposes as the residence or home of any three or more

families living independently from one another for a period of twelve

consecutive months during the period commencing January first, two

thousand fifteen, and ending December thirty-first, two thousand

sixteen, provided that the unit seeking coverage: is not located in a

cellar and has at least one entrance that does not require passage

through another residential unit to obtain access to the unit, and is at

least four hundred square feet in area.

(b) The term "interim multiple dwelling" as used in this subdivision

shall not include (i) any building in an industrial business zone

established pursuant to chapter six-D of title twenty-two of the

administrative code of the city of New York except that a building in

the Williamsburg/Greenpoint or North Brooklyn industrial business zones

other than a building within such North Brooklyn industrial business

zone that is in a district zoned M3, as such district is described in

the zoning resolution of such municipality in effect at the time the

application for registration as an interim multiple dwelling or for

coverage of residential units under this article is filed) and a

building located in that portion of the Long Island city industrial

business zone that has frontage on either side of forty-seventh avenue

or is located north of forty-seventh avenue and south of Skillman avenue

or in that portion of the Long Island city industrial business zone that

is located north of forty-fourth drive, south of Queens plaza north, and

west of twenty-third street may be included in the term "interim

multiple dwelling", or (ii) units in any building, other than a building

that is already defined as an "interim multiple dwelling" pursuant to

subdivision one, two, three, four or five of this section, that, at the

time this subdivision shall take effect and continuing until the time of

the submission of an application for coverage by any party, also

contains a use in legal operation, actively and currently pursued, which

use is set forth in use group eighteen, as described in the zoning

resolution of such municipality in effect on June twenty-first, two

thousand ten, and which the loft board has determined in rules and

regulation is inherently incompatible with residential use in the same

building by creating an actual risk of harm which cannot be reasonably

mitigated, provided that the loft board may by rule exempt categories of

units or buildings from such use incompatibility determinations

including but not limited to residentially occupied units or

subcategories of such units, and provided, further that if a building

does not contain such active uses at the time this subdivision takes

effect, no subsequent use by the owner of the building shall eliminate

the protections of this section for any residential occupants in the

building already qualified for such protections. A party opposing

coverage pursuant to this subdivision shall bear the burden of proving

the exception to coverage set forth in subparagraph (ii) of this

paragraph.

(c) The term "interim multiple dwelling", as used in this subdivision

shall also include buildings, structures or portions thereof that are

located north of West 24th Street and south of West 27th Street and west

of tenth avenue and east of eleventh avenue in a city of more than one

million persons which were occupied for residential purposes as the

residence or home of any two or more families living independently from

one another for a period of twelve consecutive months during the period

commencing January first, two thousand fifteen, and ending December

thirty-first, two thousand sixteen and subject to all the conditions and

limitations of this subdivision other than the number of units in the

building. A reduction in the number of occupied residential units in a

building after meeting the aforementioned twelve consecutive month

requirement shall not eliminate the protections of this section for any

remaining residential occupants qualified for such protections.

Non-residential space in a building as of the effective date of this

subdivision 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.