(a) Definitions.
Landlord. As used in these rules, the term "landlord" shall mean the owner of an interim multiple dwelling ("IMD"), the lessee of a whole building, part of which contains IMD units, or the agent, executor, assignee of rents, receiver, trustee, or other person having direct or indirect control of such a dwelling.
Residential Occupant. As used in these rules, the term "residential occupant" shall mean an occupant of an IMD unit eligible for protection under Article 7-C of the New York State Multiple Dwelling Law ("MDL.")
Agent. As used in § 284(2) of the MDL and these rules, the term "agent" or "managing agent" shall mean the person in control of and responsible for the maintenance and operation of the IMD building, which person shall be an individual, 21 years of age or older, and shall reside within New York City or customarily and regularly attend a business office located in New York City.
(b) Procedure for filing a registration Application. The following instructions constitute the procedures for registration of Buildings, structures or portions thereof, pursuant to MDL § 284(2). Applications for registration must be certified by the Landlord in a form prescribed by the Loft Board.
(1) Print all information in completing the registration Application form and return it and the required documents listed in 29 RCNY § 2-05(b)(8) to: "IMD REGISTRATION" at the Loft Board's office, together with a check covering the registration and code-compliance monitoring fees, in accordance with paragraph (3) below. The Landlord must serve a copy of the initial registration Application form on all Occupants of the Building including residential, commercial and manufacturing Occupants and Prime Lessees, if different. Service must be made by regular mail delivered to each Occupant at the Occupant's unit, or at a different address in accordance with the terms for delivery of the notice in the Occupant's lease. The registration Application form must specify which Residential Units are being registered as IMD units and include the unit designations and location in the Building. Certification of such service to the Occupants and Prime Lessees must be attached to the registration Application form filed with the Loft Board.
(2) The information requested on the registration Application form is required pursuant to MDL §§ 284(2) and 325, and these rules. Additional information may be required pursuant to rules promulgated by the Loft Board.
(3) Pursuant to MDL § 282, the Loft Board may charge and collect reasonable fees. Registration and code compliance monitoring fees shall be payable to the Loft Board in accordance with 29 RCNY § 2-11.
(4) Completion and submission of a registration Application form does not constitute a waiver of the applicant's right to contest before the Loft Board the coverage of the premises described therein as an IMD Building under Art. 7-C of the MDL, nor shall the act of filing the registration Application form constitute evidence before the Loft Board that the Building described therein is an IMD Building. Notwithstanding the foregoing, the failure of an Owner, a Occupant or Prime Lessee to contest the registration Application within forty-five (45) days after service of the registration Application or forty-five (45) days after the filing date with the Loft Board, whichever is later, shall constitute a "waiver" to contest coverage of the units registered, and shall preclude the Landlord from contesting such coverage status. If the Loft Board or its staff subsequently discovers that a Building, structure or portion thereof registered as an IMD does not qualify as an IMD subject to coverage under Art. 7-C, in whole or in part, then the Executive Director may revoke such IMD status for the individual unit, or the Building in its entirety, as applicable, effective upon notice to the Owner, the Occupants and the Prime Lessees, listed on the registration Application form. Any and all Applications by a Landlord, Occupant or the Prime Lessee to challenge the denial of a registration Application form or the revocation of IMD status of a Building or a unit by the Executive Director shall be governed by the terms and provisions of 29 RCNY § 1-33.
(5) Procedure to contest a registration Application. Any and all Applications filed by a Landlord, Occupant(s) or Prime Lessee, if applicable, to contest coverage of a Building or individual unit under Art. 7-C must be received by the Loft Board within forty-five (45) days after service of the registration Application form on the Occupants and Prime Lessee(s) or within forty-five (45) days after filing of the registration Application form with the Loft Board, whichever is later. Such Applications must set forth the extent of coverage being contested, including the facts and rationale upon which coverage is being contested. A copy of the Application must be served on all residential, commercial and manufacturing Occupants of the Building and the Prime Lessee(s) in the manner described in 29 RCNY § 1-21 for service of Loft Board Applications, and the Application filed with the Loft Board must include a certification that such service has been made.
(6) Any Occupant in the Building may apply for coverage under Art. 7-C. Such Applications must be filed in accordance with the procedures set forth in 29 RCNY § 1-21, and shall be subject to the terms and provisions of the MDL and these rules.
(7) An IMD registration number issued by the Loft Board will be effective until such time as determined by the Loft Board or its staff.
