NY State Assembly Bill 2021-A9802B

Assembly Bill A9802B

2021-2022 Legislative Session

Establishes a program to address the legalization of specified basements and cellars and the conversion of other specified basements and cellars in a city with a population of one million or more

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Archive: Last Bill Status - In Assembly 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
May 23, 2022	print number 9802b
May 23, 2022	amend (t) and recommit to local governments
May 16, 2022	print number 9802a
May 16, 2022	amend (t) and recommit to local governments
Apr 18, 2022	referred to local governments

Bill Amendments

Original

B (Active)

co-Sponsors

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2021-A9802 - Details

See Senate Version of this Bill:: S8783
Current Committee:: Assembly Local Governments
Law Section:: Multiple Dwelling Law
Laws Affected:: Add Art 7-D §§288 - 290, Mult Dwell L; amd §§472 & 473, Priv Hous Fin L
Versions Introduced in 2023-2024 Legislative Session:: A1075, S2276

2021-A9802 - Summary

Establishes a program to address the legalization of specified basements and cellars and the conversion of other specified basements and cellars in a city with a population of one million or more.

2021-A9802 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 8783                                                  A. 9802
 
                       S E N A T E - A S S E M B L Y
 
                              April 18, 2022
                                ___________
 
 IN  SENATE  --  Introduced  by  Sen.  KAVANAGH -- read twice and ordered
   printed, and when printed to be committed to the Committee on  Judici-
   ary
 
 IN  ASSEMBLY -- Introduced by M. of A. EPSTEIN -- read once and referred
   to the Committee on Local Governments
 
 AN ACT to amend the real property law, in  relation  to  establishing  a
   program  to  address  the legalization of specified accessory dwelling
   units in a city with a population of one million or more
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The real property law is amended by adding a new article 16
 to read as follows:
                                 ARTICLE 16
                         ACCESSORY DWELLING UNITS
 SECTION 480. DEFINITIONS.
         481. ACCESSORY DWELLING UNIT REGULATIONS AND LOCAL LAWS.
         482. TENANT PROTECTIONS.
   § 480. DEFINITIONS. AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHER-
 WISE REQUIRES, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "ACCESSORY  DWELLING  UNIT"  SHALL  MEAN AN ATTACHED OR A DETACHED
 RESIDENTIAL DWELLING UNIT  THAT  PROVIDES  COMPLETE  INDEPENDENT  LIVING
 FACILITIES  FOR ONE OR MORE PERSONS, WHICH IS LOCATED ON THE SAME LOT AS
 A SINGLE-FAMILY OR MULTI-FAMILY  DWELLING  PROPOSED  OR  EXISTING  AS  A
 PRIMARY  RESIDENCE, AND SUCH UNIT SHALL INCLUDE PERMANENT PROVISIONS FOR
 LIVING, SLEEPING, EATING, COOKING, BATHING AND WASHING,  AND  SANITATION
 ON THE SAME LOT AS SUCH PRIMARY RESIDENCE.
   2. "REGULATION" SHALL MEAN ANY ORDINANCE, LOCAL LAW, RESOLUTION, RULE,
 POLICY,  OR REGULATION ADOPTED OR ENACTED PURSUANT TO THE AUTHORITY OF A
 GENERAL, SPECIAL, CHARTER OR OTHER LAW UNLESS  THE  CONTEXT  SUGGESTS  A
 DIFFERENT MEANING.
   3.  "RENTED" SHALL MEAN TO LEASE, LET, OR HIRE OUT AN ACCESSORY DWELL-
 ING UNIT, A RESIDENCE, OR ANY PORTION OF SUCH UNIT OR RESIDENCE,  TO  BE
 OCCUPIED OR THAT IS OCCUPIED FOR LIVING PURPOSES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14945-01-2
 S. 8783                             2                            A. 9802
 
