NY State Senate Bill 2017-S4378

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 03, 2018	referred to housing, construction and community development
Feb 10, 2017	referred to housing, construction and community development

co-Sponsors

2017-S4378 (ACTIVE) - Details

See Assembly Version of this Bill:: A5064
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:: 2015-2016: S5840, A8121
2019-2020: S1921, A7032, A7702
2021-2022: S1040
2023-2024: S3388

2017-S4378 (ACTIVE) - Summary

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

2017-S4378 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4378

 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

 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

2017-S4378 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4378
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2017
                                ___________
 
 Introduced  by  Sens. KRUEGER, MONTGOMERY, RIVERA, 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 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

 S. 4378                             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.

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Senate Bill S4378

Sponsored By

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

co-Sponsors

2017-S4378 (ACTIVE) - Details

2017-S4378 (ACTIVE) - Summary

2017-S4378 (ACTIVE) - Sponsor Memo

2017-S4378 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4378

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Sponsored By

Liz Krueger

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

co-Sponsors

Velmanette Montgomery

Gustavo Rivera

Jose M. Serrano

2017-S4378 (ACTIVE) - Details

2017-S4378 (ACTIVE) - Summary

2017-S4378 (ACTIVE) - Sponsor Memo

2017-S4378 (ACTIVE) - Bill Text download pdf

Comments