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  hundredninety-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 within nine months  from the effective date of the chapter of the laws of two  thousand  ten  which  amended  this subparagraph, 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.    (vii)  An  owner who is unable to satisfy any requirement specified in  paragraph (ii), (iii), (iv),  (v),  or  (vi)  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 (xi) of this subdivision, mayapply to the loft board for an extension of time to meet the requirement  specified  in  paragraph  (ii),  (iii),  (iv),  (v),  or  (vi)  of  this  subdivision.  The  loft  board  may grant an extension of time to meet a  requirement  specified  in  paragraph (ii), (iii), (iv), (v), or (vi) of  this subdivision provided that the owner demonstrates  that  he/she  has  made good faith efforts to satisfy the requirements.    (viii)  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),  or  (vi)  of  this subdivision, such owner shall be  subject to all penalties set forth in article eight of this chapter.    (ix) 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),  or  (vi)  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.    (x) If, as a consequence of an owner's unlawful failure to comply with  the provisions of paragraph (i), (ii), (iii), (iv), (v), or (vi) 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.    (xi) 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.