NY State Senate Bill 2019-S5119

Senate Bill S5119

2019-2020 Legislative Session

Provides for the declaration of housing emergencies for rental housing accommodations located in buildings owned by certain limited-profit housing companies

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
Apr 09, 2019	referred to housing, construction and community development

2019-S5119 (ACTIVE) - Details

See Assembly Version of this Bill:: A3851
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
Versions Introduced in Other Legislative Sessions:: 2009-2010: A2498
2011-2012: A2750
2013-2014: A4051
2015-2016: A2917
2017-2018: A3541
2021-2022: S2854, A3268

2019-S5119 (ACTIVE) - Summary

Provides for the declaration of housing emergencies for rental housing accommodations located in buildings owned by certain limited-profit housing companies.

2019-S5119 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5119

SPONSOR: KAVANAGH
 
TITLE OF BILL:  An act to amend the emergency tenant protection act of
nineteen seventy-four, in relation to the declaration of housing emer-
gencies for rental housing accommodations located in buildings owned by
certain limited-profit housing companies

 
PURPOSE OF BILL:

The purpose of this bill is to protect tenants living in former Mitc-
hell-Lama buildings that have undergone a voluntary dissolution.

 
SUMMARY OF PROVISIONS:

Section 1 amends section five of section four of chapter 576 of the laws
of 1974, constituting the emergency tenant protection act of nineteen
severity-four, by adding a new subdivision c to include buildings that
were owned by a company established under Article 2 of the Private Hous-
ing Finance Law and are no longer owned by such company by reason of a
voluntary dissolution as a class of-housing protected by the rent

stabilization law, regardless of the date of initial occupancy.

 
JUSTIFICATION:

Many limited-profit housing companies are exercising their option to
pre-pay their State subsidized mortgages and "buy-out" of the Mitchell-
Lama moderate income housing program. In the event of a buy-out, exist-
ing tenants will face eviction if they cannot afford the new market-rate
rents in these buildings. This legislation seeks to ensure that these
tenants can continue to afford to live in their current apartments.

 
LEGISLATIVE HISTORY:

2018:A3541(Pretlow)- Ordered to third reading cal.275
2017:A3541(Pretlow)- Referred to Housing.
2016:A2917(Pretlow)- Advanced to third reading cal.648
2015:A2917(Pretlow)- Referred to Housing
2014:A4051(Pretlow)- Passed Assembly and died in Senate Housing,
Construction, and Cemmunity Development
2013: A4051 (Pretlow) - Advanced to third reading cal.74
2012: A2750A (Pretlow) - Passed Assembly and died in Senate Rules
2011: A2750A (Pretlow)- Referred to Housing
2010: S8431 (RULES) /A2498 (Pretlow) - Passed Assembly and ordered to
third reading cal.1435
2009: A2498 (Pretlow) - Passed Assembly and died in Sencte Housing,
Construction, and Community Development
2008: A4196 (Pret)ow) -- Passed Assembly and died in Senate Rules
2007: A4196 (Pretlow)Passed Assembly sod died in Sena.tc Rules
2006: 1t2522 (Pretlow) - Passed Assembly and died in Sonate Housing,
Construction, and Community Development
2005: A2522 (Pretlow) - Passed Assembly and died in Senate Eousing,
Construction, and Community Development
2004: A670A (Pretlow) - Passed Assembly and died in Senate Housing,
Construction, and Community Development
2003: A610A (Pretlow) - Referred to Housing
2002: A3064 (Pretlow) - Ordered to third reading rules cs1.1063
2001: A3064 (Pretlow) Referred to Ways and Hearts
2000: A8494 (Pretiow) - Ordered to third reading rules cal.1179
1999: A5494 (Pretlow) - Ordered to third cording rules cal.913

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to housing compa-
nies that dissolve before, on or after such date; provided, however,
that the amendments to the emergency tenant protection act of nineteen
seventy-four made by this act shall not affect the expiration of such
act as provided in section 17 of chaptcr 576 of the laws of 1974, as
amended and shall be deemed to expire therewith.

2019-S5119 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5119
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               April 9, 2019
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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, in relation to the declaration  of  housing  emergencies  for
   rental  housing  accommodations  located in buildings owned by certain
   limited-profit housing companies
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 5 of 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 subdivision c to read as follows:
   C. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH THREE OR FIVE OF SUBDI-
 VISION  A OF THIS SECTION BUT SUBJECT TO ANY OTHER APPLICABLE EXCEPTIONS
 IN SUCH SUBDIVISION, RENTAL HOUSING ACCOMMODATIONS LOCATED IN  BUILDINGS
 WHICH WERE OWNED BY A COMPANY ESTABLISHED UNDER ARTICLE 2 OF THE PRIVATE
 HOUSING  FINANCE  LAW,  OTHER  THAN  A  MUTUAL COMPANY, THAT VOLUNTARILY
 DISSOLVED PURSUANT TO SECTION 35 OF SUCH LAW SHALL BE FULLY  SUBJECT  TO
 THE  PROVISIONS  OF THIS ACT.  THE PROVISION OF SUBDIVISION A OF SECTION
 NINE OF THIS ACT SHALL NOT APPLY  TO  ANY  HOUSING  ACCOMMODATION  WHICH
 BECAME SUBJECT TO THIS ACT PURSUANT TO THIS SUBDIVISION.
   § 2. This act shall take effect immediately and shall apply to housing
 companies  that dissolve before, on or after such date; provided, howev-
 er, that the amendments to the emergency tenant protection act of  nine-
 teen  seventy-four  made  by this act shall not affect the expiration of
 such act as provided in section 17 of chapter 576 of the laws  of  1974,
 as amended and shall be deemed to expire therewith.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06632-01-9

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