(8) Required documents for a registration Application. A registration must be completed in its entirety. Legible copies of the following must be attached:
(i) the current lease for each Residential Unit claimed to be covered under Art. 7-C, or, where there is no current lease, the most recent lease agreement, including all executed riders, amendments, modifications and extensions;
(ii) the lease in effect during the qualifying window period set forth in MDL § 281 for each Residential Unit claimed to be covered under Art. 7-C, and if no lease existed during the window period, an Owner or Responsible Party must file proof of residential occupancy during the window period with the registration Application;
(iii) for registration Applications filed pursuant to MDL § 281(5), the lease in effect on June 21, 2010, if different, and if no lease existed on June 21, 2010, the Owner or Responsible Party must attach a signed statement outlining the rental agreement in effect on June 21, 2010 - including party names, monthly rent, a description of the premises, use of the premises, and the services provided by the Owner, Landlord, or Responsible Party, or for registration Applications filed pursuant to MDL § 281(6), the lease in effect on June 25, 2019, if different, and if no lease existed on June 25, 2019, the Owner or Responsible Party must attach a signed statement outlining the rental agreement in effect on June 25, 2019 - including party names, monthly rent, a description of the premises, use of the premises, and the services provided by the Landlord; and
(iv) any lease for a unit engaged in commercial, manufacturing, or industrial activity in the Building on June 21, 2010, for registration Applications filed pursuant to MDL § 281(5) or June 25, 2019, for registration Applications filed pursuant to MDL § 281(6). If no lease existed for the commercial, manufacturing, or industrial unit on June 21, 2010, for registration Applications filed pursuant to MDL § 281(5) or June 25, 2019, for registration Applications filed pursuant to MDL § 281(6), the Owner, Landlord or Responsible Party must attach a signed statement outlining the rental agreement in effect on June 21, 2010, for registration Applications filed pursuant to MDL § 281(5) or June 25, 2019, for registration Applications filed pursuant to MDL § 281(6). For cooperatives, legible copies of the proprietary leases for all units, including the units engaged in commercial, manufacturing, or industrial activity, must be attached. If any units were rented on June 21, 1982 for units seeking coverage pursuant to MDL § 281(1), or July 27, 1987 for units seeking coverage pursuant to MDL § 281(4), or June 21, 2010, for units seeking coverage pursuant to MDL § 281(5), or June 25, 2019, for units seeking coverage pursuant to MDL § 281(6), copies of those leases and subleases or rental agreements must be attached. For condominiums, legible copies of all leases for units that were rented on June 21, 1982 for units seeking coverage pursuant to MDL § 281(1), or July 27, 1987 for units seeking coverage pursuant to MDL § 281(4) or June 21, 2010, for units seeking coverage pursuant to MDL § 281(5), or June 25, 2019, for units seeking coverage pursuant to MDL § 281(6), must be attached.
(v) Except for any unit eligible for coverage pursuant to MDL § 281(5) or 281(6) that is located in a Building registered as an IMD under MDL § 281(1) or (4), the Owner, Landlord or Responsible Party registering under MDL § 281(5) or 281(6) must, if there are any commercial, manufacturing, or industrial uses in the non-residential units in the Building as of June 21, 2010, for Buildings in which coverage is claimed under MDL § 281(5) or June 25, 2019, for Buildings in which coverage is claimed under MDL § 281(6) submit, along with its registration Application, a certification to the Loft Board, signed by a New York State licensed engineer or registered architect, that such commercial, manufacturing or industrial use is not an inherently incompatible use under subdivision (k). The certification must include whether the use:
(A) is in Use Group 18, as defined in the Zoning Resolution of the City of New York on June 21, 2010, and
(B) is in legal operation, and
(C) creates an actual risk of harm that cannot be reasonably mitigated, and
(D) is continuing at the time of the submission of an Application for coverage by any party.
(vi) A registration Application will not be accepted, and an IMD registration number will not be issued, unless all questions set forth on the registration Application are answered in full, and all required leases or signed statements are attached. If a particular question or piece of information is inapplicable, the applicant must enter "Not Applicable," or if the information is unavailable, enter "Not Available", and attach a signed statement explaining the reasons such information is inapplicable or unavailable. The content of a registration Application will be reviewed before issuance of an IMD registration number. In the space provided on the registration Application, an applicant must specify which units it seeks to register with the Loft Board for coverage under Art. 7-C. The applicant must enter the number of Residential Units occupied for residential purposes by Families Living Independently from one another, the periods of such residential occupancy, and indicate the units' location in the Building.