   §  481.  ACCESSORY DWELLING UNIT REGULATIONS AND LOCAL LAWS.  NOTWITH-
 STANDING ANY OTHER PROVISION OF STATE OR LOCAL LAW TO THE CONTRARY, IN A
 CITY WITH A POPULATION GREATER THAN ONE MILLION,  THE  LOCAL  GOVERNMENT
 MAY,  BY  LOCAL LAW, ESTABLISH A PROGRAM TO ADDRESS, AS APPROPRIATE, THE
 LEGALIZATION OF SPECIFIED ACCESSORY DWELLING UNITS IN EXISTENCE PRIOR TO
 THE  EFFECTIVE DATE OF THIS ARTICLE. SUCH PROGRAM MAY PROVIDE AMNESTY TO
 OWNERS OF BUILDINGS THAT CONTAIN  SUCH  ACCESSORY  DWELLING  UNITS  FROM
 VIOLATIONS,  AS  APPLICABLE,  OF  LOCAL  LAW, REGULATION, AND THE ZONING
 RESOLUTION OF THE LOCAL GOVERNMENT. SUCH PROGRAM MAY  PROVIDE  THAT  ANY
 PROVISION  OF THE MULTIPLE DWELLING LAW AND ANY OTHER PROVISION OF LOCAL
 LAW, REGULATION, AND THE ZONING  RESOLUTION  OF  SUCH  LOCAL  GOVERNMENT
 SHALL  NOT BE APPLICABLE, AS NECESSARY, TO ADMINISTER AND IMPLEMENT THIS
 PROGRAM. SUCH PROGRAM SHALL NOT REQUIRE  ADDITIONAL  ZONING  ACTIONS  OR
 DISCRETIONARY LAND USE OR ENVIRONMENTAL REVIEW.
   §  482.  TENANT PROTECTIONS. 1. AS USED IN THIS SECTION, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "TENANT" SHALL MEAN A TENANT,  SUBTENANT,  LESSEE,  SUBLESSEE,  OR
 ASSIGNEE OF AN ACCESSORY DWELLING UNIT.
   (B)  "RENT" SHALL MEAN ANY CONSIDERATION, INCLUDING ANY BONUS, BENEFIT
 OR  GRATUITY  DEMANDED  OR  RECEIVED  FOR  OR  IN  CONNECTION  WITH  THE
 POSSESSION,  USE  OR  OCCUPANCY  OF  AN  ACCESSORY  DWELLING UNIT OR THE
 EXECUTION OR TRANSFER OF A LEASE FOR SUCH UNIT.
   2. A PERMIT APPLICATION  TO  CREATE  AN  ACCESSORY  DWELLING  UNIT  IN
 CONFORMANCE  WITH A LOCAL LAW ADOPTED UNDER THIS ARTICLE SHALL BE ACCOM-
 PANIED BY A CERTIFICATION IDENTIFYING WHETHER THE UNIT WAS RENTED  TO  A
 TENANT AS OF THE EFFECTIVE DATE OF THIS ARTICLE AND THE RENT CHARGED FOR
 THE  UNIT AS OF SUCH DATE, NOTWITHSTANDING WHETHER THE OCCUPANCY OF SUCH
 UNIT WAS AUTHORIZED BY LAW. A LOCAL GOVERNMENT MAY NOT USE SUCH  CERTIF-
 ICATION  AS  THE  BASIS  FOR  AN ENFORCEMENT ACTION AGAINST AN APPLICANT
 CONCERNING THE UNAUTHORIZED HABITATION OF A  UNIT.  WHERE  A  TENANT  IS
 EVICTED  OR  OTHERWISE REMOVED FROM A UNIT PRIOR TO APPROVAL OF A PERMIT
 APPLICATION TO CREATE AN ACCESSORY DWELLING  UNIT  UNDER  THIS  ARTICLE,
 SUCH TENANT SHALL HAVE A RIGHT OF FIRST REFUSAL TO RETURN TO THE UNIT AS
 A  TENANT UPON ITS FIRST LAWFUL OCCUPANCY AS AN ACCESSORY DWELLING UNIT,
 NOTWITHSTANDING WHETHER SUCH PRIOR OCCUPANCY WAS AUTHORIZED BY LAW.
   3. A TENANT UNLAWFULLY DENIED A RIGHT  OF  FIRST  REFUSAL  UNDER  THIS
 ARTICLE SHALL HAVE A CAUSE OF ACTION IN ANY COURT OF COMPETENT JURISDIC-
 TION  FOR  COMPENSATORY AND PUNITIVE DAMAGES AND DECLARATORY AND INJUNC-
 TIVE RELIEF AND SUCH OTHER RELIEF AS THE COURT DEEMS  NECESSARY  IN  THE
 INTERESTS OF JUSTICE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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2021-A9802A - Details

