Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to housing, construction and community development |
Jun 08, 2009 |
print number 3854b |
Jun 08, 2009 |
amend and recommit to housing, construction and community development |
May 07, 2009 |
print number 3854a |
May 07, 2009 |
amend and recommit to housing, construction and community development |
Apr 02, 2009 |
referred to housing, construction and community development |
Senate Bill S3854
2009-2010 Legislative Session
Sponsored By
(D, WF) 28th 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
Bill Amendments
2009-S3854 - Details
2009-S3854 - Sponsor Memo
BILL NUMBER: S3854 TITLE OF BILL : An act to amend the administrative code of the city of New York, in relation to renewal of a lease under the stabilization code PURPOSE OR GENERAL IDEA OF BILL : The purpose of this bill is to clarify the original intent of the Rent Stabilization Law and to prohibit landlords from circumventing the demolition provision included in the Rent Stabilization Law. Landlords are attempting to circumvent rent stabilization by applying for a demolition permit in order to move tenants out; when their real purpose is to do a gut rehab so they can lease the apartments for higher rents. SUMMARY OF SPECIFIC PROVISIONS : Section 1 of this bill constitutes a provision where the owner has established to the satisfaction of the division of housing and community renewal after a hearing that he or she intends in good faith to demolish the building and has obtained a permit thereof from the department of buildings. Section 2 provides for an immediate effective date with qualifications. EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :
2009-S3854 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3854 2009-2010 Regular Sessions I N S E N A T E April 2, 2009 ___________ Introduced by Sens. KRUEGER, DUANE, HUNTLEY, MONSERRATE -- 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, in relation to renewal of a lease under the stabilization code THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraph (a) of paragraph 9 of subdivision c of section 26-511 of the administrative code of the city of New York is amended to read as follows: (a) where THE OWNER HAS ESTABLISHED TO THE SATISFACTION OF THE DIVI- SION OF HOUSING AND COMMUNITY RENEWAL AFTER A HEARING THAT he or she intends in good faith to demolish the building and has obtained a permit therefor from the department of buildings PRIOR TO FILING ANY APPLICA- TION WHICH SHALL BE FILED AT LEAST NINETY DAYS PRIOR TO THE EXPIRATION OF THE LEASE TERM; FOR THE PURPOSE OF THIS SUBPARAGRAPH, "DEMOLISH" MEANS THE COMPLETE RAZING OF THE ENTIRE BUILDING, INCLUDING ALL EXTERIOR WALLS, IN ORDER TO CONSTRUCT A NEW BUILDING WITH THE SAME OR GREATER NUMBER OF RENTAL HOUSING UNITS; or S 2. This act shall take effect immediately and shall apply to any action or proceeding pending in any court and to any application, complaint, or proceeding pending before an administrative agency on such effective date, as well as to any action or proceeding commenced there- after; provided, however that the amendments to subparagraph (a) of paragraph 9 of subdivision c of section 26-511 of chapter 4 of title 26 of the administrative code of the city of New York made by section one of this act shall expire on the same date as such law expires and shall not affect the expiration of such law as provided under section 26-520 of such law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04538-01-9
co-Sponsors
(D, WF) Senate District
(D) Senate District
(D, WF) Senate District
2009-S3854A - Details
2009-S3854A - Sponsor Memo
BILL NUMBER: S3854A TITLE OF BILL : An act to amend the administrative code of the city of New York, in relation to renewal of a lease under the stabilization code PURPOSE OR GENERAL IDEA OF BILL : The purpose of this bill is to clarify the original intent of the Rent Stabilization Law and to prohibit landlords from circumventing the demolition provision included in the Rent Stabilization Law. Landlords are attempting to circumvent rent stabilization by applying for a demolition permit in order to move tenants out; when their real purpose is to do a gut rehab so they can lease the apartments for higher rents. SUMMARY OF SPECIFIC PROVISIONS : Section 1(a)(1) of this bill constitutes a provision where the owner has established to the satisfaction of the division of housing and community renewal after a hearing that he or she intends in good faith to demolish the building and has obtained a permit thereof from the department of buildings. (a)(2) of the bill provides the options the owner shall offer to the tenant when they have obtained a demolition permit. Section 2 provides for an immediate effective date with