(9) The acceptance of the registration Application in no way legalizes the residential occupancy. If the registration Application is accepted by the Loft Board staff, a copy of the form with the assigned IMD registration number will be returned to the applicant. The IMD registration number must be included on all future correspondence with the Loft Board regarding the Building. The Loft Board reserves the right to reject, revoke or amend an IMD registration number for a Building. The Loft Board also reserves the right to revoke, at any time, the Art. 7-C coverage for a unit in a Building issued an IMD registration number.
(10) For each Building potentially subject to Art. 7-C, the Owner, the lessee of the whole Building, if applicable, and the Agent must each sign the registration Application thereby certifying to the truth, accuracy and completeness of the information contained therein. If the Building is known by more than one address, the applicant must list each address on the Application.
If the Owner, Landlord, or Responsible Party is a corporation, other than a corporation listed as exempt from the provisions of MDL § 325, the names, business, and residence addresses and phone numbers of each of its officers must be listed on the form.
Other officers, including treasurer or chief fiscal officer, and stockholders who own or control at least ten (10) percent of the corporation's stock, must be listed on a separate attachment.
If the Owner, Landlord or Responsible Party is other than an individual or a corporation, the names, business and residential addresses and phone numbers for each member, general partner or participant in a partnership, joint venture or limited liability company must be listed on a separate attachment.
At least one (1) of the phone numbers filed with the registration Application must be a confidential telephone number where a Responsible Party can reasonably be expected to be reached twenty-four (24) hours a day, seven (7) days a week for emergencies. Such number(s) must be within a fifty (50) mile radius of New York City limits, and must be indicated on a separate signed sheet of paper filed with the registration Application. Such Responsible Party must be twenty-one (21) years or older, and must reside within New York City or customarily and regularly attend a business office located in New York City. The emergency number shall be confidential. Any change in the emergency number, managing agent information, Owner's address or ownership must be sent to the Loft Board within five (5) days of the change. The failure to report such change is a violation of the Loft Board rules and the Owner may be subject to civil penalties in accordance with 29 RCNY § 2-11.1. If additional space is required to respond to any of the questions set forth on the registration Application, the applicant shall attach a signed separate sheet of paper to complete the response.
(11) An Owner, Landlord or Responsible Party who file(s) a registration Application agree(s) to provide the minimum housing maintenance standards established by 29 RCNY § 2-04, as it may be amended from time to time, to all residentially occupied units covered under Art. 7-C of the MDL.
(12) Reserved.
(13) One (1) or more notices, in a form designated on the Loft Board's website, must be conspicuously posted inside each entrance to the IMD Building and in common areas of the IMD Building such as the resident mailbox area(s), in the lobby of every IMD Building or in another public area in the Building routinely visited by Building residents. The Owner, Landlord or Responsible Party must post the notice(s) within five (5) Business Days after the issuance of the IMD registration number. Notices must be framed or laminated. Failure to post such notice or update the notice within five (5) days of a change in the information contained in such notice may subject the Owner, Landlord or Responsible Party to civil penalties in accordance with 29 RCNY § 2-11.1. Such notice must contain:
(A) The Building's address;
(B) The IMD registration number assigned by the Loft Board for the purpose of identifying the Building;
(C) The contact information for the Owner and managing agent; and
(D) The Loft Board's phone number and email address.
(c) Rent claims. An Owner, Landlord or Responsible Party of a Building for which an IMD registration number has been issued shall be entitled to claim rents becoming due after the date of issuance of the IMD registration number, in summary proceedings, pursuant to MDL § 285(1), provided that such Landlords are in compliance with the terms and provisions of Art. 7-C and the Loft Board's rules. Finding that there are a significant number of ongoing disputes between Owner, Landlord or Responsible Party and residential Occupants in loft dwellings over payment of past due rents and that Art. 7-C did not intend to authorize Owner, Landlord or Responsible Party to recover past due rents from residents occupying premises which may not qualify for coverage under Art. 7-C, the Loft Board believes that Owner's, Landlord's or Responsible Party's right to recover for past due rents pursuant to MDL § 285(1) should be stayed until the question of coverage of an IMD has been resolved. Landlords who waive their right to contest coverage by executing a written waiver in a form acceptable to the Loft Board, fail to contest coverage within forty-five (45) days following the filing of the registration Application with the Loft Board or following the service of the registration Application on the Occupants and the Prime Lessees, or whose coverage dispute has been resolved by a determination that the premises in question are covered by Art. 7-C, and who have met the requirements of subdivision (b) of this section shall be deemed in full compliance with the registration provisions of Art. 7-C. An Owner, Landlord or Responsible Party must be in full compliance with all of the provisions of Art. 7-C and the Loft Board's rules, including and without limitation, the registration requirements, in order to recover rent.