See Senate Version of this Bill:: S8783
Current Committee:: Assembly Local Governments
Law Section:: Multiple Dwelling Law
Laws Affected:: Add Art 7-D §§288 - 290, Mult Dwell L; amd §§472 & 473, Priv Hous Fin L
Versions Introduced in 2023-2024 Legislative Session:: A1075, S2276

2021-A9802A - Summary

Establishes a program to address the legalization of specified basements and cellars and the conversion of other specified basements and cellars in a city with a population of one million or more.

2021-A9802A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9802--A
 
                           I N  A S S E M B L Y
 
                              April 18, 2022
                                ___________
 
 Introduced  by  M.  of A. EPSTEIN, GONZALEZ-ROJAS, GLICK, MAMDANI, NIOU,
   GOTTFRIED, GALLAGHER, QUART, REYES, JACKSON, CARROLL,  BICHOTTE HERME-
   LYN,  AUBRY,  BENEDETTO,  FERNANDEZ, TAPIA, MITAYNES, SIMON, ANDERSON,
   CRUZ, GIBBS -- read once  and  referred  to  the  Committee  on  Local
   Governments  --  committee discharged, bill amended, ordered reprinted
   as amended and recommitted to said committee

 AN ACT to amend the real property law, in  relation  to  establishing  a
   program  to  address the safety and legalization of specified basement
   and cellar dwelling units in New York city
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The real property law is amended by adding a new article 16
 to read as follows:
                                ARTICLE 16
            BASEMENT AND CELLAR DWELLING UNITS IN NEW YORK CITY
 SECTION 480. DEFINITIONS.
         481. BASEMENT AND CELLAR DWELLING UNIT LEGALIZATION PROGRAM.
         482. TENANT PROTECTIONS.
   § 480. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1.  "BASEMENT"  SHALL  MEAN  A  STORY PARTLY BELOW THE GRADE PLANE AND
 HAVING LESS THAN ONE-HALF ITS CLEAR HEIGHT (MEASURED FROM FINISHED FLOOR
 TO FINISHED CEILING) BELOW THE GRADE PLANE.
   2. "CELLAR" SHALL MEAN THAT PORTION OF A BUILDING THAT  IS  PARTLY  OR
 WHOLLY  UNDERGROUND,  AND  HAVING  ONE-HALF  OR MORE OF ITS CLEAR HEIGHT
 (MEASURED FROM FINISHED FLOOR  TO  FINISHED  CEILING)  BELOW  THE  GRADE
 PLANE.
   3.  "BASEMENT OR CELLAR DWELLING UNIT" SHALL MEAN A RESIDENTIAL DWELL-
 ING UNIT THAT PROVIDES COMPLETE INDEPENDENT LIVING FACILITIES FOR ONE OR
 MORE PERSONS,  INCLUDING  PERMANENT  PROVISIONS  FOR  LIVING,  SLEEPING,
 EATING,  COOKING,  BATHING AND WASHING, AND SANITATION, WHICH IS LOCATED
 IN THE BASEMENT OR CELLAR  OF  A  LEGAL  SINGLE-FAMILY  OR  MULTI-FAMILY
 DWELLING.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14945-02-2

