MATTER OF GRAND IMPERIAL, LLC v. NEW YORK CITY BD. OF STDS. & APPEALS, 137 A.D.3d 579 (2016)
Court: Supreme Court of New York
Number: innyco20160317365
Visitors: 2
Filed: Mar. 17, 2016
Latest Update: Mar. 17, 2016
Summary: As Supreme Court found, based on the former Multiple Dwelling Law 248 (16), which permitted single room occupancy owners to rent their rooms for periods as short as seven days, petitioner had an accrued right, within the meaning of the Multiple Dwelling Law saving clauses ( see Multiple Dwelling Law 366 [1]), at the time the legislature amended provisions related to occupancy in class A multiple dwellings in 2010. However, in enacting the amendments, the legislature's intent that a 30-day m
Summary: As Supreme Court found, based on the former Multiple Dwelling Law 248 (16), which permitted single room occupancy owners to rent their rooms for periods as short as seven days, petitioner had an accrued right, within the meaning of the Multiple Dwelling Law saving clauses ( see Multiple Dwelling Law 366 [1]), at the time the legislature amended provisions related to occupancy in class A multiple dwellings in 2010. However, in enacting the amendments, the legislature's intent that a 30-day mi..
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As Supreme Court found, based on the former Multiple Dwelling Law § 248 (16), which permitted single room occupancy owners to rent their rooms for periods as short as seven days, petitioner had an accrued right, within the meaning of the Multiple Dwelling Law saving clauses (see Multiple Dwelling Law § 366 [1]), at the time the legislature amended provisions related to occupancy in class A multiple dwellings in 2010. However, in enacting the amendments, the legislature's intent that a 30-day minimum occupancy requirement would apply to all, with only narrow, specified exceptions, was sufficiently clear that petitioner's saving clause right to continue renting for the shorter period was extinguished (see L 2010, ch 225, § 8, as amended by L 2010, ch 566, § 3 [providing in pertinent part that the relevant act amending the Multiple Dwelling Law and the Administrative Code of the City of New York "shall take effect May 1, 2011 and shall apply to all buildings in existence on such effective date and to buildings constructed after such effective date" (emphasis added)]; Kellogg v Travis, 100 N.Y.2d 407 [2003]).
Source: Leagle
