NY State Senate Bill 2015-S5840

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to housing, construction and community development
Jun 05, 2015	referred to housing, construction and community development

co-Sponsors

2015-S5840 (ACTIVE) - Details

See Assembly Version of this Bill:: A8121
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Emergency Tenant Protection Act of 1974
Laws Affected:: Amd §5, Emerg Ten Prot Act of 1974; amd §§26-403 & 26-511, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4378, A5064
2019-2020: S1921, A7032, A7702
2021-2022: S1040
2023-2024: S3388

2015-S5840 (ACTIVE) - Summary

Relates to rent regulated and rent stabilized housing accommodations by tenants over sixty-two years of age.

2015-S5840 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5840

TITLE OF BILL:  An act to amend the emergency tenant protection act of
nineteen seventy-four and the administrative code of the city of New
York, in relation to certain housing accommodations by tenants over
sixty-two years of age

PURPOSE OR GENERAL IDEA OF BILL:  This bill would add protections for
senior citizens who live in housing units owned or operated by
charitable organizations; those units are currently exempt from
regulation, thus putting vulnerable seniors at risk of being removed
from their homes

SUMMARY OF SPECIFIC PROVISIONS:  The bill would amend the Emergency
Tenant Protection Act of 1974 and the NYC Administrative Code to
narrow the exemption for charitable organizations, so that tenants who
are 62 or older, and who live in housing owned or operated by
charitable organizations, will be protected by the various rent
regulation laws. Currently, charitable organizations are exempt from
these laws. This legislation would not remove the exemption for
charitable organizations, but it would amend the text of the exemption
so that senior citizens are protected It adds substantially similar
language - excluding housing units occupied by seniors from the
charitable organization exemption - to the relevant sections of the
rent statutes Sections 1 and of the bill amend the ETPA, and sections
3-6 amend the NYC Administrative Code

JUSTIFICATION:  Expanding rental protections to cover seniors who live
in buildings operated by not-for-profit organizations is critical in
helping New York City address a shortfall of affordable senior housing
Not-for-profits own and operate a variety of housing accommodations,
including those that also offer supportive services targeted to
seniors. Such facilities essentially operate as Naturally Occurring
Retirement Communities, a model which allows seniors to age in place
with support and delay or prevent institutionalization This model is
regarded as one of the best interventions for reducing hospitalization
rates, expenditures related to health care and homelessness, while
improving the stability and economic sufficiency of the senior
population Unfortunately, the current exemption for charitable
organizations is allowing some facilities to be closed in a way that
puts seniors at risk of moving and the associated transfer trauma, and
also significantly reduces the number of affordable housing units with
supportive services. Two facilities, one in Manhattan and one in
Brooklyn, are now in the process of being closed, endangering
vulnerable seniors and removing approximately 475 critically needed
units from the existing pool of senior housing

PRIOR LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None to state or local government.

EFFECTIVE DATE: 60 days after having become law, provided that the
amendments to each underlying section of law shall expire on the same
date as each underlying amended act and shall not affect the
expiration of each such underlying act

2015-S5840 (ACTIVE) - Bill Text download pdf

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

                                  5840

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 5, 2015
                               ___________

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  certain housing accommodations by tenants over sixty-two
  years of age

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

  Section  1.  Paragraph  6 of subsection a of section 5 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 403 of
the laws of 1983, is amended to read as follows:
  (6) housing accommodations owned or operated by a  hospital,  convent,
monastery, asylum, public institution, or college or school dormitory or
any  institution  operated  exclusively  for  charitable  or educational
purposes on a non-profit basis other than those accommodations  occupied
by  a  tenant  on the date such housing accommodation is acquired by any
such institution, [or] which are occupied subsequently by a  tenant  who
is not affiliated with such institution at the time of his initial occu-
pancy, OR WHERE THE HOUSING ACCOMMODATIONS ARE OCCUPIED BY A NON-AFFILI-
ATED TENANT WHO IS SIXTY-TWO YEARS OF AGE OR OLDER;
  S 2. Paragraph 10 of subsection a of 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 to read as follows:
  (10) housing accommodations  in  buildings  operated  exclusively  for
charitable  purposes on a non-profit basis, UNLESS SUCH HOUSING ACCOMMO-
DATIONS ARE OCCUPIED BY A TENANT WHO IS SIXTY-TWO YEARS OF AGE OR OLDER;
  S 3. Subparagraph (b) of paragraph  2  of  subdivision  e  of  section
26-403  of the administrative code of the city of New York is amended to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09996-02-5

S. 5840                             2

  (b) a hospital, convent, monastery,  asylum,  public  institution,  or
college  or school dormitory or any institution operated exclusively for
charitable or educational purposes on a non-profit  basis,  UNLESS  SUCH
HOUSING  ACCOMMODATIONS  ARE  OCCUPIED BY A NON-AFFILIATED TENANT WHO IS
SIXTY-TWO YEARS OF AGE OR OLDER; or
  S  4.  Subparagraph  (g)  of  paragraph  2 of subdivision e of section
26-403 of the administrative code of the city of New York is amended  to
read as follows:
  (g) Housing accommodations in buildings operated exclusively for char-
itable  purposes  on  a  non-profit  basis, UNLESS SUCH HOUSING ACCOMMO-
DATIONS ARE OCCUPIED BY A TENANT WHO IS SIXTY-TWO YEARS OF AGE OR OLDER;
or
  S 5. The opening paragraph of subparagraph c of paragraph 9 of  subdi-
vision c of section 26-511 of the administrative code of the city of New
York is amended to read as follows:
  where  the  housing  accommodation  is  owned  by a hospital, convent,
monastery, asylum, public institution, college, school dormitory or  any
institution  operated exclusively for charitable or educational purposes
on a non-profit basis, UNLESS SUCH HOUSING ACCOMMODATION IS OCCUPIED  BY
A TENANT WHO IS SIXTY-TWO YEARS OF AGE OR OLDER, and either:
  S 6. 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 7. This act shall take effect on the sixtieth  day  after  it  shall
have become a law; provided that:
  (a)  the  amendments  to  subsection  a  of section 5 of 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;
  (b) the amendments to section 26-403 of the city  rent  and  rehabili-
tation  law  made by sections three and four of this act shall remain in
full force and effect only as 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
  (c) the amendments to subparagraph c of paragraph 9 of  subdivision  c
of section 26-511 of chapter 4 of title 26 of the administrative code of
the  city  of  New York made by section five 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.

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Senate Bill S5840

Sponsored By

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

co-Sponsors

2015-S5840 (ACTIVE) - Details

2015-S5840 (ACTIVE) - Summary

2015-S5840 (ACTIVE) - Sponsor Memo

2015-S5840 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5840

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Sponsored By

Liz Krueger

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

co-Sponsors

Gustavo Rivera

2015-S5840 (ACTIVE) - Details

2015-S5840 (ACTIVE) - Summary

2015-S5840 (ACTIVE) - Sponsor Memo

2015-S5840 (ACTIVE) - Bill Text download pdf

Comments