S T A T E   O F   N E W   Y O R K
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                                  5684

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 17, 2009
                               ___________

Introduced  by  M.  of  A.  BRENNAN, GREENE, ROBINSON, ORTIZ, ROSENTHAL,
  J. RIVERA, KAVANAGH, CASTRO -- Multi-Sponsored by -- M. of A.  ALFANO,
  CLARK,  COLTON, DenDEKKER, DINOWITZ, GLICK, GOTTFRIED, HOOPER, JACOBS,
  MILLMAN, PHEFFER -- read once and referred to the Committee on Housing

AN ACT to amend the general business law, in relation to senior citizens
  and disabled persons

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subparagraphs (iii) and (iv) of paragraph (a) of subdivi-
sion 2-a of section 352-e of the general business law, as added by chap-
ter 771 of the laws of 1983, are amended to read as follows:
  (iii) "Eligible  senior  citizens".  Non-purchasing  tenants  who  are
sixty-two  years  of  age  or older on the date the attorney general has
accepted the plan for filing, and the spouses of  any  such  tenants  on
such  date,  [and who have elected] OR ANY MEMBER OF THE TENANT'S HOUSE-
HOLD, LAWFULLY OCCUPYING THE PREMISES AS HIS OR  HER  RESIDENCE  WHO  IS
SIXTY-TWO YEARS OF AGE OR OLDER ON SUCH DATE, PROVIDED, IN THE CASE OF A
TENANT'S  HOUSEHOLD  MEMBER,  THAT  HE  OR  SHE HAS LIVED IN THE HOUSING
ACCOMMODATION AS HIS OR HER RESIDENCE FOR A PERIOD OF NO LESS  THAN  ONE
YEAR  PRECEDING  SUCH  DATE. THE TENANT MUST ELECT, within sixty days of
the date the attorney general has accepted the plan for filing, on forms
promulgated by the attorney general and presented to such tenants by the
offeror, to become non-purchasing tenants under the provisions  of  this
subdivision;  provided  that  such  election shall not preclude any such
tenant from subsequently purchasing the dwelling unit on the terms  then
offered to tenants in occupancy.
  (iv)  "Eligible  disabled persons". Non-purchasing tenants who have an
impairment which results from anatomical, physiological or psychological
conditions, other than addiction to alcohol, gambling, or any controlled
substance, which are demonstrable by medically acceptable  clinical  and
laboratory diagnostic techniques, and which are expected to be permanent

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06366-01-9
              

A. 5684                             2

and  which  [prevent the tenant from engaging in any substantial gainful
employment] SUBSTANTIALLY LIMIT ONE OR MORE MAJOR LIFE ACTIVITIES on the
date the attorney general has accepted the  plan  for  filing,  and  the
spouses  of any such tenants on such date, [and who have elected] OR ANY
MEMBER OF THE TENANT'S HOUSEHOLD, LAWFULLY OCCUPYING THE PREMISES AS HIS
OR HER RESIDENCE, WHO HAS SUCH AN IMPAIRMENT ON SUCH DATE, PROVIDED,  IN
THE  CASE  OF THE TENANT'S HOUSEHOLD MEMBER, THAT HE OR SHE HAS LIVED IN
THE HOUSING ACCOMMODATION AS HIS OR HER RESIDENCE FOR  A  PERIOD  OF  NO
LESS  THAN  ONE  YEAR PRECEDING SUCH DATE. THE TENANT MUST ELECT, within
sixty days of the date the attorney general has accepted  the  plan  for
filing,  on  forms  promulgated by the attorney general and presented to
such tenants by the offeror, to become non-purchasing tenants under  the
provisions of this subdivision; provided, however, that if the disabili-
ty  first  occurs  after  acceptance  of  the plan for filing, then such
election may be made within sixty days following the onset of such disa-
bility unless during the period subsequent to sixty days  following  the
acceptance  of the plan for filing but prior to such election, the offe-
ror accepts a written agreement to purchase the apartment  from  a  bona
fide  purchaser;  and  provided  further  that  such  election shall not
preclude any such tenant from subsequently purchasing the dwelling  unit
or  the shares allocated thereto on the terms then offered to tenants in
occupancy.
  S 2. Paragraphs (f) and (g) of subdivision 1 of section 352-eee of the
general business law, as added by chapter 402 of the laws of  1983,  are
amended to read as follows:
  (f)  "Eligible senior citizens". Non-purchasing tenants who are sixty-
two years of age or older on the date the plan is declared effective and
the spouses of any such tenants on such date;  [provided  that]  OR  ANY
MEMBER OF THE TENANT'S HOUSEHOLD, LAWFULLY OCCUPYING THE PREMISES AS HIS
OR  HER  RESIDENCE  WHO IS SIXTY-TWO YEARS OF AGE OR OLDER ON SUCH DATE,
PROVIDED, IN THE CASE OF A TENANT'S HOUSEHOLD MEMBER, THAT HE OR SHE HAS
LIVED IN THE HOUSING ACCOMMODATION AS HIS OR HER RESIDENCE FOR A  PERIOD
OF  NO  LESS  THAN ONE YEAR PRECEDING SUCH DATE such tenant shall not be
precluded from subsequently purchasing the dwelling unit  on  the  terms
then offered to tenants in occupancy.
  (g)  "Eligible  disabled  persons". Non-purchasing tenants who have an
impairment which results from anatomical, physiological or psychological
conditions, other than addiction to alcohol, gambling, or any controlled
substance, which are demonstrable by medically acceptable  clinical  and
laboratory diagnostic techniques, and which are expected to be permanent
and  which  [prevent the tenant from engaging in any substantial gainful
employment] SUBSTANTIALLY LIMIT ONE OR MORE MAJOR LIFE ACTIVITIES on the
date the attorney general has accepted the  plan  for  filing,  and  the
spouses  of any such tenants on such date, [and who have elected] OR ANY
MEMBER OF THE TENANT'S HOUSEHOLD, LAWFULLY OCCUPYING THE PREMISES AS HIS
OR HER RESIDENCE WHO HAS SUCH AN IMPAIRMENT ON SUCH DATE,  PROVIDED,  IN
THE  CASE  OF THE TENANT'S HOUSEHOLD MEMBER, THAT HE OR SHE HAS LIVED IN
THE HOUSING ACCOMMODATION AS HIS OR HER RESIDENCE FOR  A  PERIOD  OF  NO
LESS  THAN  ONE  YEAR PRECEDING SUCH DATE. THE TENANT MUST ELECT, within
sixty days of the date the attorney general has accepted  the  plan  for
filing,  on  forms  promulgated by the attorney general and presented to
such tenants by the offeror, to become non-purchasing tenants under  the
provisions  of  this  section; provided, however, that if the disability
first occurs after acceptance of the plan for filing, then such election
may be made within sixty days following the  onset  of  such  disability
unless  during the period subsequent to sixty days following the accept-

