Senate Bill S130

2023-2024 Legislative Session

Relates to unlawful tenancies under the emergency tenant protection act of 1974

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S130 (ACTIVE) - Details

See Assembly Version of this Bill:
A3513
Current Committee:
Assembly Housing
Law Section:
Emergency Tenant Protection Act of 1974
Laws Affected:
Add §5-b, amd §12, Emerg Ten Prot Act of 1974; amd §§26-512 & 26-516, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:
2009-2010: S8283
2011-2012: S406
2013-2014: S1774, A6684
2015-2016: S2829, A1316
2017-2018: S3186, A4803
2019-2020: S1918, A642
2021-2022: S510, A1364

2023-S130 (ACTIVE) - Summary

Relates to unlawful tenancies under the emergency tenant protection act of 1974; prohibits owners from entering or renewing leases where such owner has reason to know that such tenant will not occupy the housing accommodation as his or her primary residence.

2023-S130 (ACTIVE) - Sponsor Memo

2023-S130 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    130
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sens.  KRUEGER,  HOYLMAN, LIU, SERRANO -- 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 emergency tenant protection act of nineteen seven-
   ty-four and the administrative code  of  the  city  of  New  York,  in
   relation to leasing to business and other entities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 4 of chapter 576 of the laws of  1974  constituting
 the  emergency tenant protection act of nineteen seventy-four is amended
 by adding a new section 5-b to read as follows:
   § 5-B. TENANCY. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS ACT
 OR THE PROVISIONS OF ANY CONTRACT, LEASE OR RENTAL AGREEMENT,  NO  OWNER
 OR ANY AGENT THEREOF SHALL ENTER INTO A LEASE, OR OTHER RENTAL AGREEMENT
 FOR  OCCUPANCY  OF A VACANT HOUSING ACCOMMODATION SUBJECT TO THIS ACT IF
 THE OWNER OR ANY AGENT THEREOF HAS REASON TO KNOW THAT THE  TENANT  WILL
 NOT OCCUPY THE HOUSING ACCOMMODATION AS HIS OR HER PRIMARY RESIDENCE, OR
 THE  TENANT IS A CORPORATION, PARTNERSHIP, OR OTHER BUSINESS OR NOT-FOR-
 PROFIT ENTITY, PROVIDED, HOWEVER, IF THE TENANT (I) IS A  NOT-FOR-PROFIT
 CORPORATION,  PURSUANT  TO  THE  NOT-FOR-PROFIT CORPORATION LAW, THAT IS
 SOLELY ENGAGED IN ACTIVITIES TO PROVIDE HOUSING AND  ADDITIONAL  SUPPORT
 SERVICES, IF ANY, TO LOW-INCOME OR VULNERABLE MEMBERS OF THE POPULATION,
 AS  DETERMINED BY THE COMMISSIONER OF THE DIVISION OF HOUSING AND COMMU-
 NITY RENEWAL, OR (II) IS A CORPORATION, PARTNERSHIP  OR  OTHER  BUSINESS
 THAT  IS PROVIDING AN OFFICER, PARTNER, EMPLOYEE OR OTHER NATURAL PERSON
 PARTICIPATING IN THE DAY-TO-DAY OPERATIONS WITH A DWELLING  UNIT,  WHICH
 SHALL  BE  OCCUPIED  AS  THE INDIVIDUAL'S PRIMARY RESIDENCE, AN OWNER OR
 AGENT THEREOF MAY ENTER INTO A LEASE,  OR  OTHER  RENTAL  AGREEMENT  FOR
 OCCUPANCY OF A VACANT HOUSING ACCOMMODATION SUBJECT TO THIS ACT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01073-01-3
              

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