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Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose of Rule

 

 

Technical Policy and Procedure Notices (TPPN) 15 of 1988, 22 of 1988, and 1 of 1992 established bathroom and powder room prototypes acceptable to the Department for the purposes of compliance with Local Law 58 of 1987, which relates to providing facilities for people with disabilities. 

 

Revisions to the City’s Building Code adopted in Local Law 141 of 2013 repealed provisions in Local Law 58 of 1987 relating to facilities for people having physical disabilities that had been codified in subarticle 2 of article 2 of subchapter 4 of chapter 1 of title 27 (Local Law 58 of 1987).  Local Law 141 of 2013 added a new section BC 1101.3 to the City’s Building Code that allows the Department to designate by rule prototype layouts acceptable to the Department for bathrooms and powder rooms first occupied on or before March 13, 1991.  Therefore, there is a need for a rule to continue to permit the prototypes established by these TPPNs for projects that are subject to section 1101.3 of the New York City Building Code, in particular, item 2.1 of Section 1101.3.2.

 

This rule re-establishes most of the prototypes in the TPPNs as acceptable prototype bathrooms and powder rooms in alterations in buildings that were originally occupied on or before March 13, 1991.  Alterations in buildings that were occupied after such date, or where full compliance with the bathroom and powder room prototypes cannot be achieved, are subject to Chapter 11 of the New York City Building Code and the most recent adopted accessibility standard, unless a waiver is granted pursuant to Section 1101.3.5 of the New York City Building Code.

 

The relevant TPPNs will be rescinded once this rule is effective.

 

The Department of Buildings’ authority for these rules is found in sections 643 and 1043 of the New York City Charter and section BC 1101.3.2 of the New York City Building Code, codified in Title 28 of the Administrative Code.

 

New material is underlined.

[Deleted material is in brackets.]

 

 

Effective Date: 
Wed, 12/30/2015

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, July 12, 2012
Proposed Rules Content: 

 

 

Statement of Basis and Purpose

 

 

Pursuant to § 282 of Article 7-C of the Multiple Dwellings Law (MDL), also known as the “Loft Law,” the Loft Board may promulgate rules to ensure compliance with the Loft Law.

 

Effective as of June 21, 2010, the New York State Legislature amended the Loft Law and enacted Chapters 135 and 147 of the Laws of 2010, which among other things, added MDL § 281(5). When it added § 281(5), the New York State Legislature expanded the criteria for coverage under the Loft Law.

 

The proposed changes conform § 2-09 of the Loft Board’s rules to the amended Loft Law, by extending the rule’s requirements to buildings covered pursuant to the newly added MDL § 281(5), and clarifying the existing provisions regarding subletting rights, privity with the owner, the right to recover subdivided space, and sale of improvements.

 

To summarize, the proposed rule:

 

(a)  Updates the definition of an occupant qualified for possession of a residential unit and protection of Article 7-C;

 

(b)  Clarifies the conditions necessary for privity between the subtenant and owner or prime lessee;

 

(c)  Describes when a prime lessee may recapture the IMD unit or subdivided space if the prime lessee still occupies a portion of the IMD unit; and

 

(d)  Clarifies the procedure for a prime lessee to be compensated for the improvements made by the prime lessee.

 

 

Subject: 

Opportunity to comment on the proposed rule changes to Section 2-09 of the Loft Board rules, which covers occupant protection under Article 7-C, subletting rights, privity with the owner, and the right to recover subdivided covered space.

Location: 
22 Reade St, 1st Floor
New York, NY 10007
Contact: 

New York City Loft Board
280 Broadway
3rd Floor
New York, NY 10007
(212) 566-5663

Download Copy of Proposed Rule (.pdf):