New York S 9353: Relates to the status of an interim multiple dwelling unit as a protected occupant's primary residence

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
S09353 Summary:

BILL NOS09353 

&nbsp

SAME ASSAME AS A05682

&nbsp

SPONSORSALAZAR

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §286, Mult Dwell L

&nbsp

Relates to the determination of the status of an interim multiple dwelling unit as a protected occupant's primary residence by the loft board or a court of competent jurisdiction, or by registration with the loft board; provides factors for consideration for such findings; restores certain landlord-tenant relationships severed prior to the effective date.

Go to top S09353 Actions:

BILL NOS09353 

&nbsp

03/04/2026REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

Go to topS09353 Committee&nbspVotes:

Go to topS09353 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS09353 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9353

 IN SENATE

 March 4, 2026
 ___________

 Introduced by Sen. SALAZAR -- read twice and ordered printed, and when
 printed to be committed to the Committee on Housing, Construction and
 Community Development

 AN ACT to amend the multiple dwelling law, in relation to the status of
 an interim multiple dwelling unit as a protected occupant's primary
 residence

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Legislative findings. The legislature hereby finds and
 2 declares that the findings in section 280 of the multiple dwelling law
 3 are reaffirmed; that the decision from the Appellate Division, First
 4 Department, in One Double Nine Dashing LLC v New York City Loft Board et
 5 al. (2022) misinterpreted the relationship of primary residence to
 6 continued occupancy of potential protected occupants under article 7-C
 7 of the multiple dwelling law; that the unique illegal living arrange-
 8 ments of potential protected occupants prior to loft law coverage, with-
 9 out rent and eviction protections and without the applicability of mini-
 10 mum housing maintenance standards, necessitates a regulatory approach
 11 which is not always the same as for other rent-regulated tenants; that
 12 the loft board properly concluded that the primary residence requirement
 13 in the statute is prospective from an application for protected occupan-
 14 cy or from registration of the unit with the loft board; that the loft
 15 board properly considered all relevant evidence and rejected a position
 16 that statements on tax returns alone are determinative in making deter-
 17 minations regarding primary residence; that prior to Dashing (2022)
 18 neither the courts nor the loft board has looked at statements made on
 19 tax returns as controlling when evaluating issues of primary residence
 20 for loft tenants; that most loft tenants use for business purposes
 21 portions of their lofts, which the loft law envisions as being legalized
 22 and covered as joint live/work spaces, so long as the residential use is
 23 the primary use of the unit; and that it is necessary for the legisla-
 24 ture to correct the misinterpretation in Dashing (2022) and to clarify,
 25 and to codify in the law, what has been loft board policy and precedent
 26 based on the current law, loft board rules, and the loft board's deleg-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08702-01-5

 S. 9353 2

 1 ated expertise for evaluating primary residence of potential protected
 2 occupants in possible interim multiple dwelling units.
 3 § 2. Paragraph (i) of subdivision 2 of section 286 of the multiple
 4 dwelling law, as amended by chapter 4 of the laws of 2013, is amended
 5 and a new subdivision 14 is added to read as follows:
 6 (i) Prior to compliance with safety and fire protection standards of
 7 article seven-B of this chapter, residential occupants qualified for
 8 protection pursuant to this article shall be entitled to continued occu-
 9 pancy, provided that, subsequent to the application for protected occu-
 10 pancy with the loft board or a court of competent jurisdiction or regis-
 11 tration with the loft board of the occupant's unit pursuant to this
 12 article, the unit is their primary residence, and shall pay the same
 13 rent, including escalations, specified in their lease