NY State Senate Bill 2019-S5724

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to housing, construction and community development
May 13, 2019	referred to housing, construction and community development

2019-S5724 (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: New York City Administrative Code
Laws Affected:: Amd §26-511, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2021-2022: S6827
2023-2024: S7606

2019-S5724 (ACTIVE) - Summary

Prohibits the owner of a building from declining to renew a lease to a tenant whose lease term started prior to the owner's purchase of the building on the grounds of occupancy by the owner or an immediate family member.

2019-S5724 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5724

SPONSOR: SALAZAR
 
TITLE OF BILL:  An act to amend the administrative code of the city of
New York, in relation to prohibiting the owner of a building from
declining to renew a lease to a tenant whose lease term started prior to
the owner's purchase of the building on the grounds of occupancy by the
owner or an immediate family member

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation amends the rent stabilization provisions of the Code to
prohibit an owner of a building from declining to renew a lease to a
tenant whose lease term started prior to the owner's purchase of the
building on the grounds of occupancy by the owner or an immediate family
member.

 
SUMMARY OF PROVISIONS:

Section 1 amends subparagraph (b) of paragraph 9 of subdivision c of
section 26-511 of the administrative code of the city of New York, which

allows under certain circumstances - an owner to seek to recover
possession of a dwelling unit for his or her personal occupancy as his
or her primary residence or for the primary residence of an immediate
family member, by establishing an additional exception that this
provision does not apply where the tenant's initial tenancy commenced
before the owner acquired the building.

Section 2 provides that this act shall take effect immediately, provided
that this act does not affect the expiration of section 26-511 of chap-
ter 4 of title 26 of the administrative code of the city of New York as
established under section 26-520 of such law.

 
JUSTIFICATION:

This bill protects rent-stabilized tenants whose tenancies commenced
prior to the date an owner acquired the building from eviction based on
the new owner seeking to use the premises as his or her primary resi-
dence. The purpose is to protect long-term tenants from displacement.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
Immediate, provided that this act does not affect the expiration of
section 26-511 of chapter 4 of title 26 of the administrative code of
the city of New York as established under section 26-520 of such law.

2019-S5724 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5724
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 13, 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, in
   relation to prohibiting the owner of  a  building  from  declining  to
   renew  a  lease  to  a  tenant  whose  lease term started prior to the
   owner's purchase of the building on the grounds of  occupancy  by  the
   owner or an immediate family member
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (b) of paragraph 9 of subdivision c of section
 26-511 of the administrative code of the city of New York is amended  to
 read as follows:
   (b)  where he or she seeks to recover possession of one or more dwell-
 ing units for his or her own personal use and occupancy as  his  or  her
 primary  residence  in the city of New York and/or for the use and occu-
 pancy of a member of his or her immediate family as his or  her  primary
 residence  in the city of New York, provided however, that this subpara-
 graph shall not apply where THE TENANT'S INITIAL TENANCY, OR THE INITIAL
 TENANCY OF  ANY  FAMILY  MEMBER  OF  THE  TENANT  TO  WHICH  THE  TENANT
 SUCCEEDED,  COMMENCED  BEFORE THE OWNER ACQUIRED THE BUILDING CONTAINING
 SUCH DWELLING UNITS. FURTHERMORE,  THIS  SUBPARAGRAPH  SHALL  NOT  APPLY
 WHERE a tenant or the spouse of a tenant lawfully occupying the dwelling
 unit  is  sixty-two  years  of  age or older, or has an impairment which
 results from  anatomical,  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,
 unless such owner offers to provide and if requested, provides an equiv-
 alent  or superior housing accommodation at the same or lower stabilized
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10084-01-9

 S. 5724                             2
 
 rent in a closely proximate area. The provisions  of  this  subparagraph
 shall  only  permit  one  of  the  individual  owners of any building to
 recover possession of one or more dwelling units  for  his  or  her  own
 personal  use and/or for that of his or her immediate family. Any dwell-
 ing unit recovered by an owner pursuant to this subparagraph  shall  not
 for  a period of three years be rented, leased, subleased or assigned to
 any person other than a person for whose benefit recovery of the  dwell-
 ing  unit is permitted pursuant to this subparagraph or to the tenant in
 occupancy at the time of recovery under the same terms as  the  original
 lease.  This  subparagraph shall not be deemed to establish or eliminate
 any claim that the former tenant of the dwelling unit may otherwise have
 against the owner. Any such rental, lease, sublease or assignment during
 such period to any other person may be subject to a penalty of a forfei-
 ture of the right to any increases in residential rents in such building
 for a period of three years; or
   § 2. This act shall take effect immediately; provided that the  amend-
 ments  to  section 26-511 of chapter 4 of title 26 of the administrative
 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S5724

Sponsored By

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

2019-S5724 (ACTIVE) - Details

2019-S5724 (ACTIVE) - Summary

2019-S5724 (ACTIVE) - Sponsor Memo

2019-S5724 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5724

Share this bill

Sponsored By

Julia Salazar

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

2019-S5724 (ACTIVE) - Details

2019-S5724 (ACTIVE) - Summary

2019-S5724 (ACTIVE) - Sponsor Memo

2019-S5724 (ACTIVE) - Bill Text download pdf

Comments