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A new Loft Law (or Multiple Dwelling Law) ..amendment?

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A new Loft Law (or Multiple Dwelling Law) ..amendment?

Postby Kelly » Thu Jun 18, 2009 5:59 pm

I wonder if anybody knows about the new loft law that has apparently just passed the NYS Assembly. Apparently it has to go to the Senate now, but the way things are in Albany these days, nothing is certain.

Any information or ideas as to how we can help to pass this law would be appreciated.
Thank you, Kelly
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Senate Bill S5881

Postby loftlaw » Thu Jun 18, 2009 6:39 pm

The Loft Law (Assembly Bill A05667 and Senate Bill S5881) passed the Assembly on June 17th and is now before the Senate.

The purpose of this bill is to extend provisions of the Loft Law to buildings which have been occupied residentially by two or more families for any 12 consecutive months during the period starting January 1, 2008 and ending December 31, 2009.

There is some more information on the bill (links to senate and assembly and senators) that has been collected here:
http://loftlaw.wordpress.com
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Postby TenantNet » Thu Jun 18, 2009 7:19 pm

Is this an extension of the existing law (that sunsets) or is this an expansion?

Why are they calling it the Multiple Dwelling Law? There already is the MDL which is not really the loft law.
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Postby Kelly » Thu Jun 18, 2009 7:48 pm

It seems it would be an expansion of the current Loft Law as it would establish a new window period. So it would affect many in Brooklyn and Queens especially that have as recently as last year moved into a space.

A search on the senate site yields this:
S5881 SQUADRON Same as A 5667-A Lopez V (MS)
Multiple Dwelling Law
TITLE....Includes certain buildings, structures or portions thereof occupied for residential purposes for a period of 12 consecutive months as interim multiple dwellings...

Here is a link to the Assembly site that has the full text:

http://assembly.state.ny.us/leg/?bn=A05667
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Postby TenantNet » Thu Jun 18, 2009 7:56 pm

So it's an amendment to the existing MDL (which covers a lot more than just lofts), not a "MDL law" by itself.

It also appears to be an expansion, not renewing an expiring sunset to the existing law. If so (without looking at the particulars), it appears to not be crucial that it be passed this session.
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Postby loftlaw » Thu Jun 18, 2009 9:01 pm

We think it is rather crucial to be passed as soon as possible.:

This Bill is extremely pressing as the conflicting rulings by the First and
Second Department Appellate Divisions will soon face resolution in the NYS
Court of Appeals. Were this decision to favor the Brooklyn reading of the
ETPA, about a thousand loft tenants will face immediate eviction.

Some version of this bill has been repeatedly passed by the Assembly over the last few years but has been routinely shut down in the Republican Senate. It is now in question again - and so is the fate of many loft dwellers.
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Postby loftlaw » Fri Aug 07, 2009 5:12 pm

The Bill did not make it to the floor in July or August. While that is a catastrophe for some there is still muted hope for others when the Senate convenes again in September.

We found a few articles that describe the situation:

http://nyc.indymedia.org/en/2009/07/106447.html
http://nyc.indymedia.org/en/2009/08/106754.html
(if Indymedia site is down pls use google che to access:

http://74.125.47.132/search?q=cache:cGZ ... 06447.html

http://74.125.47.132/search?q=cache:xMY ... 06754.html

http://www.nag-brooklyn.org/blog/2009/0 ... enate.html
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Postby TenantNet » Sat Aug 08, 2009 1:54 am

Indymedia is notorious for posting inaccurate and poorly researched articles on it's site, especially with much of the legislation pending in Albany. Untiul we know more, we can't vouch for these articles.
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Postby lofter1 » Sat Aug 08, 2009 7:40 pm

Is your building a "de facto multiple dwelling" (see link below for research / info)?

Your building and others in question may already be covered and the residential tenants protected under the law.

The Loft Law -- whether a new iteration or the old existing law -- is not well enforced and the onus is on the tenants to compel an owner to legalize the premises for residential use. The Loft Law is merely a tool to force the owner to do so. Y'all should be saving lots of dough to pay the lawyers needed to get the spaces legalized.

De Facto Multiple Dwelling: http://www.google.com/search?client=saf ... 8&oe=UTF-8
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