BILL NUMBER:  S3267

 TITLE OF BILL :

An act to amend the New York city charter, in relation to willful
neglect of real property prevention

 PURPOSE OR GENERAL IDEA OF BILL :

This bill provides for protection, preservation and improvement of
rent stabilized multi-family rental property in which some landlords
willfully neglect repairs, improvements, or otherwise affected the
existing conditions of properties precipitating the conditions that
reduce the habitability of the units, resulting in condemnation and
eviction of existing tenants with the intent to build higher cost or
luxury housing in a climate wherein real property prices are rising at
an unprecedented rate.

 SUMMARY OF SPECIFIC PROVISIONS :

Provides that HPD after three or more good faith complaints by or on
behalf of tenants and wherein within 120 days such conditions have not
been addressed or remedied by the landlord; and following the
consensus of fifty percent or more of the tenants, the city shall
compel the landlord or responsible entity to undertake repairs and/or
cease in actions that affect the safety and well-being of tenants.
              

Furthermore, the bill provides that if the repairs are not completed
or negative actions have not ceased and if elements essential to the
safety and well-being of residents have not been replaced, the city
shall place a lien on the property equal to the costs of repairs,
improvements, replacements and treatment measures and administrative
fees required to remedy the property.

The bill further requires that HPD shall assess the costs of repair
and actions needed to make property habitable and safe and assign a
community based housing corporation to manage the repair process for a
fee. Financing of the repairs shall be made possible by a personal
income tax revenue bond authorized by the New York state housing
finance agency. The responsible landlord shall be responsible
reimbursing the city for the costs of repairs, interest, penalties and
administrative management fees to the community based housing
corporation.

Should repairs require the relocation of tenants, the responsible
party will be responsible for finding comparable housing for the
tenants in a closely proximate area, at a comparable or lower rate and
assume relocation costs and should the rent be higher, the difference
between the current rent and the rent at the relocated site.

Finally the bill requires HPD to establish an imminent danger list of
properties for which more than five complaints, the nature of which
pose a threat to the health and safety of tenants, are filed during
the course of a calendar year.

 JUSTIFICATION :

For a number of years, reports of willful neglect on the part of
predatory landlords appeared to be isolated and random against the
backdrop of thousands of rent-regulated properties. As the demand for
housing and increasing commensurate costs and development profit
margins, the trend to willfully debilitate the integrity of
rent-regulated properties to the point of condemnation leading to
demolition for the purpose of developing high income luxury units.

The desire to live in locations within or in proximity of Manhattan
has impacted housing in central/northeastern Brooklyn, from Flatbush
to Bushwick; the western Bronx; Upper Manhattan, from East Harlem to
Washington Heights; and Lower Manhattan, Chinatown and the Lower East
Side{1}.

The acts have included failure to maintain exterior walls, interior
walls, and boilers and as of late have escalated to outright acts of
demolition in the name of bogus non-sanctioned construction; removing
essential services i.e. water, heat, commodes; and threats of imminent
eviction without cause.

Mayor DeBlasio has established a ten-year housing $41 billion plan
that aspires to the creation or preservation of 200,000 affordable
housing units. The actions of this group of landlords threatens to
take the plan two steps back for every step forward. Moreover, the
displacement of the affected tenants threatens to change the character
of the targeted communities with no possibility of reintegrating
tenants in need of affordable housing e.g. municipal employees,
service industry workers, and health care providers ranging from the
working poor to the middle class. Justifiably, residents in these
communities are suspicious of any development efforts in their
neighborhoods maintaining that development is being done to them
without consideration and not with them in consultation.  The
prevailing opinion is that a wave of secondary displacement pressures,
would negatively affect both long-term residents and existing
businesses.(2)

{1} Metropolitan Council

{2} Michael McKee, treasure of Tenants Political Action Committee

 LEGISLATIVE HISTORY :

2015-16: S.3990 - Referred to Cities

 EFFECTIVE DATE :
Immediately