N.Y. Multiple Dwelling Law § 284: Owner obligations

§ 284. Owner obligations. 1. (i) The owner of an interim multiple

dwelling (A) shall file an alteration application within nine months

from the effective date of chapter three hundred forty-nine of the laws

of nineteen hundred eighty-two, and (B) shall take all reasonable and

necessary action to obtain an approved alteration permit within twelve

months from such effective date, and (C) shall achieve compliance with

the standards of safety and fire protection set forth in article seven-B

of this chapter for the residential portions of the building within

eighteen months from obtaining such alteration permit or eighteen months

from such effective date, whichever is later, and (D) shall take all

reasonable and necessary action to obtain a certificate of occupancy as

a class A multiple dwelling for the residential portions of the building

or structure within thirty-six months from such effective date. The loft

board may, upon good cause shown, and upon proof of compliance with the

standards of safety and fire protection set forth in article seven-B of

this chapter, twice extend the time of compliance with the requirement

to obtain a residential certificate of occupancy for periods not to

exceed twelve months each.

(ii) An owner of an interim multiple dwelling who has not complied

with the requirements of paragraph (i) of this subdivision by the

effective date of chapter two hundred twenty-seven of the laws of

nineteen hundred ninety-two shall hereafter be deemed in compliance with

this subdivision provided that such owner files an alteration

application by October first, nineteen hundred ninety-two, takes all

reasonable and necessary action to obtain an approved alteration permit

by October first, nineteen hundred ninety-three, achieves compliance

with the standards of safety and fire protection set forth in article

seven-B of this chapter for the residential portions of the building by

April first, nineteen hundred ninety-five, or within eighteen months

from obtaining an approved alteration permit, whichever is later, and

takes all reasonable and necessary action to obtain a certificate of

occupancy as a class A multiple dwelling for the residential portions of

the building or structure by October first, nineteen hundred ninety-five

or within six months from achieving compliance with the aforementioned

standards for the residential portions of the building, whichever is

later.

(iii) An owner of an interim multiple dwelling who has not complied

with the requirements of paragraph (i) or (ii) of this subdivision by

the effective date of chapter three hundred nine of the laws of nineteen

hundred ninety-six shall hereafter be deemed in compliance with this

subdivision provided that such owner files an alteration application by

October first, nineteen hundred ninety-six, takes all reasonable and

necessary action to obtain an approved alteration permit by October

first, nineteen hundred ninety-seven, achieves compliance with the

standards of safety and fire protection set forth in article seven-B of

this chapter for the residential portions of the building by April

first, nineteen hundred ninety-nine or within eighteen months from

obtaining an approved alteration permit whichever is later, and takes

all reasonable and necessary action to obtain a certificate of occupancy

as a class A multiple dwelling for the residential portions of the

building or structure by June thirtieth, nineteen hundred ninety-nine or

within three months from achieving compliance with the aforementioned

standards for the residential portions of the building, whichever is

later.

(iv) An owner of an interim multiple dwelling who has not complied

with the requirements of paragraph (i), (ii) or (iii) of this

subdivision by the effective date of this paragraph as provided in

chapter four hundred fourteen of the laws of nineteen hundred

ninety-nine which added this paragraph shall hereafter be deemed in

compliance with this subdivision provided that such owner files an

alteration application by September first, nineteen hundred ninety-nine,

takes all reasonable and necessary action to obtain an approved

alteration permit by March first, two thousand, achieves compliance with

the standards of safety and fire protection set forth in article seven-B

of this chapter for the residential portions of the building by May

first, two thousand two or within twelve months from obtaining an

approved alteration permit whichever is later, and takes all reasonable

and necessary action to obtain a certificate of occupancy as a class A

multiple dwelling for the residential portions of the building or

structure by May thirty-first, two thousand two or within one month from

achieving compliance with the aforementioned standards for the

residential portions of the building, whichever is later.

