NY State Senate Bill 2019-S2891

Senate Bill S2891

2019-2020 Legislative Session

Provides that tenants shall be offered the option of a one, two, three or four year renewal lease; repealer

download bill text pdf

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 30, 2019	referred to housing, construction and community development

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2019-S2891 (ACTIVE) - Details

See Assembly Version of this Bill:: A6567
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: New York City Administrative Code
Laws Affected:: Amd §26-511, rpld §26-511 sub c ¶5-a, NYC Ad Cd; amd §10, rpld §10 sub (a-1), Emerg Ten Prot Act of 1974
Versions Introduced in 2021-2022 Legislative Session:: A2436

2019-S2891 (ACTIVE) - Summary

Provides that tenants shall be offered the option of a one, two, three or four year renewal lease; repeals certain provisions relating to the increase in rent for such renewal leases.

2019-S2891 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2891

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the administrative code of the city of New York and the
emergency tenant protection act of nineteen seventy-four, in relation to
the duration of renewal leases; and to repeal certain provisions of such
laws relating to the increase in rent for such renewal leases

 
PURPOSE:

The purpose of this legislation is to provide residential tenants
already protected by the stabilization provisions of the New York City
Administrative Code or the emergency tenant protection act of 1974, as
amended, with the option of one, two, three or four year leases. Current
law only provides the option of one or two year leases.

 
SUMMARY OF PROVISIONS:

Section one amends Section 26-511 (4) (c) of the administrative code of

the City of New York by requiring owners covered by the stabilization
provisions to grant three or four lease options to tenants in addition
to the already existing requirement of one or two year lease options.

Section 2 amends subdivision a of section 10 of section 4 of chapter 576
of the laws of 1974, constituting the emergency tenant protection act of
1974, as amended by chapter 234 of the laws of 1984, applicable to
cities having a population of less than one million and to towns and
villages, by requiring owners to grant three or four lease options to
tenants in addition to the already existing requirement of one or two
year lease options.

Section 3 provides that this Act will be effective immediately and
further provides that the amendments implemented in this Act shall
expire on the same dates that the underlying laws expire.

 
EXISTING LAW:

Existing law requires owners covered by the NYC Administrative Code
stabilization provisions and those covered by the emergency tenant
protection act of 1974 to grant tenants one or two year lease options.

 
JUSTIFICATION:

By requiring owners of to grant tenants three or four year lease options
in addition to the existing one- or two-year lease options this measure
provides protections to tenants to enhance the stability of housing
accommodations for themselves and their families. Current pricing of
rental housing and supply and demand variables have increased displace-
ment of individuals and families holding one or two year leases and
subjects them to possible homelessness and forces them to increasingly
unaffordable rents being charged for limited safe and adequate housing
stock.

 
LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This Act shall take effect immediately and further provides that the
amendments implemented in this Act shall expire on the same dates that
the underlying laws expire.

2019-S2891 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2891
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2019
                                ___________
 
 Introduced  by  Sen. SALAZAR -- 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 administrative code of the city of New York and the
   emergency tenant protection act of nineteen seventy-four, in  relation
   to the duration of renewal leases; and to repeal certain provisions of
   such laws relating to the increase in rent for such renewal leases
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 4 of subdivision  c  of  section  26-511  of  the
 administrative  code  of  the  city  of  New  York is amended to read as
 follows:
   (4) includes provisions requiring owners to grant a [one or two]  ONE,
 TWO,  THREE  OR  FOUR year vacancy or renewal lease at the option of the
 tenant except where a mortgage or mortgage  commitment  existing  as  of
 April  first,  nineteen  hundred sixty-nine, provides that the mortgagor
 shall not grant a one year lease;
   § 2. Paragraph 5-a of subdivision c of section 26-511 of the  adminis-
 trative code of the city of New York is REPEALED.
   §  3.  Subdivision  a of section 10 of section 4 of chapter 576 of the
 laws of 1974, constituting the emergency tenant protection act of  nine-
 teen  seventy-four,  as  amended  by chapter 234 of the laws of 1984, is
 amended to read as follows:
   a. For cities having a population of less than one million  and  towns
 and  villages, the state division of housing and community renewal shall
 be empowered to implement this  act  by  appropriate  regulations.  Such
 regulations  may encompass such speculative or manipulative practices or
 renting or leasing practices as the state division of housing and commu-
 nity renewal determines constitute or are likely to cause  circumvention
 of  this act. Such regulations shall prohibit practices which are likely
 to prevent any person from asserting any right or remedy granted by this

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

                                                            LBD08685-02-9

 S. 2891                             2
 
 act, including but not limited to retaliatory  termination  of  periodic
 tenancies and shall require owners to grant a new [one or two] ONE, TWO,
 THREE OR FOUR year vacancy or renewal lease at the option of the tenant,
 except  where a mortgage or mortgage commitment existing as of the local
 effective date of this act provides that the owner  shall  not  grant  a
 one-year  lease; and shall prescribe standards with respect to the terms
 and conditions of new and  renewal  leases,  additional  rent  and  such
 related  matters  as security deposits, advance rental payments, the use
 of escalator clauses in leases and provision for increase in rentals for
 garages and other ancillary facilities, so as to insure that  the  level
 of  rent adjustments authorized under this law will not be subverted and
 made ineffective. Any provision of the regulations permitting  an  owner
 to  refuse  to  renew a lease on grounds that the owner seeks to recover
 possession of the housing accommodation for his own use and occupancy or
 for the use and occupancy of his immediate family shall require that  an
 owner  demonstrate  immediate  and  compelling  need and shall not apply
 where a member of the housing accommodation is sixty-two years of age or
 older, has been a tenant in a housing accommodation in that building for
 twenty years or more, or has an impairment which  results  from  anatom-
 ical, physiological or psychological conditions, other than addiction to
 alcohol,  gambling,  or any controlled substance, which are demonstrable
 by medically acceptable clinical and laboratory  diagnostic  techniques,
 and which are expected to be permanent and which prevent the tenant from
 engaging in any substantial gainful employment.
   §  4.  Subdivision  (a-1) of section 10 of section 4 of chapter 576 of
 the laws of 1974, constituting the emergency tenant  protection  act  of
 nineteen seventy-four, is REPEALED.
   §  5.  This act shall take effect immediately; provided, however, that
 the amendments to section 26-511 of chapter 4 of title 26 of the  admin-
 istrative  code  of the city of New York made by section one 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;
 and provided, further, that the amendments to section 10 of the emergen-
 cy  tenant protection act of nineteen seventy-four made by section three
 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 chap-
 ter 576 of the laws of 1974, as amended.

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