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

                                  1901

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 2011
                               ___________

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,
as  amended  by  chapter  422 of the laws of 2010, 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 the  purposes  of  determining
primary  residency,  a  tenant  who is a victim of domestic violence, as
defined in section four hundred fifty-nine-a of the social services law,
who has left the unit because of  such  violence,  and  who  asserts  an
intent  to  return  to  the  housing accommodation shall be deemed to be
occupying the unit as his or her primary residence.    FOR  PURPOSES  OF
DETERMINING  PRIMARY  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 EXTENSION 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  RESIDENCE.  No action or proceeding shall be commenced
seeking to recover possession on the ground that a housing accommodation

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06693-01-1
              

S. 1901                             2

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 intention 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, as amended by
chapter 422 of the laws of 2010, is amended to read as follows:
  (f) not occupied by the tenant, not including subtenants or occupants,
as his or her primary residence, as determined by a court  of  competent
jurisdiction[,  provided,  however that no]. FOR PURPOSES OF DETERMINING
PRIMARY 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
EXTENSION  OF  TIME  FOR PAYMENT OF TAX OR WHERE ANY OTHER FACTOR EXISTS
WHICH WOULD EXCUSE THE TIMELY FILING OF A RETURN; PROVIDED FURTHER, THAT
THE TIMELY FILING OF THE RETURN, ALONE, SHALL NOT RESULT IN  A  PRESUMP-
TION  THAT  THE  INDIVIDUAL  DOES  OCCUPY THE UNIT AS HIS OR HER PRIMARY
RESIDENCE. 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.  For  the
purposes  of  determining primary residency, a tenant who is a victim of
domestic violence, as defined in section four  hundred  fifty-nine-a  of
the social services law, who has left the unit because of such violence,
and  who  asserts an intent to return to the housing accommodation shall
be deemed to be occupying the unit as his or her primary residence.  For
the purposes of this subparagraph where a housing accommodation is rent-
ed  to a not-for-profit hospital for residential use, affiliated subten-
ants authorized to use such accommodations by  such  hospital  shall  be
deemed to be tenants, or
  S  3. Paragraph 11 of subdivision a of section 5 of section 4 of chap-
ter  576  of  the  laws  of  1974,  constituting  the  emergency  tenant
protection  act  of  nineteen seventy-four, as amended by chapter 422 of
the laws of 2010, is amended to read as follows:
  (11) housing accommodations which are 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 DETER-
MINING PRIMARY RESIDENCY, AS USED IN THIS CHAPTER, THE FAILURE TO FILE A
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;  PROVIDED,
HOWEVER,  THAT  THIS  PROVISION SHALL NOT APPLY TO AN INDIVIDUAL WHO HAS
REQUESTED AN EXTENSION 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 RESIDENCE. For the purposes of determining primary resi-
dency, a tenant who is a victim of  domestic  violence,  as  defined  in
section  four  hundred  fifty-nine-a of the social services law, who has
left the unit because of such violence, and who  asserts  an  intent  to
return  to the housing accommodation shall be deemed to be occupying the
unit as his or her primary residence.  For the purposes  of  this  para-
graph,  where  a  housing  accommodation  is  rented to a not-for-profit
hospital for residential use, affiliated subtenants  authorized  to  use

S. 1901                             3

such  accommodations  by such hospital shall be deemed to be tenants. 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  intention  to
commence such action or proceeding on such grounds.
  S  4. This act shall take effect immediately; provided that the amend-
ment to section 26-403 of the city rent and rehabilitation law  made  by
section  one  of  this act shall remain in full force and effect only so
long as the public emergency requiring the  regulation  and  control  of
residential  rents and evictions continues, as provided in subdivision 3
of section 1 of the  local  emergency  housing  rent  control  act;  and
provided  further  that  the  amendment  to  section  26-504 of the rent
stabilization law of nineteen hundred sixty-nine made by section two  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; and provided further that the amendment to section  5  of  the
emergency tenant protection act of nineteen seventy-four made by section
three  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, as amended.