Governor Signed Loft Law, But It Is Being Amended

At about 11:30 pm on Monday June 21, 2010, the Governor signed the Loft Law, creating a new window period: twelve consecutive months from January 1, 2008 to December 31, 2009.

Mayor Bloomberg, however, urged the Governor to veto the Loft Law, unless it excluded buildings located in New York City's 16 industrial business zones. The powers-that-be arrived at a compromise which excludes buildings in 13 industrial business zones from Loft Law coverage, but includes buildings in the following 3 industrial business zones: Maspeth, Greenpoint-Williamsburg and North Brooklyn.

The current version of the bill (A11524) was reported out of the housing committee and referred to the codes committee today. It provides that a building cannot be considered an "interim multiple dwelling" (IMD) unless it was occupied by at least three or more families living independently from one another during the window period. In addition, the following units would be excluded from coverage:

• units located in a basement or cellar,
• units without an entrance that requires one to pass through another unit,
• units that do not have at least one window opening onto a street or lawful yard or court,
• units that are less than 550 square feet,
• units in buildings which contain a use "actively and currently pursued" in use groups 15 through 18 of the zoning resolution AND which, according to Loft Board rule or regulation, is "inherently incompatible with residential use in the same building."

The proposal to exclude such units indicates, to this blogger, that someone in Albany is actually aware of some of the difficult legalization problems which the Loft Board has faced over the past 28 years.

Additional amendments will be made to the Loft Law this week.

Guess What's On The Governor's Desk

The Loft Law will be renewed as soon as the Governor signs the bill which landed on his desk yesterday.

The proposed renewal statute (Assembly Bill A05667, Senate Bill S5881) would broaden the definition of an interim multiple dwelling (IMD) in a way that would include many additional commercial, manufacturing and warehouse buildings. Currently, the Loft Law provides that such a building must be residentially occupied by three or more separate individuals or families (in three or more separate units) during the "window period" of April 1, 1980 to December 1, 1981. The new law would provide that such a building must be residentially occupied by two or more individuals or families (in two or more separate units) for 12 consecutive months during the window period of January 1, 2008 to December 31, 2009.

The proposed law would cover the new generation of loft tenants currently living in neighborhoods such as Williamsburg, Greenpoint and Long Island City.

The proposed law also grants an extension of time to owners of buildings currently under the Loft Board's jurisdiction (about 300 buildings). These owners must comply with Multiple Dwelling Law Article 7-B on or before May 1, 2012 (extended from May 1, 2010) and obtain a residential Certificate of Occupancy by May 31, 2012 (extended from May 31, 2010).