(v) An owner of an interim multiple dwelling who has not complied with

the requirements of paragraph (i), (ii), (iii) or (iv) of this

subdivision by the effective date of this paragraph as provided in

chapter eighty-five of the laws of two thousand two shall hereafter be

deemed in compliance with this subdivision provided that such owner

filed an alteration application by September first, nineteen hundred

ninety-nine, took all reasonable and necessary action to obtain an

approved alteration permit by March first, two thousand, achieves

compliance with the standards of safety and fire protection set forth in

article seven-B of this chapter for the residential portions of the

building by June first, two thousand twelve or within twelve months from

obtaining an approved alteration permit whichever is later, and takes

all reasonable and necessary action to obtain a certificate of occupancy

as a class A multiple dwelling for the residential portions of the

building or structure by July second, two thousand twelve or within one

month from achieving compliance with the aforementioned standards for

the residential portions of the building, whichever is later.

(vi) Notwithstanding the provisions of paragraphs (i) through (v) of

this subdivision the owner of an interim multiple dwelling made subject

to this article by subdivision five of section two hundred eighty-one of

this article (A) shall file an alteration application on or before March

twenty-first, two thousand eleven, or, for units that became subject to

this article pursuant to chapter four of the laws of two thousand

thirteen on or before June eleventh, two thousand fourteen, or, for

units that became subject to this article pursuant to the chapter of the

laws of two thousand nineteen that amended this paragraph within nine

months from such effective date, or for units in an interim multiple

dwelling that were listed on an application for coverage or registration

filed with the loft board pursuant to this article or in a court

pleading after March eleventh, two thousand fourteen, within nine months

of either the date of the initial application for coverage or the date

of the loft board's issuance of an interim multiple dwelling number or

the date of the service of the pleading, whichever is earlier, and (B)

shall take all reasonable and necessary action to obtain an approved

alteration permit on or before June twenty-first, two thousand eleven,

or, for units that became subject to this article pursuant to chapter

four of the laws of two thousand thirteen on or before September

eleventh, two thousand fourteen, or, for units that became subject to

this article pursuant to the chapter of the laws of two thousand

nineteen that amended this paragraph within twelve months from such

effective date, or for units in an interim multiple dwelling that were

listed on an application for coverage or registration filed with the

loft board pursuant to this article or in a court pleading after March

eleventh, two thousand fourteen, within twelve months of either the date

of the initial application for coverage or the date of the loft board's

issuance of an interim multiple dwelling number or the date of the

service of the pleading, whichever is earlier, and (C) shall achieve

compliance with the standards of safety and fire protection set forth in

article seven-B of this chapter for the residential portions of the

building within eighteen months from obtaining such alteration permit,

and (D) shall take all reasonable and necessary action to obtain a

certificate of occupancy as a class A multiple dwelling for the

residential portions of the building or structure on or before December

twenty-first, two thousand twelve, or for units that became subject to

this article pursuant to chapter four of the laws of two thousand

thirteen on or before March eleventh, two thousand sixteen, or, for

units that became subject to this article pursuant to the chapter of the

laws of two thousand nineteen that amended this paragraph within

thirty-six months from such effective date, or for units in an interim

multiple dwelling that were listed on an application for coverage or

registration filed with the loft board pursuant to this article or in a

court pleading after March eleventh, two thousand sixteen, within thirty

months of either the date of the initial application for coverage or the

date of the loft board's issuance of an interim multiple dwelling number

or the date of the service of the pleading, whichever is earlier. The

loft board may, upon good cause shown, and upon proof of compliance with

the standards of safety and fire protection set forth in article seven-B

of this chapter, twice extend the time of compliance with the

requirement to obtain a residential certificate of occupancy for periods

not to exceed twelve months each.

