NY State Senate Bill 2019-S1921

Senate Bill S1921

2019-2020 Legislative Session

Relates to certain housing accommodations by tenants over sixty-two years of age or a tenant with a disability

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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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to housing, construction and community development
Jan 17, 2019	referred to housing, construction and community development

co-Sponsors

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2019-S1921 (ACTIVE) - Details

See Assembly Version of this Bill:: A7702
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
2017-2018: S4378, A5064
2021-2022: S1040
2023-2024: S3388

2019-S1921 (ACTIVE) - Summary

Relates to rent regulated and rent stabilized housing accommodations by tenants over sixty-two years of age or a tenant with a disability.

2019-S1921 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1921

SPONSOR: KRUEGER
 
TITLE OF BILL:

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
or tenants with a disability

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would add protections for senior citizens or a tenant with a
disability 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 organiza-

tions, so that tenants who are 62 or older or those with a disability,
and who live in housing owned or operated by charitable organizations,
will be protected by the various rent regulation laws.  Currently, char-
itable 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 or those with a disability 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 hospitaliza-
tion rates, expenditures related to health care and homelessness, while
improving the stability and economic sufficiency of the senior popu-
lation 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 significant-
ly 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

 
LEGISLATIVE HISTORY:

2017-2018: S.4378/A.5064 O'Donnell - Housing
2015-2016: S.5840/A.8121 O'Donnell - 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 underly-
ing amended act and shall not affect the expiration of each such under-
lying act

2019-S1921 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1921
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2019
                                ___________
 
 Introduced  by  Sens.  KRUEGER,  HOYLMAN, 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 or tenants with a disability
 
   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 OR BY A NON-AFFILIAT-
 ED  TENANT  WHO  SUFFERS  FROM  A  DISABILITY  AS DEFINED IN SUBDIVISION
 TWENTY-ONE OF SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW;
   § 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
 OR  BY  A NON-AFFILIATED TENANT WHO SUFFERS FROM A DISABILITY AS DEFINED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02056-01-9

 S. 1921                             2
 
 IN SUBDIVISION TWENTY-ONE OF SECTION TWO HUNDRED NINETY-TWO OF THE EXEC-
 UTIVE LAW;
   §  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:
   (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  BY A NON-AFFILIATED TENANT WHO
 SUFFERS FROM A  DISABILITY  AS  DEFINED  IN  SUBDIVISION  TWENTY-ONE  OF
 SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW; 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  A  TENANT  WHO  SUFFERS  FROM A DISABILITY AS DEFINED IN SUBDIVISION
 TWENTY-ONE OF SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW; 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 OR A TENANT WHO SUFFERS
 FROM A DISABILITY AS DEFINED IN SUBDIVISION TWENTY-ONE  OF  SECTION  TWO
 HUNDRED NINETY-TWO OF THE EXECUTIVE LAW, 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 S1921

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Sponsored By

Liz Krueger

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

co-Sponsors

Brad Hoylman-Sigal

John C. Liu

Velmanette Montgomery

Jessica Ramos

2019-S1921 (ACTIVE) - Details

2019-S1921 (ACTIVE) - Summary

2019-S1921 (ACTIVE) - Sponsor Memo

2019-S1921 (ACTIVE) - Bill Text download pdf

Comments