S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3078
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2021
                                ___________
 
 Introduced  by  Sens.  SALAZAR, BIAGGI, BRISPORT, HOYLMAN, MYRIE -- 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  regulating  buyouts  within  rent  regulated
   apartments
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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 section 10-c to read as follows:
   §  10-C.  REGULATED  BUYOUTS  FOR  RENT  REGULATED  APARTMENTS. A. FOR
 PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
 MEANINGS:
   (1)  "BUYOUT AGREEMENT" SHALL MEAN AN AGREEMENT WHEREIN THE OWNER OF A
 DWELLING UNIT EXCHANGES MONEY OR OTHER VALUABLE CONSIDERATION TO  INDUCE
 ANY  PERSON  LAWFULLY ENTITLED TO OCCUPANCY OF SUCH UNIT TO SURRENDER OR
 WAIVE ANY RIGHTS IN RELATION TO  SUCH  OCCUPANCY  THAT  RESULTS  IN  THE
 TENANT VACATING SUCH UNIT.
   (2)  "COMMISSIONER"  SHALL  MEAN  THE  COMMISSIONER OF THE DIVISION OF
 HOUSING AND COMMUNITY RENEWAL AND ANY SUCCESSOR THERETO.
   (3) "DIVISION" SHALL  MEAN  THE  DIVISION  OF  HOUSING  AND  COMMUNITY
 RENEWAL AND ANY SUCCESSOR THERETO.
   B.  (1) IF A LANDLORD SHALL MAKE A BUYOUT OFFER TO A CURRENT TENANT IN
 THE FORM OF A PROPOSED BUYOUT AGREEMENT, SUCH AGREEMENT SHALL BE MADE IN
 WRITING AND SHALL CONTAIN:
   (A) HIS OR HER NAME AND CONTACT INFORMATION;
   (B) THE DATE THE REQUEST WAS MADE IN WRITING;
   (C) THE AMOUNT OF MONEY BEING OFFERED TO THE CURRENT TENANT; AND
   (D) THE REASON FOR CONTACTING THE TENANT;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03003-01-1
              