 A. 9802--A                          2
 
   4.  "TENANT"  SHALL MEAN A TENANT, SUBTENANT, LESSEE, SUBLESSEE, OCCU-
 PANT, OR ASSIGNEE OF A BASEMENT OR CELLAR DWELLING UNIT.
   5.  "RENT"  SHALL MEAN ANY CONSIDERATION, INCLUDING ANY BONUS, BENEFIT
 OR  GRATUITY  DEMANDED  OR  RECEIVED  FOR  OR  IN  CONNECTION  WITH  THE
 POSSESSION,  USE  OR  OCCUPANCY OF A BASEMENT OR CELLAR DWELLING UNIT OR
 THE EXECUTION OR TRANSFER OF A LEASE FOR SUCH UNIT.
   §  481.  BASEMENT  AND  CELLAR  DWELLING  UNIT  LEGALIZATION  PROGRAM.
 NOTWITHSTANDING ANY OTHER PROVISION OF STATE OR LOCAL LAW TO THE CONTRA-
 RY,  IN  THE  CITY  OF NEW YORK, THE LOCAL GOVERNMENT MAY, BY LOCAL LAW,
 ESTABLISH A PROGRAM TO ADDRESS, AS APPROPRIATE, THE SAFE LEGALIZATION OF
 SPECIFIED BASEMENT OR CELLAR DWELLING UNITS IN EXISTENCE  PRIOR  TO  THE
 EFFECTIVE DATE OF THIS ARTICLE.
   2.  SUCH  PROGRAM MAY PROVIDE THAT VIOLATIONS OF CERTAIN PROVISIONS OF
 ANY OF THE FOLLOWING SHALL NOT BE APPLICABLE TO SUCH BASEMENT OR  CELLAR
 DWELLING  UNITS, AS NECESSARY, TO ADMINISTER AND IMPLEMENT THIS PROGRAM:
 (A) THE MULTIPLE DWELLING LAW; (B) LOCAL LAWS, ORDINANCES,  RESOLUTIONS,
 RULES,  POLICIES,  OR  REGULATIONS  ADOPTED  OR  ENACTED PURSUANT TO THE
 AUTHORITY OF A GENERAL, SPECIAL, CHARTER  OR  OTHER  LAW;  AND  (C)  THE
 ZONING  RESOLUTION  OF  THE  LOCAL  GOVERNMENT. SUCH PROGRAM MAY FURTHER
 PROVIDE FOR AMNESTY TO OWNERS OF BUILDINGS THAT CONTAIN SUCH BASEMENT OR
 CELLAR DWELLING UNITS FROM SUCH VIOLATIONS THAT OCCURRED PRIOR TO LEGAL-
 IZATION.
   3. NO ZONING ACTION OR DISCRETIONARY LAND USE OR ENVIRONMENTAL  REVIEW
 SHALL  BE NECESSARY IN ORDER FOR SUCH PROGRAM TO COME INTO EFFECT OR FOR
 LEGALIZATION OF BASEMENT OR CELLAR DWELLING UNITS UNDER SUCH PROGRAM.
   4. SUCH PROGRAM SHALL INCLUDE PROTECTIONS AGAINST EVICTION AND LIMITA-
 TIONS ON RENT INCREASES FOR  BASEMENT  OR  CELLAR  DWELLING  UNITS  THAT
 UNDERGO LEGALIZATION.
   5.  BASEMENT AND CELLAR DWELLING UNIT LEGALIZATION PROJECTS UNDERTAKEN
 PURSUANT TO THIS ARTICLE SHALL BE ELIGIBLE  FOR  FUNDING  ALLOCATED  FOR
 CREATING  AND  UPGRADING ACCESSORY DWELLING UNITS, SUBJECT TO ANY ELIGI-
 BILITY CRITERIA GENERALLY APPLICABLE TO SUCH FUNDS AS DETERMINED BY  THE
 COMMISSIONER OF THE DIVISION OF HOUSING AND COMMUNITY RENEWAL.
   §  482.  TENANT  PROTECTIONS.    1. A PERMIT APPLICATION TO LEGALIZE A
 BASEMENT OR CELLAR DWELLING UNIT IN CONFORMANCE WITH A LOCAL LAW ADOPTED
 UNDER THIS ARTICLE SHALL BE ACCOMPANIED BY A  CERTIFICATION  IDENTIFYING
 WHETHER  THE  UNIT  WAS RENTED, LEASED, LET, HIRED OUT, OR OCCUPIED AS A
 BASEMENT OR CELLAR DWELLING UNIT OR OTHERWISE FOR  RESIDENTIAL  PURPOSES
 AS  OF  THE EFFECTIVE DATE OF THIS ARTICLE, AND THE RENT CHARGED FOR THE
 UNIT AS OF SUCH DATE, NOTWITHSTANDING WHETHER OCCUPANCY OF SUCH UNIT WAS
 AUTHORIZED BY LAW. THE LOCAL GOVERNMENT SHALL NOT USE SUCH CERTIFICATION
 AS THE BASIS FOR AN ENFORCEMENT ACTION AGAINST AN  APPLICANT  CONCERNING
 THE  UNAUTHORIZED  HABITATION  OF  A  UNIT. WHERE A TENANT IS EVICTED OR
 OTHERWISE REMOVED FROM A UNIT PRIOR TO APPROVAL  OF  AN  APPLICATION  TO
 LEGALIZE  A  BASEMENT  OR  CELLAR DWELLING UNIT UNDER THIS ARTICLE, SUCH
 TENANT SHALL HAVE A RIGHT OF FIRST REFUSAL TO RETURN TO THE  UNIT  AS  A
 TENANT  UPON ITS FIRST LAWFUL OCCUPANCY AS A BASEMENT OR CELLAR DWELLING
 UNIT, NOTWITHSTANDING WHETHER SUCH PRIOR  OCCUPANCY  WAS  AUTHORIZED  BY
 LAW.
   2.  A  TENANT  UNLAWFULLY  DENIED  A RIGHT OF FIRST REFUSAL UNDER THIS
 ARTICLE SHALL HAVE A CAUSE OF ACTION IN ANY COURT OF COMPETENT JURISDIC-
 TION FOR COMPENSATORY AND PUNITIVE DAMAGES AND DECLARATORY  AND  INJUNC-
 TIVE  RELIEF  AND  SUCH OTHER RELIEF AS THE COURT DEEMS NECESSARY IN THE
 INTERESTS OF JUSTICE.
   § 2. This act shall take effect immediately.