(d) Confidentiality of lease information. All personal and confidential information contained in leases submitted together with the registration application forms pursuant to this section including all information which could lead to the identification of the premises, landlords, or tenants, shall be confidential pursuant to the Freedom of Information Law (Public Officers Law §§ 84 et seq.) as amended from time to time. Notwithstanding the foregoing, the current owner of the building may have access to such unit's information, and the current occupant of the unit may also have access to such information, as necessary in connection with an application filed with the Loft Board or a case filed in a court of competent jurisdiction.
(e) Initial Registration Application Form Filing Deadlines for Buildings Seeking Coverage under MDL § 281(4) Prior to June 21, 2010, the Effective Date of Chapter 135 of the Laws of 2010. Effective July 27, 1987, Article 7-C of the MDL was amended, in part, to extend coverage to certain residentially occupied buildings, structures or portions thereof that were excluded from the protections of Article 7-C because they did not meet the zoning requirements of MDL §§ 281(2)(i), (iii) or (iv). Now, pursuant to MDL § 281(4), any building, structure or portion thereof which contains units that were residentially occupied on May 1, 1987, since December 1, 1981, that were used for residential purposes since April 1, 1980, is an IMD covered by Article 7-C regardless of the zoning requirements of MDL §§ 281(2)(i), (iii) and (iv), if the building otherwise meets the criteria set forth in MDL § 281(1) and these rules. MDL § 281(1) defines an "interim multiple dwelling" as a building, structure or portion thereof which at any time was occupied for manufacturing, commercial or warehouse purposes; and which on December 1, 1981 was occupied for residential purposes since April 1, 1980 as the residence or home of any three or more families living independently of one another; lacks a certificate of compliance or occupancy pursuant to MDL § 301. Pursuant to MDL § 281(4), an interim multiple dwelling shall include any building within the City of New York which meets these qualifications, regardless of whether there are currently three or more qualifying units. Thus, a reduction in the number of occupied residential units in a building after December 1, 1981 since April 1, 1980, shall not result in the elimination of the protections of Article 7-C to any remaining residential occupants qualified for such protection whose units were residentially occupied on May 1, 1987 since April 1, 1980.
(1) The provisions of these rules, 29 RCNY § 2-05, shall be fully applicable to IMD buildings or additional covered units, which are subject to coverage under Article 7-C pursuant to MDL § 281(4), except as provided below:
(i) Pursuant to MDL § 284(2), all residential units that qualify for coverage under Article 7-C pursuant to MDL §§ 281(4) were required to be initially registered on or before September 25, 1987. The initial registration period for such qualifying units under § 281(4) ended on June 30, 1988.
(f) Deadlines for filing initial registration Application for Buildings Covered Under MDL § 281(5) and § 281(6).
(1) (i) Pursuant to MDL § 284(2), the initial registration for Buildings covered pursuant to MDL § 281(5) shall have been filed by August 21, 2010, which was sixty (60) days from the effective date of Chapter 135 of the Laws of 2010. The provisions of these rules, 29 RCNY § 2-05, shall be fully applicable to IMD Buildings or additional covered units, which are subject to coverage under Art. 7-C pursuant to MDL § 281(5).
(ii) Pursuant to MDL § 284(2), the initial registration for Buildings covered pursuant to MDL § 281(6) must be filed by August 24, 2019, which is sixty (60) days from the effective date of Chapter 41 of the Laws of 2019. The provisions of these rules, 29 RCNY § 2-05, shall be fully applicable to IMD Buildings or additional covered units, which are subject to coverage under Art. 7-C pursuant to MDL § 281(6).
(2) Registration renewals. Renewal of registration pursuant to 29 RCNY § 2-11(b)(1)(i)(A) shall be required annually on or before July 1st. Before the processing of the registration renewal Application, the Landlord or the Responsible Party is required to pay all unpaid fines, late fees and registration and code compliance monitoring fees for prior registration periods at the rate set forth in 29 RCNY § 2-11(b)(9)(i), as may be amended from time to time. Failure to timely pay such registration and code compliance monitoring fees may result in the imposition of late fees, and other civil penalties, in accordance with the terms and provisions of these rules, including, without limitation, 29 RCNY § 2-11(b)(1)(i)(D) and 29 RCNY § 2-11.1.
(g) The Loft Board must not process any Applications filed by or on behalf of Landlord or Responsible Party of an IMD Building unless the registration renewal Application is current and all applicable fees and penalties have been paid in full as of the date of filing such Application. An Application is not deemed filed until the Loft Board receives payment of all outstanding fees, fines and penalties.
(Amended City Record 3/1/2023, eff. 3/31/2023)