(vii) Notwithstanding the provisions of paragraphs (i) through (vi) of

this subdivision the owner of an interim multiple dwelling made subject

to this article by subdivision six of section two hundred eighty-one of

this article (A) shall file an alteration application within nine months

from the effective date of the chapter of the laws of two thousand

nineteen that amended this paragraph, and (B) shall take all reasonable

and necessary action to obtain an approved alteration permit within

twelve months from such effective date, and (C) shall achieve compliance

with the standards of safety and fire protection set forth in article

seven-B of this chapter for the residential portions of the building

within eighteen months from obtaining such alteration permit or eighteen

months from such effective date, whichever is later, and (D) shall take

all reasonable and necessary action to obtain a certificate of occupancy

as a class A multiple dwelling for the residential portions of the

building or structure within thirty-six months from such effective date.

The loft board may, upon good cause shown, and upon proof of compliance

with the standards of safety and fire protection set forth in article

seven-B of this chapter, twice extend the time of compliance with the

requirement to obtain a residential certificate of occupancy for periods

not to exceed twelve months each.

(viii) An owner who is unable to satisfy any requirement specified in

paragraph (ii), (iii), (iv), (v), (vi), or (vii) of this subdivision for

reasons beyond his/her control, including, but not limited to, a

requirement to obtain a certificate of appropriateness for modification

of a landmarked building, a need to obtain a variance from a board of

standards and appeals, or the denial of reasonable access to a

residential unit as required by paragraph (xii) of this subdivision, may

apply to the loft board for an extension of time to meet the requirement

specified in paragraph (ii), (iii), (iv), (v), (vi), or (vii) of this

subdivision. The loft board may grant an extension of time to meet a

requirement specified in paragraph (ii), (iii), (iv), (v), (vi), or

(vii) of this subdivision provided that the owner demonstrates that

he/she has made good faith efforts to satisfy the requirements.

(ix) If there is a finding by the loft board that an owner has failed

to satisfy any requirement specified in paragraph (i), (ii), (iii),

(iv), (v), (vi), or (vii) of this subdivision, such owner shall be

subject to all penalties set forth in article eight of this chapter.

(x) In addition to the penalties provided in article eight of this

chapter, if there is a finding by the loft board that an owner has

failed to satisfy any requirement specified in paragraph (i), (ii),

(iii), (iv), (v), (vi), or (vii) of this subdivision, a court may order

specific performance to enforce the provisions of this article upon the

application of three occupants of separate residential units, qualified

for the protection of this article, or upon the application of the

municipality.

(xi) If, as a consequence of an owner's unlawful failure to comply

with the provisions of paragraph (i), (ii), (iii), (iv), (v), (vi), or

(vii) of this subdivision, any residential occupant qualified for

protection pursuant to this article is required to vacate his or her

unit as a result of a municipal vacate order, such occupant may recover

from the owner the fair market value of any improvements made by such

tenant and reasonable moving costs. Any vacate order issued as to such

unit by a local government shall be deemed an order to the owner to

correct the non-compliant conditions, subject to the provisions of this

article. Furthermore, when such correction has been made, such occupant

shall have the right to re-occupy his or her unit and shall be entitled

to all applicable tenant protections of this article.

(xii) The occupants of a building shall, upon appropriate notice

regarding the timing and scope of the work required, afford the owner

reasonable access to their units so that the work necessary for

compliance with this article can be carried out. Access shall also be

afforded, upon reasonable prior notice, for the purpose of inspecting

and surveying units as may be required to comply with the provisions of

this article and article seven-B of this chapter. Failure to comply with

an order of the loft board regarding access shall be grounds for

eviction of a tenant.

2. Every owner of an interim multiple dwelling, every lessee of a

whole building part of which is an interim multiple dwelling, and every

agent or other person having control of such a dwelling, shall, within

sixty days of the effective date of the act which added this article,

file with the loft board or any other authority designated by the mayor

a notice in conformity with all provisions of section three hundred

twenty-five of this chapter and with rules and regulations to be

promulgated by the loft board.