S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5064
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
   Committee on Housing
 
 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 subdivision 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;
   § 2. Paragraph 10 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, 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;
   § 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.
                                                            LBD09471-01-7
              

 A. 5064                             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
   §  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
   § 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:
   § 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.
   § 7. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law; provided that:
   (a)  the  amendments  to  subdivision  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.