Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jan 06, 2010 |
referred to housing, construction and community development |
Jan 28, 2009 |
referred to housing, construction and community development |
Senate Bill S1312
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development 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
Actions
2009-S1312 (ACTIVE) - Details
- Current Committee:
- Senate Housing, Construction And Community Development
- Law Section:
- New York City Administrative Code
- Laws Affected:
- Amd §§26-403 & 26-504, NYC Ad Cd; amd §5, Emerg Ten Prot Act of 1974
- Versions Introduced in 2011-2012 Legislative Session:
-
S1901
2009-S1312 (ACTIVE) - Summary
Provides that failure to file New York city income tax return shall constitute a prima facie finding that a housing accommodation subject to the emergency housing rent control act is not a person's primary residence as claimed by the delinquent taxpayer and failure to file a state tax return shall constitute a prima facie finding that a housing accommodation subject to the emergency tenant protection act of 1974 is not a person's primary residence.
2009-S1312 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1312 TITLE OF BILL : An act to amend the administrative code of the city of New York and the emergency tenant protection act of nineteen seventy-four, in relation to determining primary residency SUMMARY : This bill would amend sections 26-403 (e) (2) (i) (10) and 26-504 (a) (1) (f) of the New York City Administrative Code and the Emergency Tenant Protection Act, McKinney's unconsolidated laws § 8625 (a) (10) to provide that for purposes of determining primary residency for rent control or rent stabilization purposes, the failure to file a New York City or New York State resident income tax return by an individual required by law to file such a return, shall result in a finding that the tenant does not occupy the unit as his or her primary residence. This provision would not apply to tenants who have requested an extension of time for payment of tax or where any other factor exists which would excuse the timely filing of a return. JUSTIFICATION : Since 1971, premises not occupied as a tenant's primary residence have been exempt from both rent control and rent stabilization. This decision is made by the courts, on a case-by-case basis, yet the statute provides little or no guidance to the courts, faced with
2009-S1312 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1312 2009-2010 Regular Sessions I N S E N A T E January 28, 2009 ___________ Introduced by Sen. KRUGER -- 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 administrative code of the city of New York and the emergency tenant protection act of nineteen seventy-four, in relation to determining primary residency THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Clause 10 of subparagraph (i) of paragraph 2 of subdivision e of section 26-403 of the administrative code of the city of New York is amended to read as follows: (10) Housing accommodations not occupied by the tenant, not including subtenants or occupants, as his or her primary residence, as determined by a court of competent jurisdiction. FOR PURPOSES OF DETERMINING PRIMA- RY RESIDENCY, AS USED IN THIS CHAPTER, THE FAILURE TO FILE A NEW YORK CITY RESIDENT INCOME TAX RETURN BY AN INDIVIDUAL REQUIRED BY LAW TO FILE SUCH A RETURN, SHALL RESULT IN A FINDING THAT THE TENANT DOES NOT OCCUPY THE UNIT AS HIS OR HER PRIMARY RESIDENCE; PROVIDED, HOWEVER, THAT THIS PROVISION SHALL NOT APPLY TO AN INDIVIDUAL WHO HAS REQUESTED AN EXTEN- SION OF TIME FOR PAYMENT OF TAX OR WHERE ANY OTHER FACTOR EXISTS WHICH WOULD EXCUSE THE TIMELY FILING OF THE RETURN; PROVIDED FURTHER, THAT THE TIMELY FILING OF THE RETURN, ALONE, SHALL NOT RESULT IN A PRESUMPTION THAT THE INDIVIDUAL DOES OCCUPY THE UNIT AS HIS OR HER PRIMARY RESI- DENCE. No action or proceeding shall be commenced seeking to recover possession on the ground that a housing accommodation is not occupied by the tenant as his or her primary residence unless the owner or lessor shall have given thirty days notice to the tenant of his or her inten- tion to commence such action or proceeding on such grounds. S 2. Subparagraph (f) of paragraph 1 of subdivision a of section 26-504 of the administrative code of the city of New York is amended to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07320-01-9
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