NY S09353

Establishes that primary residence determinations for loft law (Article 7-C) protected occupants are evaluated prospectively from the date of application for protected occupancy or registration with the Loft Board, not retroactively

Prohibits any single factor—including tax return statements—from being solely determinative when assessing whether a unit qualifies for coverage or whether an occupant qualifies for primary residence protection

Allows consideration of multiple evidence types including addresses listed on tax returns, motor vehicle registrations, driver's licenses, and other government documents, but requires a totality-of-circumstances approach

Invalidates any waivers of loft law rights made prior to the effective date of this legislation

Applies immediately to all pending actions, proceedings, and appeals, and responds directly to the 2022 Appellate Division decision in One Double Nine Dashing LLC v. New York City Loft Board which the legislature finds misinterpreted primary residence requirements