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A06262 Summary:

COSPNSRRosenthal L, Epstein, O'Donnell, Bichotte Hermelyn, De Los Santos, Rajkumar, Gottfried, Gonzalez-Rojas, Dinowitz
Amd §301, Mult Dwell L
Authorizes any dwelling with a certificate authorizing occupancy as a Class B hotel to also authorize occupancy of such units in such dwelling for permanent residence purposes.
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A06262 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                     March 12, 2021
        Introduced  by  M.  of  A. CYMBROWITZ, L. ROSENTHAL, EPSTEIN, O'DONNELL,
          BICHOTTE HERMELYN, DE LOS SANTOS, RAJKUMAR -- read once  and  referred
          to the Committee on Housing -- recommitted to the Committee on Housing
          in  accordance  with  Assembly Rule 3, sec. 2 -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee  --  again  reported  from  said  committee with amendments,
          ordered reprinted as amended and recommitted to said committee
        AN ACT to amend the multiple dwelling law, in  relation  to  authorizing
          any  dwelling  with  a  certificate authorizing occupancy as a Class B
          hotel to also authorize occupancy of such units in such  dwelling  for
          permanent residence purposes
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 301 of the multiple  dwelling  law  is  amended  by
     2  adding a new subdivision 7 to read as follows:
     3    7.  a.  Any  certificate  by the department authorizing occupancy of a
     4  dwelling as a Class B hotel shall also authorize occupancy of  units  in
     5  such  dwelling  for  permanent  residence  purposes  notwithstanding any
     6  provision of this chapter or of any state  law,  local  law,  ordinance,
     7  resolution  or  regulation that would otherwise prohibit such occupancy,
     8  require a change or alteration to the dwelling,  or  require  a  new  or
     9  amended  certificate,  provided  that:  (1) such occupancy for permanent
    10  residence purposes shall be subject to the approval of the local housing
    11  agency in its discretion; (2)  a  portion  of  such  dwelling  shall  be
    12  located  within  a  district  that under the local zoning regulations or
    13  ordinances permits residential uses or within four hundred feet of  such
    14  a  district,  and  such  dwelling  shall not be located in an industrial
    15  business zone established pursuant to chapter six-D of title  twenty-two
    16  of the administrative code of the city of New York; (3) in the case of a
    17  property  at  which  any  hotel  workers are represented by a collective
    18  bargaining representative, prior to  the  proposed  conversion  of  such
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 6262--B                          2
     1  property  to  occupancy for permanent residence purposes, the collective
     2  bargaining representative shall be notified in writing of  the  proposed
     3  conversion,  and  the  property  owner  shall certify prior to the local
     4  housing  agency  approving such occupancy that the collective bargaining
     5  representative has mutually agreed in a separate writing with the  prop-
     6  erty owner to undertake the specific conversion described in the written
     7  notice;  and  (4) such dwelling shall meet the conditions in paragraph b
     8  of this subdivision. Alterations to the configuration of any such  units
     9  shall  be permitted and shall comply with any applicable requirements of
    10  any state law, local law, ordinance, resolution or  regulation  relating
    11  to  Class  B  hotels.  If  occupancy for permanent residence purposes is
    12  authorized under the provisions of this subdivision  within  a  district
    13  where  the  local  zoning  regulations or ordinances would not otherwise
    14  permit such use, the  residential  tenants  shall  be  notified  of  the
    15  district's zoning.
    16    b.  Occupancy of units in a dwelling shall not be authorized under the
    17  provisions of paragraph a of this subdivision unless such units are  (1)
    18  financed  by the state pursuant to and in compliance with the provisions
    19  of article thirty-one  of  the  private  housing  finance  law;  or  (2)
    20  purchased,  acquired,  or  financed  by  a local housing agency, for the
    21  purpose of creating supportive and/or affordable housing to be  operated
    22  by an appropriate nonprofit organization pursuant to a regulatory agree-
    23  ment  or  contract  with  such local agency for low-income households or
    24  people experiencing homelessness  immediately  prior  to  entering  such
    25  housing, where tenants shall earn no more than sixty percent of the area
    26  median income and all units are rent stabilized and subject to permanent
    27  affordability restrictions. For purposes of this paragraph, "appropriate
    28  nonprofit  organization",  "affordable housing", "experiencing homeless-
    29  ness", "rent stabilized",  and  "permanent  affordability  restrictions"
    30  shall  have  the  same  meaning  as defined in article thirty-one of the
    31  private housing finance law.
    32    § 2. This act shall take effect immediately.
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