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

                                  5594

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 4, 2013
                               ___________

Introduced  by  M.  of  A.  BRENNAN, ROBINSON, ORTIZ, ROSENTHAL, RIVERA,
  KAVANAGH, CASTRO, BOYLAND, MILLER -- Multi-Sponsored by --  M.  of  A.
  CLARK,  COLTON, CRESPO, DenDEKKER, DINOWITZ, GLICK, GOTTFRIED, HOOPER,
  JACOBS, MILLMAN, MOYA -- read once and referred to  the  Committee  on
  Housing

AN ACT to amend the general business law, in relation to senior citizens
  and disabled persons

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

  Section 1.  Subparagraphs (iii) and (iv) of paragraph (a) of  subdivi-
sion 2-a of section 352-e of the general business law, as added by chap-
ter 771 of the laws of 1983, are amended to read as follows:
  (iii)  "Eligible  senior  citizens".  Non-purchasing  tenants  who are
sixty-two years of age or older on the date  the  attorney  general  has
accepted  the  plan  for  filing, and the spouses of any such tenants on
such date, [and who have elected] OR ANY MEMBER OF THE  TENANT'S  HOUSE-
HOLD,  LAWFULLY  OCCUPYING  THE  PREMISES AS HIS OR HER RESIDENCE WHO IS
SIXTY-TWO YEARS OF AGE OR OLDER ON SUCH DATE, PROVIDED, IN THE CASE OF A
TENANT'S HOUSEHOLD MEMBER, THAT HE OR  SHE  HAS  LIVED  IN  THE  HOUSING
ACCOMMODATION  AS  HIS OR HER RESIDENCE FOR A PERIOD OF NO LESS THAN ONE
YEAR PRECEDING SUCH DATE. THE TENANT MUST ELECT, within  sixty  days  of
the date the attorney general has accepted the plan for filing, on forms
promulgated by the attorney general and presented to such tenants by the
offeror,  to  become non-purchasing tenants under the provisions of this
subdivision; provided that such election shall  not  preclude  any  such
tenant  from subsequently purchasing the dwelling unit on the terms then
offered to tenants in occupancy.
  (iv) "Eligible disabled persons". Non-purchasing tenants who  have  an
impairment which results from anatomical, physiological or psychological
conditions, other than addiction to alcohol, gambling, or any controlled
substance,  which  are demonstrable by medically acceptable clinical and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09127-01-3
              

A. 5594                             2

laboratory diagnostic techniques, and which are expected to be permanent
and which [prevent the tenant from engaging in any  substantial  gainful
employment] SUBSTANTIALLY LIMIT ONE OR MORE MAJOR LIFE ACTIVITIES on the
date  the  attorney  general  has  accepted the plan for filing, and the
spouses of any such tenants on such date, [and who have elected] OR  ANY
MEMBER OF THE TENANT'S HOUSEHOLD, LAWFULLY OCCUPYING THE PREMISES AS HIS
OR  HER RESIDENCE, WHO HAS SUCH AN IMPAIRMENT ON SUCH DATE, PROVIDED, IN
THE CASE OF THE TENANT'S HOUSEHOLD MEMBER, THAT HE OR SHE HAS  LIVED  IN
THE  HOUSING  ACCOMMODATION  AS  HIS OR HER RESIDENCE FOR A PERIOD OF NO
LESS THAN ONE YEAR PRECEDING SUCH DATE. THE TENANT  MUST  ELECT,  within
sixty  days  of  the date the attorney general has accepted the plan for
filing, on forms promulgated by the attorney general  and  presented  to
such  tenants by the offeror, to become non-purchasing tenants under the
provisions of this subdivision; provided, however, that if the disabili-
ty first occurs after acceptance of  the  plan  for  filing,  then  such
election may be made within sixty days following the onset of such disa-
bility  unless  during the period subsequent to sixty days following the
acceptance of the plan for filing but prior to such election, the  offe-
ror  accepts  a  written agreement to purchase the apartment from a bona
fide purchaser; and  provided  further  that  such  election  shall  not
preclude  any such tenant from subsequently purchasing the dwelling unit
or the shares allocated thereto on the terms then offered to tenants  in
occupancy.
  S 2. Paragraphs (f) and (g) of subdivision 1 of section 352-eee of the
general  business  law, as added by chapter 402 of the laws of 1983, are
amended to read as follows:
  (f) "Eligible senior citizens". Non-purchasing tenants who are  sixty-
two years of age or older on the date the plan is declared effective and
the  spouses  of  any  such tenants on such date; [provided that] OR ANY
MEMBER OF THE TENANT'S HOUSEHOLD, LAWFULLY OCCUPYING THE PREMISES AS HIS
OR HER RESIDENCE WHO IS SIXTY-TWO YEARS OF AGE OR OLDER  ON  SUCH  DATE,
PROVIDED, IN THE CASE OF A TENANT'S HOUSEHOLD MEMBER, THAT HE OR SHE HAS
LIVED  IN THE HOUSING ACCOMMODATION AS HIS OR HER RESIDENCE FOR A PERIOD
OF NO LESS THAN ONE YEAR PRECEDING SUCH DATE such tenant  shall  not  be
precluded  from  subsequently  purchasing the dwelling unit on the terms
then offered to tenants in occupancy.
  (g) "Eligible disabled persons". Non-purchasing tenants  who  have  an
impairment which results from anatomical, physiological or psychological
conditions, other than addiction to alcohol, gambling, or any controlled
substance,  which  are demonstrable by medically acceptable clinical and
laboratory diagnostic techniques, and which are expected to be permanent
and which [prevent the tenant from engaging in any  substantial  gainful
employment] SUBSTANTIALLY LIMIT ONE OR MORE MAJOR LIFE ACTIVITIES on the
date  the  attorney  general  has  accepted the plan for filing, and the
spouses of any such tenants on such date, [and who have elected] OR  ANY
MEMBER OF THE TENANT'S HOUSEHOLD, LAWFULLY OCCUPYING THE PREMISES AS HIS
OR  HER  RESIDENCE WHO HAS SUCH AN IMPAIRMENT ON SUCH DATE, PROVIDED, IN
THE CASE OF THE TENANT'S HOUSEHOLD MEMBER, THAT HE OR SHE HAS  LIVED  IN
THE  HOUSING  ACCOMMODATION  AS  HIS OR HER RESIDENCE FOR A PERIOD OF NO
LESS THAN ONE YEAR PRECEDING SUCH DATE. THE TENANT  MUST  ELECT,  within
sixty  days  of  the date the attorney general has accepted the plan for
filing, on forms promulgated by the attorney general  and  presented  to
such  tenants by the offeror, to become non-purchasing tenants under the
provisions of this section; provided, however, that  if  the  disability
first occurs after acceptance of the plan for filing, then such election
may  be  made  within  sixty days following the onset of such disability