co-Sponsors

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2021-A9802B (ACTIVE) - Details

See Senate Version of this Bill:: S8783
Current Committee:: Assembly Local Governments
Law Section:: Multiple Dwelling Law
Laws Affected:: Add Art 7-D §§288 - 290, Mult Dwell L; amd §§472 & 473, Priv Hous Fin L
Versions Introduced in 2023-2024 Legislative Session:: A1075, S2276

2021-A9802B (ACTIVE) - Summary

Establishes a program to address the legalization of specified basements and cellars and the conversion of other specified basements and cellars in a city with a population of one million or more.

2021-A9802B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9802--B
 
                           I N  A S S E M B L Y
 
                              April 18, 2022
                                ___________
 
 Introduced  by  M.  of A. EPSTEIN, GONZALEZ-ROJAS, GLICK, MAMDANI, NIOU,
   GOTTFRIED, GALLAGHER, QUART, REYES, JACKSON, CARROLL,  BICHOTTE HERME-
   LYN,  AUBRY,  BENEDETTO,  FERNANDEZ, TAPIA, MITAYNES, SIMON, ANDERSON,
   CRUZ, GIBBS -- read once  and  referred  to  the  Committee  on  Local
   Governments  --  committee discharged, bill amended, ordered reprinted
   as amended and recommitted to said committee --  again  reported  from
   said  committee  with  amendments,  ordered  reprinted  as amended and
   recommitted to said committee
 
 AN ACT to amend the  multiple  dwelling  law  and  the  private  housing
   finance  law,  in  relation  to  establishing a program to address the
   legalization of specified basements and cellars and the conversion  of
   other  specified  basements and cellars in a city with a population of
   one million or more
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The multiple dwelling law is amended by adding a new arti-
 cle 7-D to read as follows:
                                ARTICLE 7-D
           LEGALIZATION AND CONVERSION OF BASEMENTS AND CELLARS
 SECTION 288. DEFINITIONS.
         289. BASEMENT AND CELLAR LOCAL LAWS AND REGULATIONS.
         290. TENANT PROTECTIONS IN INHABITED BASEMENTS OR CELLARS.
   § 288. DEFINITIONS. AS USED IN THIS ARTICLE,  UNLESS  THE  CONTEXT  OR
 SUBJECT  MATTER  REQUIRES  OTHERWISE, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   1. THE TERM "INHABITED BASEMENT OR CELLAR" MEANS A BASEMENT OR  CELLAR
 UNLAWFULLY OCCUPIED AS A RESIDENCE BY ONE OR MORE TENANTS ON OR PRIOR TO
 THE EFFECTIVE DATE OF THIS ARTICLE;
   2.  THE TERM "RENTED" MEANS LEASED, LET, OR HIRED OUT, WITH OR WITHOUT
 A WRITTEN AGREEMENT; AND
   3. THE TERM "TENANT" MEANS AN INDIVIDUAL TO WHOM AN INHABITED BASEMENT
 OR CELLAR IS RENTED.
   § 289. BASEMENT AND CELLAR LOCAL LAWS AND REGULATIONS.    1.  NOTWITH-
 STANDING ANY OTHER PROVISION OF STATE OR LOCAL LAW TO THE CONTRARY, IN A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14945-04-2
 A. 9802--B                          2
 
