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

                                   406

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. KRUEGER -- 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 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00711-01-1
              

S. 406                              2

  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-
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.