S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3186
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2017
                                ___________
 
 Introduced  by  Sens.  KRUEGER,  HAMILTON, HOYLMAN, MONTGOMERY, PERKINS,
   SERRANO -- 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:
   § 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.
   § 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
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05268-01-7

 S. 3186                             2
 
 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 hear-
 ing, 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
   § 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.
   § 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
   § 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.
   § 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.