 CITY  WITH  A  POPULATION  OF ONE MILLION OR MORE, THE LOCAL LEGISLATIVE
 BODY MAY, BY LOCAL LAW, ESTABLISH A PROGRAM TO ADDRESS, AS  APPROPRIATE,
 AND PROVIDED THAT SAFETY IS PROTECTED, (A) THE LEGALIZATION OF SPECIFIED
 INHABITED BASEMENTS AND CELLARS IN EXISTENCE PRIOR TO THE EFFECTIVE DATE
 OF  THIS  ARTICLE THROUGH CONVERSION TO LEGAL DWELLING UNITS, OR (B) THE
 CONVERSION OF OTHER SPECIFIED BASEMENTS AND CELLARS IN  EXISTENCE  PRIOR
 TO THE EFFECTIVE DATE OF THIS ARTICLE TO LEGAL DWELLING UNITS. THE LOCAL
 LAW AUTHORIZED BY THIS SECTION, AND ANY RULES OR REGULATIONS PROMULGATED
 THEREUNDER, SHALL NOT BE SUBJECT TO ENVIRONMENTAL REVIEW.
   2.  THE  PROGRAM ESTABLISHED BY SUCH LOCAL LAW MAY PROVIDE TO AN OWNER
 WHO CONVERTS AN INHABITED BASEMENT OR CELLAR IN ACCORDANCE WITH A  LOCAL
 LAW AUTHORIZED BY THIS ARTICLE OR WHO OTHERWISE ABATES THE ILLEGAL OCCU-
 PANCY  OF  A BASEMENT OR CELLAR AMNESTY FROM PROSECUTION, AS APPLICABLE,
 FOR VIOLATIONS OF THIS CHAPTER OR OTHER STATE LAW OR LOCAL  LAW,  RULES,
 AND  THE ZONING RESOLUTION OF SUCH CITY, AND RESOLUTION OF ANY OUTSTAND-
 ING JUDGMENTS ISSUED IN CONNECTION WITH  ANY  VIOLATION  OF  SUCH  LAWS,
 RULES  OR  ZONING  RESOLUTION  ISSUED  BEFORE THE EFFECTIVE DATE OF THIS
 ARTICLE.
   3. SUCH LOCAL LAW MAY PROVIDE THAT ANY PROVISION OF  THIS  CHAPTER  OR
 ANY  OTHER  STATE  LAW  OR  LOCAL  LAW, RULE OR REGULATION, SHALL NOT BE
 APPLICABLE, AS NECESSARY, TO PROVIDE FOR THE ALTERATIONS  NECESSARY  FOR
 THE  CONVERSION  OF  A  SPECIFIED  INHABITED BASEMENT OR CELLAR OR OTHER
 SPECIFIED BASEMENT OR CELLAR INTO A LAWFUL DWELLING UNIT. ANY  AMENDMENT
 OF  THE  ZONING  RESOLUTION  NECESSARY  TO  ENACT  SUCH PROGRAM SHALL BE
 SUBJECT TO A PUBLIC HEARING AT THE PLANNING COMMISSION OF SUCH LOCALITY,
 AND APPROVAL BY SUCH COMMISSION AND THE LEGISLATIVE BODY OF  SUCH  LOCAL
 GOVERNMENT, BUT SHALL NOT REQUIRE ENVIRONMENTAL REVIEW OR ANY ADDITIONAL
 LAND USE REVIEW.
