(b) The term "interim multiple dwelling" as used in this subdivision
shall not include (i) any building in an industrial business zone
established pursuant to chapter six-D of title twenty-two of the
administrative code of the city of New York except that a building in
the Williamsburg/Greenpoint or North Brooklyn industrial business zones
(other than a building within such North Brooklyn business zone that is
in a district zoned M3, as such district is described in the zoning
resolution of such municipality in effect at the time the application
for registration as an interim multiple dwelling or for coverage of
residential units under this article is filed) and a building located in
that portion of the Long Island city industrial business zone that has
frontage on either side of forty-seventh avenue or is located north of
forty-seventh avenue and south of Skillman avenue or in that portion of
the Long Island city industrial business zone that is located north of
forty-fourth drive, south of Queens plaza north, and west of
twenty-third street may be included in the term "interim multiple
dwelling," or (ii) units in any building, other than a building that is
already defined as an "interim multiple dwelling" pursuant to
subdivision one, two, three or four of this section, that, at the time
this subdivision shall take effect and continuing until the time of the
submission of an application for coverage by any party, also contains a
use in legal operation, actively and currently pursued, which use is set
forth in use group eighteen, as described in the zoning resolution of
such municipality in effect on June twenty-first, two thousand ten, and
which the loft board has determined in rules and regulation is
inherently incompatible with residential use in the same building by
creating an actual risk of harm which cannot be reasonably mitigated,
provided that the loft board may by rule exempt categories of units or
buildings from such use incompatibility determinations including but not
limited to residentially occupied units or subcategories of such units,
and provided, further that if a building does not contain such active
uses at the time this subdivision takes effect, no subsequent use by the
owner of the building shall eliminate the protections of this section
for any residential occupants in the building already qualified for such
protections. A party opposing coverage pursuant to this subdivision
shall bear the burden of proving the exception to coverage set forth in
subparagraph (ii) of this paragraph.
(c) The term "interim multiple dwelling," as used in this subdivision
shall also include buildings, structures or portions thereof that are
located north of West 24th Street and south of West 27th Street and west
of tenth avenue and east of eleventh avenue in a city of more than one
million persons which were occupied for residential purposes as the
residence or home of any two or more families living independently from
one another for a period of twelve consecutive months during the period
commencing January first, two thousand eight, and ending December
thirty-first, two thousand nine and subject to all the conditions and
limitations of this subdivision other than the number of units in the
building. A reduction in the number of occupied residential units in a
building after meeting the aforementioned twelve consecutive month
requirement shall not eliminate the protections of this section for any
remaining residential occupants qualified for such protections.
Non-residential space in a building as of the effective date of this
subdivision shall be offered for residential use only after the
obtaining of a residential certificate of occupancy for such space and
such space shall be exempt from this article, even if a portion of such
building may be an interim multiple dwelling.
6. (a) Notwithstanding the provisions of paragraphs (i), (iii) and
(iv) of subdivision two of this section, but subject to paragraphs (i)
and (ii) of subdivision one of this section and paragraph (ii) of
subdivision two of this section, the term "interim multiple dwelling"
shall include buildings, structures or portions thereof that are located
in a city of more than one million persons which were occupied for
residential purposes as the residence or home of any three or more
families living independently from one another for a period of twelve
consecutive months during the period commencing January first, two
thousand fifteen, and ending December thirty-first, two thousand
sixteen, provided that the unit seeking coverage: is not located in a
cellar and has at least one entrance that does not require passage
through another residential unit to obtain access to the unit, and is at
least four hundred square feet in area.
(b) The term "interim multiple dwelling" as used in this subdivision
shall not include (i) any building in an industrial business zone
established pursuant to chapter six-D of title twenty-two of the
administrative code of the city of New York except that a building in
the Williamsburg/Greenpoint or North Brooklyn industrial business zones
other than a building within such North Brooklyn industrial business
zone that is in a district zoned M3, as such district is described in
the zoning resolution of such municipality in effect at the time the
application for registration as an interim multiple dwelling or for
coverage of residential units under this article is filed) and a
building located in that portion of the Long Island city industrial
business zone that has frontage on either side of forty-seventh avenue
or is located north of forty-seventh avenue and south of Skillman avenue
or in that portion of the Long Island city industrial business zone that
is located north of forty-fourth drive, south of Queens plaza north, and
west of twenty-third street may be included in the term "interim
multiple dwelling", or (ii) units in any building, other than a building
that is already defined as an "interim multiple dwelling" pursuant to
subdivision one, two, three, four or five of this section, that, at the
time this subdivision shall take effect and continuing until the time of
the submission of an application for coverage by any party, also
contains a use in legal operation, actively and currently pursued, which
use is set forth in use group eighteen, as described in the zoning
resolution of such municipality in effect on June twenty-first, two
thousand ten, and which the loft board has determined in rules and
regulation is inherently incompatible with residential use in the same
building by creating an actual risk of harm which cannot be reasonably
mitigated, provided that the loft board may by rule exempt categories of
units or buildings from such use incompatibility determinations
including but not limited to residentially occupied units or
subcategories of such units, and provided, further that if a building
does not contain such active uses at the time this subdivision takes
effect, no subsequent use by the owner of the building shall eliminate
the protections of this section for any residential occupants in the
building already qualified for such protections. A party opposing
coverage pursuant to this subdivision shall bear the burden of proving
the exception to coverage set forth in subparagraph (ii) of this
paragraph.
(c) The term "interim multiple dwelling", as used in this subdivision
shall also include buildings, structures or portions thereof that are
located north of West 24th Street and south of West 27th Street and west
of tenth avenue and east of eleventh avenue in a city of more than one
million persons which were occupied for residential purposes as the
residence or home of any two or more families living independently from
one another for a period of twelve consecutive months during the period
commencing January first, two thousand fifteen, and ending December
thirty-first, two thousand sixteen and subject to all the conditions and
limitations of this subdivision other than the number of units in the
building. A reduction in the number of occupied residential units in a
building after meeting the aforementioned twelve consecutive month
requirement shall not eliminate the protections of this section for any
remaining residential occupants qualified for such protections.
Non-residential space in a building as of the effective date of this
subdivision shall be offered for residential use only after the
obtaining of a residential certificate of occupancy for such space and
such space shall be exempt from this article, even if a portion of such
building may be an interim multiple dwelling.