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N.Y. Multiple Dwelling Law § 282

Establishment of special loft unit

Showing this section's text as in effect on January 1, 2015 (in force January 1, 2015 – January 1, 2020). View current text →

§ 282. Establishment of special loft unit. In order to resolve\ncomplaints of owners of interim multiple dwellings and of residential\noccupants of such buildings qualified for the protection of this\narticle, and to act upon hardship applications made pursuant to this\narticle, a special loft unit referred to herein as the "loft board"\nshall be established which shall consist of from four to nine members\nrepresentative of the public, the real estate industry, loft residential\ntenants, and loft manufacturing interests, and a chairperson, all to be\nappointed by the mayor of the municipality and to serve such terms as he\nmay designate. The compensation of the members of the loft board shall\nbe fixed by the mayor. The members of the loft board shall not be\nconsidered employees of the state or the municipality, provided,\nhowever, that state or municipal employees or officers may be named to\nthe loft board. The mayor shall establish the loft board within ninety\ndays of the effective date of chapter three hundred forty-nine of the\nlaws of nineteen hundred eighty-two. The loft board shall have such\noffice and staff as shall be necessary to carry out functions conferred\nupon it and may request and receive assistance from any state or\nmunicipal agency or department. The loft board shall have the following\nduties: (a) the determination of interim multiple dwelling status and\nother issues of coverage pursuant to this article; (b) the resolution of\nall hardship appeals brought under this article; (c) the determination\nof any claim for rent adjustment under this article by an owner or\ntenant; (d) the issuance, after a public hearing, and the enforcement of\nrules and regulations governing minimum housing maintenance standards in\ninterim multiple dwellings (subject to the provisions of this chapter\nand any local building code), rent adjustments prior to legalization,\ncompliance with this article and the hearing of complaints and\napplications made to it pursuant to this article; and (e) determination\nof controversies arising over the fair market value of a residential\ntenant's fixtures or reasonable moving expenses. The violation of any\nrule or regulation promulgated by the loft board shall be punishable by\na civil penalty determined by the loft board not to exceed seventeen\nthousand five hundred dollars which may be recovered by the municipality\nby a proceeding in any court of competent jurisdiction. The loft board\nmay designate provisions of such rules and regulations for enforcement\nin proceedings before the environmental control board of such\nmunicipality. Notices of violation returnable to such environmental\ncontrol board may be issued by officers and employees of the department\nof buildings of such municipality and served in the same manner as\nviolations returnable to such board within the jurisdiction of such\ndepartment. The environmental control board, when acting as the designee\nof the loft board, shall have the power to impose civil penalties, not\nto exceed seventeen thousand five hundred dollars for each violation,\nand to issue judgments, which may be docketed and enforced as set forth\nin section one thousand forty-nine-a of the New York city charter.\n The loft board may charge and collect reasonable fees in the execution\nof its responsibilities. The loft board may administer oaths, take\naffidavits, hear testimony, and take proof under oath at public or\nprivate hearings.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.