   §  290.  TENANT PROTECTIONS IN INHABITED BASEMENTS OR CELLARS.  1. THE
 PROGRAM AUTHORIZED BY THIS ARTICLE SHALL REQUIRE AN APPLICATION TO  MAKE
 ALTERATIONS  TO  LEGALIZE AN INHABITED BASEMENT OR CELLAR BE ACCOMPANIED
 BY A CERTIFICATION INDICATING WHETHER SUCH UNIT WAS RENTED TO  A  TENANT
 ON THE EFFECTIVE DATE OF THIS ARTICLE, NOTWITHSTANDING WHETHER THE OCCU-
 PANCY  OF  SUCH  UNIT  WAS  AUTHORIZED  BY  LAW. A CITY MAY NOT USE SUCH
 CERTIFICATION AS THE BASIS FOR AN ENFORCEMENT ACTION FOR  ILLEGAL  OCCU-
 PANCY  OF  SUCH  UNIT,  PROVIDED  THAT NOTHING CONTAINED IN THIS ARTICLE
 SHALL BE CONSTRUED TO LIMIT SUCH CITY FROM ISSUING A  VACATE  ORDER  FOR
 HAZARDOUS CONDITIONS, WHEN APPROPRIATE.
   2.  THE  LOCAL  LAW  AUTHORIZED  BY  THIS ARTICLE SHALL PROVIDE THAT A
 TENANT IN OCCUPANCY AT THE TIME OF THE EFFECTIVE DATE OF  THIS  ARTICLE,
 WHO  IS  EVICTED  OR  OTHERWISE REMOVED FROM SUCH UNIT AS A RESULT OF AN
 ALTERATION NECESSARY TO BRING  AN  INHABITED  BASEMENT  OR  CELLAR  INTO
 COMPLIANCE WITH THE STANDARDS ESTABLISHED BY THE LOCAL LAW AUTHORIZED BY
 THIS ARTICLE, SHALL HAVE A RIGHT OF FIRST REFUSAL TO RETURN TO SUCH UNIT
 AS  A  TENANT  UPON ITS FIRST LAWFUL OCCUPANCY AS A LEGAL DWELLING UNIT,
 NOTWITHSTANDING WHETHER THE OCCUPANCY AT THE TIME OF THE EFFECTIVE  DATE
 OF  THIS ARTICLE WAS AUTHORIZED BY LAW. SUCH LOCAL LAW SHALL SPECIFY HOW
 TO DETERMINE PRIORITY WHEN MULTIPLE TENANTS MAY CLAIM SUCH RIGHT.
   3. A TENANT UNLAWFULLY DENIED A RIGHT OF FIRST REFUSAL TO RETURN TO  A
 LEGAL DWELLING UNIT, AS PROVIDED PURSUANT TO THE LOCAL LAW AUTHORIZED BY
 THIS  ARTICLE,  SHALL  HAVE  A CAUSE OF ACTION IN ANY COURT OF COMPETENT
 JURISDICTION FOR COMPENSATORY  DAMAGES  OR  DECLARATORY  AND  INJUNCTIVE
 RELIEF  AS  THE  COURT  DEEMS  NECESSARY  IN  THE  INTERESTS OF JUSTICE,
 PROVIDED THAT SUCH COMPENSATORY  RELIEF  SHALL  NOT  EXCEED  THE  ANNUAL
 RENTAL CHARGES FOR SUCH LEGAL DWELLING UNIT.
 A. 9802--B                          3
 
