NY State Senate Bill 2019-S8855

Senate Bill S8855

2019-2020 Legislative Session

Provides that all declarations of housing emergency that were in effect as of March 7, 2020 shall remain in effect until 2 years after the emergency declared pursuant to Executive Order 202 of 2020 ends

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Archive: Last Bill Status - In Senate Committee Rules 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
Jul 29, 2020	referred to rules

co-Sponsors

2019-S8855 (ACTIVE) - Details

See Assembly Version of this Bill:: A10909
Current Committee:: Senate Rules
Law Section:: Housing
Versions Introduced in 2021-2022 Legislative Session:: S433, A3064

2019-S8855 (ACTIVE) - Summary

Provides that all declarations of housing emergency that were in full force and effect as of March 7, 2020 shall remain in full force and effect until the date that is two years after the expiration of the state disaster emergency declared pursuant to Executive Order 202 of 2020.

2019-S8855 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8855

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act providing for the continuation of certain declarations of housing
emergency that were in full force and effect as of March 7, 2020

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure that declarations of housing emergency that provide the basis
for New York's system of rent regulations remain in effect, regardless
of the local vacancy rate.

 
SUMMARY OF SPECIFIC PROVISIONS:

This bill provides that notwithstanding applicable law, all declarations
of housing emergency pursuant to the Emergency Tenant Protection Act of
1974, the Local Emergency Housing Rent Control Act, the NYC Administra-
tive Code, and the Emergency Housing Rent Control Law that were in full
force and effect as of March 7th, 2020 shall remain in full force and

effect until 2 years after the expiration of the State Disaster Emergen-
cy declared pursuant to Executive Order 202 of 2020.

 
JUSTIFICATION:

The COVID-19 pandemic has caused tremendous hardship for New York's
renters. As of June 2020, New York City's unemployment rate was a stun-
ning 20.4% and New York State's was 15.7%. A recent study from the
Community Housing Improvement Program (CHIP) which represents property
owners, found that about 25% of renters have been unable to pay their
rent during the pandemic.

The State has acted to protect tenants from eviction due to the impacts
of the pandemic on their finances. However, because many New Yorkers
have vacated their apartments during the worst of the pandemic to
protect their health and safety, this crisis risks compromising the
entire system of rent regulation in New York City, as the statutory
basis for rent regulation is predicated upon a local vacancy rate of
less than five percent.

Studies have shown that those who left the city between March lst and
May 1st were disproportionately likely to live in wealthier neighbor-
hoods. The fact that these New Yorkers can afford to relocate, either
temporarily or permanently, to less dense areas does not change the fact
that rent regulations are a crucial protection for tenants of the rough-
ly one million rent stabilized apartments in New York City.

This legislation would ensure that New York's rent regulations continue
to be in full force and effect during the COVID-19 pandemic and its
aftermath in order to protect access to affordable housing for those
tenants.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S8855 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8855
 
                             I N  S E N A T E
 
                               July 29, 2020
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT providing for the continuation of certain declarations of housing
   emergency that were in full force and effect as of March 7, 2020
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  a. For the purposes of this act, "declarations of housing
 emergency" means:
   (i) all determinations by the local legislative body of a  city,  town
 or  village of the existence of a public emergency pursuant to section 3
 of the emergency tenant protection act of nineteen seventy-four;
   (ii) the public emergency requiring  the  regulation  and  control  of
 residential  rents and evictions as provided in subdivision 3 of section
 1 of the local emergency housing rent control act;
   (iii) the serious public emergencies  declared  pursuant  to  sections
 26-401,  26-501 and 26-502 of the administrative code of the city of New
 York; and
   (iv) the serious public emergency declared pursuant to  section  1  of
 the emergency housing rent control law.
   b. Notwithstanding the provisions of section 3 of the emergency tenant
 protection  act  of  nineteen  seventy-four,  sections  26-401,  26-414,
 26-501, 26-502, and 26-520 of the administrative code of the city of New
 York, and any other applicable provisions of law,  all  declarations  of
 housing emergency that were in full force and effect as of March 7, 2020
 shall  remain  in full force and effect until the date that is two years
 after the expiration of the state disaster emergency, as  such  term  is
 defined  in section 20 of the executive law, declared pursuant to Execu-
 tive Order 202 of 2020, as amended,  and  as  further  extended  by  any
 subsequent  or future executive order, regardless of whether the vacancy
 rate for the municipality in which the housing accommodation is  located
 or  for the class of such housing accommodation within such municipality
 is in excess of five percent.
   § 2. This act shall take effect immediately.

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

                                                            LBD17034-01-0

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Senate Bill S8855

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Sponsored By

Brad Hoylman-Sigal