NY State Senate Bill 2009-S8431

Senate Bill S8431

2009-2010 Legislative Session

Provides for the declaration of housing emergencies for rental housing accommodations located in buildings owned by certain limited-profit housing companies

download bill text pdf

Archive: Last Bill Status Via A2498 - On Floor Calendar

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 03, 2010	3rd reading cal.1435 substituted for s8431
Aug 03, 2010	substituted by a2498 ordered to third reading cal.1435
Jul 08, 2010	referred to rules

Votes

- Aug 3, 2010 - Rules Committee Vote
  S8431
  
  9
  
  Aye
  
  10
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Aug 3, 2010
      
      aye (9)
      
      Hassell-Thompson
      
      Klein
      
      Krueger
      
      Montgomery
      
      Padavan
      
      Parker
      
      Serrano
      
      Smith
      
      Stewart-Cousins
      
      nay (10)
      
      Espada
      
      Farley
      
      Hannon
      
      Johnson
      
      LaValle
      
      Larkin
      
      Saland
      
      Seward
      
      Skelos
      
      Volker
      
      aye wr (4)
      
      Dilan
      
      Duane
      
      Stachowski
      
      Valesky

2009-S8431 (ACTIVE) - Details

See Assembly Version of this Bill:: A2498
Law Section:: Emergency Tenant Protection Act of 1974
Laws Affected:: Amd §5, Emerg Ten Prot Act of 1974
Versions Introduced in Other Legislative Sessions:: 2011-2012: A2750
2013-2014: A4051
2015-2016: A2917
2017-2018: A3541
2019-2020: A3851
2021-2022: A3268

2009-S8431 (ACTIVE) - Summary

Provides for the declaration of housing emergencies for rental housing accommodations located in buildings owned by certain limited-profit housing companies.

2009-S8431 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S8431

TITLE OF BILL:

An act to amend the emergency tenant protection act of nineteen seven-
ty-four, in relation to the declaration of housing emergencies for
rental housing accommodations located in buildings owned by certain
limited-profit housing companies

PURPOSE OF BILL:

The purpose of this bill is to protect tenants living in Mitchell-Lama
buildings initially occupied after January 1, 1974 by allowing locali-
ties to extend rent stabilization to these buildings after they leave
the supervision of the State.

SUMMARY OF PROVISIONS:

This bill authorizes localities to declare a housing emergency for
rental units in buildings which were owned by a company established
under Article 2 of the Private Housing Finance Law which are no longer
owned by such company by reason of a voluntary dissolution.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:

Localities cannot currently declare a housing emergency in buildings

initially occupied after January 1, 1974. This bill would allow such a
declaration to make for all Mitchell-Lama buildings that leave State
supervision as a result of a voluntary dissolution pursuant to section
35 of the Private Housing Finance Law, regardless of the date of initial
occupancy.

JUSTIFICATION:

Many limited-profit housing companies are exercising their option to
pre-pay their State subsidized mortgages and "buy-out" of the Mitchell-
Lama moderate income housing program. In the event of a buy-out, exist-
ing tenants will face eviction if they cannot afford the new market-rate
rents in these buildings, this legislation seeks to ensure that these
tenants can continue to afford to live in their current apartments.

LEGISLATIVE HISTORY:

New.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the State.

EFFECTIVE DATE:

Immediately and shall apply to all housing companies that dissolve on,
before and after the date of enactment.

2009-S8431 (ACTIVE) - Bill Text download pdf

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

                                  8431

                            I N  S E N A T E

                              July 8, 2010
                               ___________

Introduced  by COMMITTEE ON RULES -- 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,  in  relation  to  the declaration of housing emergencies for
  rental housing accommodations located in buildings  owned  by  certain
  limited-profit housing companies

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

  Section 1. Section 5 of 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 subdivision c to read as follows:
  C. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH THREE OR FIVE OF SUBDI-
VISION A OF THIS SECTION BUT SUBJECT TO ANY OTHER APPLICABLE  EXCEPTIONS
IN  SUCH  SUBDIVISION, NOTHING SHALL PREVENT THE DECLARATION OF AN EMER-
GENCY PURSUANT TO SECTION THREE OF THIS ACT FOR RENTAL HOUSING  ACCOMMO-
DATIONS  LOCATED  IN BUILDINGS WHICH WERE OWNED BY A COMPANY ESTABLISHED
UNDER ARTICLE 2 OF THE PRIVATE HOUSING FINANCE LAW, OTHER THAN A  MUTUAL
COMPANY,  BY REASON OF A VOLUNTARY DISSOLUTION PURSUANT TO SECTION 35 OF
SUCH LAW. THE PROVISION OF SUBDIVISION A OF SECTION  NINE  OF  THIS  ACT
SHALL  NOT  APPLY  TO  ANY HOUSING ACCOMMODATION WHICH BECAME SUBJECT TO
THIS ACT PURSUANT TO THIS SUBDIVISION.
  S 2. This act shall take effect immediately and shall apply to housing
companies that dissolve before, on or after such date; provided,  howev-
er,  that the amendments to the emergency tenant protection act of nine-
teen seventy-four made by this act shall not affect  the  expiration  of
such  act  as provided in section 17 of chapter 576 of the laws of 1974,
as amended and shall be deemed to expire therewith.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02171-01-9

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