   §  2. Subdivision 1 of section 472 of the private housing finance law,
 as amended by chapter 479 of the laws of 2005, is  amended  to  read  as
 follows:
   1.  Notwithstanding  the  provisions  of any general, special or local
 law, a municipality, acting through an agency,  is  authorized:  (A)  to
 make,  or contract to make, loans to low and moderate income owner-occu-
 pants of one to four unit existing private or multiple dwellings  within
 its  territorial  limits,  subject to the limitation of subdivisions two
 through seven of this section, in such amounts as shall be required  for
 the rehabilitation of such dwellings, provided, however, that such loans
 shall  not  exceed sixty thousand dollars per dwelling unit, EXCEPT THAT
 THE LIMITATION ON THE MAXIMUM AMOUNT OF A LOAN,  AS  DESCRIBED  IN  THIS
 PARAGRAPH,  SHALL  NOT  APPLY TO ANY SUCH LOAN FOR, IN WHOLE OR IN PART,
 REHABILITATION OF A SPECIFIED INHABITED  BASEMENT  OR  CELLAR  OR  OTHER
 SPECIFIED  BASEMENT  OR  CELLAR FOR WHICH SUCH OWNER HAS SOUGHT A PERMIT
 PURSUANT TO THE LOCAL LAW AUTHORIZED PURSUANT  TO  SECTION  TWO  HUNDRED
 EIGHTY-NINE  OF  THE  MULTIPLE DWELLING LAW. Such loans may also include
 the refinancing of the outstanding indebtedness of such  dwellings,  and
 the  municipality may make temporary loans or advances to such owner-oc-
 cupants in anticipation of permanent loans for such purposes; AND
   (B) TO MAKE OR CONTRACT TO MAKE GRANTS TO ANY OWNER DESCRIBED IN PARA-
 GRAPH (A) OF THIS SUBDIVISION, ON THE SAME TERMS AS PERMITTED UNDER SUCH
 PARAGRAPH FOR A LOAN.
   § 3. Section 472 of the private housing  finance  law  is  amended  by
 adding a new subdivision 1-a to read as follows:
   1-A.  AS USED IN THIS ARTICLE, THE TERM "LOAN" SHALL INCLUDE ANY GRANT
 MADE BY A MUNICIPALITY PURSUANT TO THIS ARTICLE, PROVIDED, HOWEVER, THAT
 PROVISIONS OF THIS ARTICLE CONCERNING THE REPAYMENT OR  FORGIVENESS  OF,
 OR  SECURITY  FOR,  A LOAN SHALL NOT APPLY TO ANY GRANT MADE PURSUANT TO
 THIS ARTICLE.
   § 4. Subdivision 2 of section 473 of the private housing finance  law,
 as  added  by  chapter  786  of  the laws of 1987, is amended to read as
 follows:
   2. A municipality shall neither make nor participate in a loan  to  an
 owner-occupant  of  an existing private or multiple dwelling pursuant to
 this article unless the agency finds that the area in which such  dwell-
 ing is situated is a blighted, deteriorated or deteriorating area or has
 a blighting influence on the surrounding area, or is in danger of becom-
 ing  a  slum or a blighted area because of the existence of substandard,
 unsanitary, deteriorating or deteriorated conditions,  an  aged  housing
 stock, or other factors indicating an inability of the private sector to
 cause such rehabilitation to be made, EXCEPT THAT ANY SUCH FINDING SHALL
 NOT  BE  REQUIRED  FOR ANY SUCH LOAN FOR, IN WHOLE OR IN PART, REHABILI-
 TATION OF A SPECIFIED INHABITED BASEMENT OR CELLAR  OR  OTHER  SPECIFIED
 BASEMENT  OR CELLAR FOR WHICH SUCH OWNER HAS SOUGHT A PERMIT PURSUANT TO
 THE LOCAL LAW AUTHORIZED PURSUANT TO SECTION TWO HUNDRED EIGHTY-NINE  OF
 THE MULTIPLE DWELLING LAW.
   § 5. This act shall take effect immediately.

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Assembly Bill A9802B

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Sponsored By

EPSTEIN

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Jessica Gonzalez-Rojas

Deborah Glick

Zohran Mamdani

Yuh-Line Niou

2021-A9802 - Details

2021-A9802 - Summary

2021-A9802 - Bill Text download pdf

co-Sponsors

Jessica Gonzalez-Rojas

Deborah Glick

Zohran Mamdani

Yuh-Line Niou

2021-A9802A - Details

2021-A9802A - Summary

2021-A9802A - Bill Text download pdf

co-Sponsors

Jessica Gonzalez-Rojas

Deborah Glick

Zohran Mamdani

Yuh-Line Niou

2021-A9802B (ACTIVE) - Details

2021-A9802B (ACTIVE) - Summary

2021-A9802B (ACTIVE) - Bill Text download pdf

Comments