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

                                  8283

                            I N  S E N A T E

                              June 21, 2010
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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:
  S 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.
  S 2. Clause (i) of paragraph 3 of  subdivision  a  of  section  12  of
section  4 of chapter 576 of the laws of 1974 constituting the emergency
tenant protection act of nineteen seventy-four, as  amended  by  chapter
480 of the laws of 2009, is amended to read as follows:
  (i)  to  have  violated  an order of the division OR SECTION FIVE-B OF
THIS ACT the commissioner may impose by administrative order after hear-

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

                                                           LBD02060-07-0

S. 8283                             2

ing, a civil penalty in the amount of one thousand dollars for the first
such offense and two thousand dollars for each subsequent offense; or
  S 3. Section 26-512 of the administrative code of the city of New York
is amended by adding a new subdivision g to read as follows:
  G. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW OR THE PROVISIONS
OF ANY CONTRACT, LEASE OR RENTAL AGREEMENT, NO OWNER OR ANY AGENT THERE-
OF  SHALL ENTER INTO A LEASE, OR OTHER RENTAL AGREEMENT FOR OCCUPANCY OF
A VACANT HOUSING ACCOMMODATION SUBJECT TO THIS CHAPTER 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  DETER-
MINED  BY  THE  COMMISSIONER  OF  THE  DIVISION OF HOUSING AND COMMUNITY
RENEWAL, OR (II) IS A CORPORATION, PARTNERSHIP OR OTHER BUSINESS THAT IS
PROVIDING AN OFFICER, PARTNER, EMPLOYEE OR OTHER NATURAL PERSON  PARTIC-
IPATING  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 CHAPTER.
  S 4. Paragraph 1 of subdivision c of section 26-516 of the administra-
tive code of the city of New York, as amended by chapter 480 of the laws
of 2009, is amended to read as follows:
  (1) to have violated an order of the  division  OR  SUBDIVISION  G  OF
SECTION  26-512  OF THIS CHAPTER the commissioner may impose by adminis-
trative order after hearing, a civil penalty in the amount of one  thou-
sand  dollars  for  the  first such offense and two thousand dollars for
each subsequent offense; or
  S 5. Severability. If any provision of this act, or any application of
any provision of this act, is held to be invalid, that shall not  affect
the  validity  or  effectiveness of any other provision of this act, any
other application of any provision of this act, or any  other  provision
of any law or code amended by this act.
  S  6.  This  act  shall take effect on the sixtieth day after it shall
have become a law; provided that:
  (a) the amendments to the emergency tenant protection act of  nineteen
seventy-four  made  by  sections one and two of this act shall expire on
the same date as such act expires and shall not affect the expiration of
such act as provided in section 17 of chapter 576 of the laws  of  1974;
and
  (b) the amendments to sections 26-512 and 26-516 of the administrative
code of the city of New York made by sections three and four of this act
shall  expire  on  the  same  date as such sections expire and shall not
affect the expiration of such sections as provided in section 26-520  of
such code.