2009-S3854A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3854--A 2009-2010 Regular Sessions I N S E N A T E April 2, 2009 ___________ Introduced by Sens. KRUEGER, DUANE, HUNTLEY, MONSERRATE -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the administrative code of the city of New York, in relation to renewal of a lease under the stabilization code THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraph (a) of paragraph 9 of subdivision c of section 26-511 of the administrative code of the city of New York is amended to read as follows: (a) (1) where THE OWNER HAS ESTABLISHED TO THE SATISFACTION OF THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, AFTER A HEARING AT WHICH ALL PARTIES MAY PRESENT EVIDENCE, THAT THE SUBJECT BUILDING IS IN A SUBSTANDARD OR SERIOUSLY DETERIORATED CONDITION, AND THAT he or she intends in good faith to demolish the building and [has obtained a permit therefor from the department of buildings] SUBMITS PROOF PRIOR TO FILING THE APPLICATION WITH THE DIVISION OF HOUSING AND COMMUNITY RENEWAL THAT PLANS AND IF POSSIBLE, THE NECESSARY PERMITS, FOR THE UNDERTAKING HAVE BEEN APPROVED BY AND OBTAINED FROM THE DEPARTMENT OF BUILDINGS; THE OWNER HAS OBTAINED THE NECESSARY FINANCIAL RESOURCES COMMITTED TO THE SUBJECT UNDERTAKING; AND THE OWNER HAS OBTAINED A CERTIFICATION OF "NO HARASSMENT" PURSUANT TO SECTION 27-2093 OF THIS CHAPTER. SUCH APPLICATION SHALL BE FILED AT LEAST NINETY DAYS PRIOR TO THE EXPIRATION OF THE LEASE TERM; FOR THE PURPOSE OF THIS SUBPARAGRAPH, "DEMOLISH" MEANS THE COMPLETE RAZING OF THE ENTIRE BUILDING, INCLUDING ALL EXTERIOR WALLS, IN ORDER TO CONSTRUCT A NEW BUILDING WITH THE SAME OR GREATER NUMBER OF RENTAL HOUSING UNITS; (2) THE ORDER GRANTING THE OWNER'S DEMOLITION APPLICATION SHALL PROVIDE THAT THE OWNER MUST, AT THE TENANT'S OPTION, EITHER: (I) RELO- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04538-03-9
co-Sponsors
(D, WF) Senate District
(D) Senate District
(D, WF) Senate District
2009-S3854B (ACTIVE) - Details
2009-S3854B (ACTIVE) - Sponsor Memo
BILL NUMBER: S3854B TITLE OF BILL : An act to amend the administrative code of the city of New York, in relation to renewal of a lease under the stabilization code PURPOSE OR GENERAL IDEA OF BILL : The purpose of this bill is to clarify the original intent of the Rent Stabilization Law and to prohibit landlords from circumventing the demolition provision included in the Rent Stabilization Law. Landlords are attempting to circumvent rent stabilization by applying for a demolition permit in order to move tenants out; when their real purpose is to do a gut rehab so they can lease the apartments for higher rents. SUMMARY OF SPECIFIC PROVISIONS : Section 1 of this bill constitutes a provision where the owner has established to the satisfaction of the division of housing and community renewal after a hearing that he or she intends in good faith to demolish the building and has obtained a permit thereof from the department of buildings. Section 2 provides for an immediate effective date with qualifications.
2009-S3854B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3854--B 2009-2010 Regular Sessions I N S E N A T E April 2, 2009 ___________ Introduced by Sens. KRUEGER, DUANE, HUNTLEY, MONSERRATE -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the administrative code of the city of New York, in relation to renewal of a lease under the stabilization code THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraph (a) of paragraph 9 of subdivision c of section 26-511 of the administrative code of the city of New York is amended to read as follows: (a) (1) where [he or she] THE OWNER HAS ESTABLISHED TO THE SATISFAC- TION OF THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, AFTER A HEARING AT WHICH ALL PARTIES MAY PRESENT EVIDENCE THAT THE SUBJECT BUILDING IS IN A SUBSTANDARD OR SERIOUSLY DETERIORATED CONDITION, AND THAT THE OWNER intends in good faith to demolish the building and [has obtained a permit therefor from the department of buildings] SUBMITS PROOF PRIOR TO FILING THE APPLICATION WITH THE DIVISION OF HOUSING AND COMMUNITY RENEWAL THAT PLANS AND IF POSSIBLE, THE NECESSARY PERMITS, FOR THE UNDERTAKING HAVE BEEN APPROVED BY AND OBTAINED FROM THE DEPARTMENT OF BUILDINGS. SUCH APPLICATION SHALL BE FILED AT LEAST NINETY DAYS PRIOR TO THE EXPIRATION OF THE LEASE TERM; FOR THE PURPOSE OF THIS SUBPARA- GRAPH, "DEMOLISH" MEANS THE COMPLETE RAZING OF THE ENTIRE BUILDING, INCLUDING ALL EXTERIOR WALLS, IN ORDER TO CONSTRUCT A NEW BUILDING WITH THE SAME OR GREATER NUMBER OF RENTAL HOUSING UNITS; (2) THE ORDER GRANTING THE OWNER'S DEMOLITION APPLICATION SHALL PROVIDE THAT THE OWNER MUST, AT THE TENANT'S OPTION, EITHER: (I) RELO- CATE THE TENANT TO AN EQUIVALENT OR SUPERIOR RENT STABILIZED HOUSING ACCOMMODATION IN A CLOSELY PROXIMATE AREA, OR IF A NEW RESIDENTIAL EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04538-09-9
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