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

                                 2829--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 29, 2015
                               ___________

Introduced by Sens. KRUEGER, HAMILTON, HOYLMAN, PERKINS, SERRANO -- read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Housing, Construction and Community Development -- recom-
  mitted to the Committee on Housing, Construction and Community  Devel-
  opment  in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04244-02-6
              

S. 2829--A                          2

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 section 27
of  part  A  of  chapter  20  of the laws of 2015, 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
hearing, a civil penalty at minimum in the amount of  one  thousand  but
not  to  exceed  two thousand dollars for the first such offense, and at
minimum in the amount of two thousand but not to exceed  three  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 section 23 of part A of
chapter 20 of the laws of 2015, 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 at minimum in the amount of
one thousand but not to exceed two thousand dollars for the  first  such
offense,  and  at  a  minimum  in  the amount of two thousand but not to
exceed three 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

S. 2829--A                          3

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.