Senate Bill S3854

2009-2010 Legislative Session

Relates to renewal of a lease under the stabilization code promulgated by the real estate industry stabilization association

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Sponsored By

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

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Bill Amendments

2009-S3854 - Details

Current Committee:
Senate Housing, Construction And Community Development
Laws Affected:
Amd §26-511, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:
2011-2012: S906
2013-2014: S3176
2015-2016: S2856
2017-2018: S3193
2019-2020: S1920
2021-2022: S490
2023-2024: S129

2009-S3854 - Summary

Relates to renewal of a lease under the stabilization code promulgated by the real estate industry stabilization association; defines demolish.

2009-S3854 - Sponsor Memo

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

2009-S3854A - Details

Current Committee:
Senate Housing, Construction And Community Development
Laws Affected:
Amd §26-511, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:
2011-2012: S906
2013-2014: S3176
2015-2016: S2856
2017-2018: S3193
2019-2020: S1920
2021-2022: S490
2023-2024: S129

2009-S3854A - Summary

Relates to renewal of a lease under the stabilization code promulgated by the real estate industry stabilization association; defines demolish.

2009-S3854A - Sponsor Memo

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

2009-S3854B (ACTIVE) - Details

Current Committee:
Senate Housing, Construction And Community Development
Laws Affected:
Amd §26-511, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:
2011-2012: S906
2013-2014: S3176
2015-2016: S2856
2017-2018: S3193
2019-2020: S1920
2021-2022: S490
2023-2024: S129

2009-S3854B (ACTIVE) - Summary

Relates to renewal of a lease under the stabilization code promulgated by the real estate industry stabilization association; defines demolish.

2009-S3854B (ACTIVE) - Sponsor Memo

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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