NY State Senate Bill 2021-S367A

Senate Bill S367A

2021-2022 Legislative Session

Requires property owners to dedicate certain residential units to rent regulated status following demolition and new construction or substantial renovation

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to housing, construction and community development
Dec 17, 2021	print number 367a
Dec 17, 2021	amend and recommit to housing, construction and community development
Jan 06, 2021	referred to housing, construction and community development

Bill Amendments

Original

A (Active)

co-Sponsors

2021-S367 - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: New York City Administrative Code
Laws Affected:: Amd §26-512, NYC Ad Cd; amd §6, Emerg Ten Prot Act of 1974; amd §5, Emerg Hous Rent Cont L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8574
2019-2020: S2252
2023-2024: S1944

2021-S367 - Summary

Requires property owners to dedicate certain residential units to rent regulated status following demolition and new construction or substantial renovation.

2021-S367 - Sponsor Memo

                                
 
BILL NUMBER: S367

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the administrative code of the city of New York, the
emergency tenant protection act of nineteen seventy-four and the emer-
gency housing rent control law, in relation to requiring property owners
to dedicate certain residential units to rent regulated status following
demolition and new construction or substantial renovation

 
PURPOSE OF BILL:

This bill removes one of the main tools in the corrupt landlord's tool-
box by requiring that if a landlord renders rent regulated units uninha-
bitable by way of construction, and meets certain criterion, then the
landlord must rededicate an equal number of units of equal size to rent
regulation status, thus eliminating any incentive for a landlord to even
attempt to evict tenants by means of aggressive and unbearable
construction.

SUMMARY OF PROVISIONS:

Section 1 amends Section 26-512 of the administrative code of the city
of New York by adding a subdivision g that provides if a property holder
practices demolition or extensive regulation that leads all or a portion
of rent regulated tenants to vacate then the property holder must dedi-
cate another unit of equal size to rent regulation status if one of the
following conditions is present: (1) the renovation was conducted after
the owner filed a building permit falsely reporting there were no
tenants in the building, (2) negligence of the property owner lead to
the demolition or renovation, or (3) illegal code violations necessi-
tated the demolition or renovation.

Section 2 amends Section 6 of section 4 of chapter 576 of the laws of
1974 constituting the emergency tenant protection act by adding a new
subdivision h that provides if a property holder practices demolition or
extensive regulation that leads all or a portion of rent regulated
tenants to vacate then the property holder must dedicate another unit of
equal size to rent regulation status if one of the following conditions
is present: (1) the renovation was conducted after the owner filed a
building permit falsely reporting there were no tenants in the building,
(2) negligence of the property owner lead to the demolition or reno-
vation, or (3) illegal code violations necessitated the demolition or
renovation.

Section 3 amends Section 5 of chapter 274 of the laws of 1946 constitu-
tion the emergency housing rent control law by adding a new subdivision
10 that provides if a property holder practices demolition or extensive
regulation that leads all or a portion of rent regulated tenants to
vacate then the property holder must dedicate another unit of equal size
to rent regulation status if one of the following conditions is present:
(1) the renovation was conducted after the owner filed a building permit
falsely reporting there were no tenants in the building, (2) negligence
of the property owner lead to the demolition or renovation, or (3) ille-
gal code violations necessitated the demolition or renovation.

Section 4 establishes the effective date.

 
JUSTIFICATION:

Unscrupulous landlords try to turn a profit on properties by displacing
rent-regulated tenants through the use of major construction as a
harassment technique and subsequently raising rent prices. These tenants
tend to be disproportionately of very low to moderate income. It was
revealed that White House senior advisor Jared Kushner's real estate
company pushed vulnerable tenants out of buildings by utilizing late
night construction, sawdust, and rat infestations between 2013 and 2016
in order to turn rent regulated units into ones that could be sold for
market value.

