N.Y. Multiple Dwelling Law § 282: Establishment of special loft unit

§ 282. Establishment of special loft unit. 1. In order to resolve

complaints of owners of interim multiple dwellings and of residential

occupants of such buildings qualified for the protection of this

article, and to act upon hardship applications made pursuant to this

article, a special loft unit referred to herein as the "loft board"

shall be established which shall consist of from four to nine members

representative of the public, the real estate industry, loft residential

tenants, and loft manufacturing interests, and a chairperson, all to be

appointed by the mayor of the municipality and to serve such terms as he

may designate. The compensation of the members of the loft board shall

be fixed by the mayor. The members of the loft board shall not be

considered employees of the state or the municipality, provided,

however, that state or municipal employees or officers may be named to

the loft board. The mayor shall establish the loft board within ninety

days of the effective date of chapter three hundred forty-nine of the

laws of nineteen hundred eighty-two. The loft board shall have such

office and staff as shall be necessary to carry out functions conferred

upon it and may request and receive assistance from any state or

municipal agency or department. The loft board shall have the following

duties: (i) the determination of interim multiple dwelling status and

other issues of coverage pursuant to this article; (ii) the resolution

of all hardship appeals brought under this article; (iii) the

determination of any claim for rent adjustment under this article by an

owner or tenant; (iv) the issuance, after a public hearing, and the

enforcement of rules and regulations governing minimum housing

maintenance standards in interim multiple dwellings (subject to the

provisions of this chapter and any local building code), rent

adjustments prior to legalization, compliance with this article and the

hearing of complaints and applications made to it pursuant to this

article; and (v) determination of controversies arising over the fair

market value of a residential tenant's fixtures or reasonable moving

expenses.

2. The violation of any rule or regulation promulgated by the loft

board shall be punishable by a civil penalty determined by the loft

board not to exceed twenty-five thousand dollars which may be recovered

by the municipality by a proceeding in any court of competent

jurisdiction. The corporation counsel may bring and maintain a civil

proceeding in the name of the city in the supreme court of the county in

which the building, erection or place is located to enjoin violations of

this article. The loft board may designate provisions of such rules and

regulations for enforcement in proceedings before the environmental

control board of such municipality. Notices of violation returnable to

such environmental control board may be issued by officers and employees

of the department of buildings of such municipality and served in the

same manner as violations returnable to such board within the

jurisdiction of such department. The environmental control board, when

acting as the designee of the loft board, shall have the power to impose

civil penalties, not to exceed twenty-five thousand dollars for each

violation, and to issue judgments, which may be docketed and enforced as

set forth in section one thousand forty-nine-a of the New York city

charter.

3. The loft board may charge and collect reasonable fees in the

execution of its responsibilities. The loft board may administer oaths,

take affidavits, hear testimony, and take proof under oath at public or

private hearings.