 S. 3078                             2
 
   (2) THE LANDLORD SHALL MAKE IT KNOWN TO A TENANT WITHIN  ANY  PROPOSED
 BUYOUT AGREEMENT THAT:
   (A)  THE  TENANT  MAY  REJECT ANY OFFER AND MAY CONTINUE TO OCCUPY THE
 DWELLING UNIT; AND
   (B) THE TENANT MAY CONSULT WITH AN ATTORNEY REGARDING SUCH AGREEMENT.
   C. A PROPOSED BUYOUT OFFER SHALL BE CONSIDERED HARASSMENT AGAINST  THE
 CURRENT TENANT IF THE LANDLORD:
   (1)  PROVIDES  FALSE  INFORMATION IN CONNECTION WITH A PROPOSED BUYOUT
 OFFER;
   (2) CONTACTS THE TENANT AT THEIR PLACE OF EMPLOYMENT WITHOUT OBTAINING
 SUCH TENANT'S PERMISSION; OR
   (3) CONTINUES TO CONTACT THE TENANT WITHIN  ONE  HUNDRED  EIGHTY  DAYS
 AFTER  THE  TENANT  HAS ADVISED THE LANDLORD IN WRITING THAT THEY DO NOT
 WANT TO BE CONTACTED FURTHER REGARDING ANY POTENTIAL BUYOUT OFFERS.
   D. AFTER RECEIVING A PROPOSED BUYOUT  AGREEMENT  FROM  A  LANDLORD,  A
 TENANT  SHALL  HAVE  A MINIMUM OF NINETY DAYS FROM THE TIME THE PROPOSED
 BUYOUT WAS PRESENTED TO THE TENANT, TO ACCEPT OR REJECT SUCH  AGREEMENT.
 THE  TENANT AND LANDLORD SHALL NOT BE ABLE TO EXECUTE A BUYOUT AGREEMENT
 UNTIL SUCH NINETY DAY PERIOD HAS LAPSED. THE TENANT SHALL USE THE NINETY
 DAY PERIOD TO UNDERSTAND THEIR RIGHTS PERTAINING TO SUCH  AGREEMENT  AND
 TO SEEK OUT ASSISTANCE FROM COUNSEL IF THEY DESIRE.
   E.  WITHIN NINETY DAYS AFTER THE EXECUTION OF A BUYOUT AGREEMENT FOR A
 DWELLING UNIT, THE LANDLORD OF SUCH UNIT SHALL ELECTRONICALLY PROVIDE TO
 THE DIVISION THE FOLLOWING:
   (1) HIS OR HER NAME;
   (2) THE ADDRESS OF THE DWELLING UNIT  THAT  IS  THE  SUBJECT  OF  SUCH
 BUYOUT AGREEMENT;
   (3)  THE  AMOUNT  OF  MONEY  OR, IF APPLICABLE, A DESCRIPTION OF OTHER
 VALUABLE CONSIDERATION AGREED UPON AS PART OF THE BUYOUT  AGREEMENT.  IF
 SUCH  OTHER  VALUABLE  CONSIDERATION INCLUDED THE DISMISSAL OF A PENDING
 ACTION OR PROCEEDING, THE CAPTION, INDEX NUMBER AND COUNTY IN WHICH  THE
 PENDING ACTION OR PROCEEDING WAS VENUED SHALL BE REQUIRED;
   (4) THE DATE SUCH BUYOUT AGREEMENT WAS EXECUTED; AND
   (5)  THE  AMOUNT  OF  TIME, IN MONTHS, REMAINING IN THE LEASE FOR SUCH
 SUBJECT DWELLING UNIT. A TENANT WITH A LEGAL RIGHT TO  A  LEASE  RENEWAL
 PURSUANT  TO  STATE LAW SHALL BE INDICATED AS HAVING AN UNLIMITED NUMBER
 OF MONTHS REMAINING.
   F. NO LATER THAN JANUARY 31, 2023, AND BY  JANUARY  31  OF  EACH  YEAR
 THEREAFTER, THE COMMISSIONER SHALL SUBMIT A REPORT TO THE SPEAKER OF THE
 ASSEMBLY  AND  TEMPORARY PRESIDENT OF THE SENATE THAT CONTAINS THE TOTAL
 NUMBER OF BUYOUT AGREEMENTS EXECUTED DURING  THE  PRIOR  CALENDAR  YEAR.
 SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING FOR EACH
 CENSUS TRACT:
   (1)  THE  AMOUNT  OF  MONEY OR OTHER CONSIDERATION AGREED UPON IN EACH
 SUCH AGREEMENT;
   (2) THE DATE THAT EACH SUCH AGREEMENT WAS EXECUTED; AND
   (3) THE AMOUNT OF TIME, IN MONTHS, REMAINING  IN  THE  LEASE  FOR  THE
 DWELLING  UNIT SUBJECT TO SUCH AGREEMENT. A TENANT WITH A LEGAL RIGHT TO
 A LEASE RENEWAL PURSUANT TO STATE LAW SHALL BE INDICATED  AS  HAVING  AN
 UNLIMITED NUMBER OF MONTHS REMAINING.
   G.  (1) A LANDLORD WHO SHALL BE REQUIRED TO PROVIDE INFORMATION TO THE
 DIVISION AND WHO FAILS TO DO SO PURSUANT TO PARAGRAPH E OF THIS  SECTION
 SHALL  BE LIABLE TO A CIVIL PENALTY OF FIVE HUNDRED DOLLARS, WHICH SHALL
 BE PAYABLE TO THE DIVISION.
   (2) IF A LANDLORD IS FOUND GUILTY OF HARASSMENT PURSUANT  TO  SUBDIVI-
 SION C OF THIS SECTION, HAS VIOLATED THE NINETY DAY REQUIRED TIME PERIOD

 S. 3078                             3
 
 PURSUANT  TO  SUBDIVISION  D OF THIS SECTION OR HAS VIOLATED THE MINIMUM
 LEGAL STANDARDS SET FORTH IN THIS SECTION ON HOW A BUYOUT SHALL BE MADE,
 THEY SHALL BE LIABLE TO A PENALTY  OF  ONE  THOUSAND  DOLLARS  FOR  EACH
 VIOLATION.
   §  2.  This act shall take effect July 1, 2022. Effective immediately,
 the addition, amendment, and/or repeal of any rule or regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such effective date.