A. 5684                             3

ance of the plan for filing but prior  to  such  election,  the  offeror
accepts  a  written agreement to purchase the apartment from a bona fide
purchaser; and provided further that such election  shall  not  preclude
any  such  tenant  from subsequently purchasing the dwelling unit or the
shares allocated thereto on the terms then offered to tenants  in  occu-
pancy.
  S  3.  Paragraphs  (f) and (g) of subdivision 1 of section 352-eeee of
the general business law, as added by chapter 555 of the laws  of  1982,
are amended to read as follows:
  (f)  "Eligible senior citizens". Non-purchasing tenants who are sixty-
two years of age or older on the date the attorney general has  accepted
the  plan  for filing, and the spouses of any such tenants on such date,
[and who have elected] OR ANY MEMBER OF THE TENANT'S HOUSEHOLD, LAWFULLY
OCCUPYING THE PREMISES AS HIS OR HER RESIDENCE WHO IS SIXTY-TWO YEARS OF
AGE OR OLDER ON SUCH DATE, PROVIDED, IN THE CASE OF A TENANT'S HOUSEHOLD
MEMBER, THAT HE OR SHE HAS LIVED IN THE HOUSING ACCOMMODATION AS HIS  OR
HER RESIDENCE FOR A PERIOD OF NO LESS THAN ONE YEAR PRECEDING SUCH DATE.
THE TENANT MUST ELECT, within sixty days of the date the attorney gener-
al  has accepted the plan for filing, on forms promulgated by the attor-
ney general and presented to such tenants  by  the  offeror,  to  become
non-purchasing  tenants  under  the provisions of this section; provided
that such election shall not preclude any such tenant from  subsequently
purchasing  the  dwelling  unit  on the terms then offered to tenants in
occupancy.
  (g) "Eligible disabled persons". Non-purchasing tenants  who  have  an
impairment which results from anatomical, physiological or psychological
conditions, other than addiction to alcohol, gambling, or any controlled
substance,  which  are demonstrable by medically acceptable clinical and
laboratory diagnostic techniques, and which are expected to be permanent
and which [prevent the tenant from engaging in any  substantial  gainful
employment]  ARE  EXPECTED TO BE PERMANENT AND WHICH SUBSTANTIALLY LIMIT
ONE OR MORE MAJOR LIFE ACTIVITIES on the date the attorney  general  has
accepted  the  plan  for  filing, and the spouses of any such tenants on
such date, [and who have elected] OR ANY MEMBER OF THE  TENANT'S  HOUSE-
HOLD,  LAWFULLY  OCCUPYING  THE PREMISES AS HIS OR HER RESIDENCE ON SUCH
DATE, PROVIDED IN THE CASE OF A TENANT'S HOUSEHOLD MEMBER,  THAT  HE  OR
SHE HAS LIVED IN THE HOUSING ACCOMMODATION AS HIS OR HER RESIDENCE FOR A
PERIOD  OF  NO  LESS  THAN ONE YEAR PRECEDING SUCH DATE. THE TENANT MUST
ELECT, within sixty days of the date the attorney general  has  accepted
the  plan  for  filing, on forms promulgated by the attorney general and
presented to such tenants  by  the  offeror,  to  become  non-purchasing
tenants under the provisions of this section; provided, however, that if
the  disability  first  occurs  after acceptance of the plan for filing,
then such election may be made within sixty days following the onset  of
such  disability  unless  during  the  period  subsequent  to sixty days
following the acceptance of the  plan  for  filing  but  prior  to  such
election, the offeror accepts a written agreement to purchase the apart-
ment from a bona fide purchaser; and provided further that such election
shall  not  preclude  any  such  tenant from subsequently purchasing the
dwelling unit or the shares allocated thereto on the terms then  offered
to tenants in occupancy.
  S  4. This act shall take effect immediately; provided that the amend-
ment to section 352-eee of the general business law made by section  two
of  this  act  shall expire on the same date as such section expires and
shall not affect the expiration of such section as provided in section 4
of chapter 402 of the laws of 1983 and provided further that the  amend-

A. 5684                             4

ment  to  section  352-eeee  of the general business law made by section
three of this act shall expire on the same date as such section  expires
and  shall  not  affect  the  expiration  of such section as provided in
section 10 of chapter 555 of the laws of 1982, as last extended.