A. 5594                             3

unless during the period subsequent to sixty days following the  accept-
ance  of  the  plan  for  filing but prior to such election, the offeror
accepts a written agreement to purchase the apartment from a  bona  fide
purchaser;  and  provided  further that such election shall not preclude
any such tenant from subsequently purchasing the dwelling  unit  or  the
shares  allocated  thereto on the terms then offered to tenants in occu-
pancy.
  S 3. Paragraphs (f) and (g) of subdivision 1 of  section  352-eeee  of
the  general  business law, as added by chapter 555 of the laws of 1982,
are amended to read as follows:
  (f) "Eligible senior citizens". Non-purchasing tenants who are  sixty-
two  years of age or older on the date the attorney general has accepted
the plan for filing, and the spouses of any such tenants on  such  date,
[and who have elected] OR ANY MEMBER OF THE TENANT'S HOUSEHOLD, LAWFULLY
OCCUPYING THE PREMISES AS HIS OR HER RESIDENCE WHO IS SIXTY-TWO YEARS OF
AGE OR OLDER ON SUCH DATE, PROVIDED, IN THE CASE OF A TENANT'S HOUSEHOLD
MEMBER,  THAT HE OR SHE HAS LIVED IN THE HOUSING ACCOMMODATION AS HIS OR
HER RESIDENCE FOR A PERIOD OF NO LESS THAN ONE YEAR PRECEDING SUCH DATE.
THE TENANT MUST ELECT, within sixty days of the date the attorney gener-
al has accepted the plan for filing, on forms promulgated by the  attor-
ney  general  and  presented  to  such tenants by the offeror, to become
non-purchasing tenants under the provisions of  this  section;  provided
that  such election shall not preclude any such tenant from subsequently
purchasing the dwelling unit on the terms then  offered  to  tenants  in
occupancy.
  (g)  "Eligible  disabled  persons". Non-purchasing tenants who have an
impairment which results from anatomical, physiological or psychological
conditions, other than addiction to alcohol, gambling, or any controlled
substance, which are demonstrable by medically acceptable  clinical  and
laboratory diagnostic techniques, and which are expected to be permanent
and  which  [prevent the tenant from engaging in any substantial gainful
employment] ARE EXPECTED TO BE PERMANENT AND WHICH  SUBSTANTIALLY  LIMIT
ONE  OR  MORE MAJOR LIFE ACTIVITIES on the date the attorney general has
accepted the plan for filing, and the spouses of  any  such  tenants  on
such  date,  [and who have elected] OR ANY MEMBER OF THE TENANT'S HOUSE-
HOLD, LAWFULLY OCCUPYING THE PREMISES AS HIS OR HER  RESIDENCE  ON  SUCH
DATE,  PROVIDED  IN  THE CASE OF A TENANT'S HOUSEHOLD MEMBER, THAT HE OR
SHE HAS LIVED IN THE HOUSING ACCOMMODATION AS HIS OR HER RESIDENCE FOR A
PERIOD OF NO LESS THAN ONE YEAR PRECEDING SUCH  DATE.  THE  TENANT  MUST
ELECT,  within  sixty days of the date the attorney general has accepted
the plan for filing, on forms promulgated by the  attorney  general  and
presented  to  such  tenants  by  the  offeror, to become non-purchasing
tenants under the provisions of this section; provided, however, that if
the disability first occurs after acceptance of  the  plan  for  filing,
then  such election may be made within sixty days following the onset of
such disability unless  during  the  period  subsequent  to  sixty  days
following  the  acceptance  of  the  plan  for  filing but prior to such
election, the offeror accepts a written agreement to purchase the apart-
ment from a bona fide purchaser; and provided further that such election
shall not preclude any such  tenant  from  subsequently  purchasing  the
dwelling  unit or the shares allocated thereto on the terms then offered
to tenants in occupancy.
  S 4. This act shall take effect immediately; provided that the  amend-
ments  to sections 352-eee and 352-eeee of the general business law made
by sections two and three of this act shall not affect the expiration of
such sections and shall be deemed to expire therewith.