Sadly, this is a widespread practice that severely limits the ever-di-
minishing amount of affordable housing in. New York. For far too many
New Yorkers there are tales of lead dust in the air, incessant jackham-
mering, loss of power and heat and gas shutoffs in the winter that
undermine quality of life to such a degree that tenants feel they have
no option but to leave apartments they have long called home.

Under this bill whenever a rent-regulated apartment is rendered uninha-
bitable in the manner described, the landlord must supply another rent-
regulated unit, thus removing any ability to turn a profit through such
means and therefore stopping tenants from living in adverse conditions
and protecting communities from unethical, abusive landlords.

 
LEGISLATIVE HISTORY:

S.2252 of 2019-2020 (Hoylman): Died in Housing, Construction and Commu-
nity Development
S.8574 of 2018 (Hoylman): Died in Housing, Construction and Community
Development

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that: a.  the
amendments to section 26-512 of chapter 4 of title 26 of the administra-
tive 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; b.
the amendments to section 6 of section 4 of the emergency tenant
protection act of nineteen seventy-four made by section two of this act
shall expire on the same date as such act expires and shall not affect
the expiration of such act as provided in section 17 of chapter 576 of
the laws of 1974; and c. the amendments to section 4 of the emergency
housing rent control law made by section three of this act shall expire
on the same date as such law expires and shall not affect the expiration
of such law as provided in subdivision 2 of section 1 of chapter 274 of
the laws of 1946.

2021-S367 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    367
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by Sens. HOYLMAN, BAILEY, KRUEGER, SEPULVEDA, SERRANO -- 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,  the
   emergency tenant protection act of nineteen seventy-four and the emer-
   gency  housing  rent  control  law,  in relation to requiring property
   owners to dedicate certain residential units to rent regulated  status
   following demolition and new construction or substantial renovation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 26-512 of the administrative code of  the  city  of
 New York is amended by adding a new subdivision f to read as follows:
   F.  NOTWITHSTANDING  ANY  PROVISION  OF LAW, RULE OR REGULATION TO THE
 CONTRARY, IF ALL OR A PORTION OF THE RENT REGULATED UNITS IN A  RESIDEN-
 TIAL  BUILDING  ARE RENDERED UNINHABITABLE OR ARE VACATED DUE TO DEMOLI-
 TION AND NEW CONSTRUCTION OR TO SUBSTANTIAL RENOVATION CONDUCTED  BY  OR
 ON  BEHALF  OF  THE  PROPERTY  OWNER  UNDER ANY OF THE FOLLOWING CIRCUM-
 STANCES,  THE  PROPERTY  OWNER  SHALL,  UPON  COMPLETION  OF   THE   NEW
 CONSTRUCTION  OR  RENOVATION OF THE BUILDING, DEDICATE TO RENT REGULATED
 STATUS AN EQUAL NUMBER OF UNITS, OF SIZES EQUIVALENT TO THOSE VACATED OR
 RENDERED UNINHABITABLE, AT THE  RENT  AMOUNT  ALLOWABLE  FOR  THE  UNITS
 EXISTING PRIOR TO THE DEMOLITION OR RENOVATION:
   (1)  DEMOLITION OR SUBSTANTIAL RENOVATION CONDUCTED AFTER THE PROPERTY
 OWNER FILED AN APPLICATION FOR A BUILDING PERMIT WITH THE DEPARTMENT  OF
 BUILDINGS  FALSELY  REPORTING  THAT  NO  TENANTS  OCCUPIED  THE BUILDING
 PROPOSED FOR DEMOLITION OR  SUBSTANTIAL  RENOVATION,  WHEN  TENANTS,  IN
 FACT, DID OCCUPY THE BUILDING; OR
   (2)  DEMOLITION  OR  SUBSTANTIAL  RENOVATION  NECESSITATED  DUE TO THE
 NEGLIGENCE OF THE OWNER AND/OR LANDLORD; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02827-01-1

 S. 367                              2
 
   (3) DEMOLITION OR SUBSTANTIAL RENOVATION NECESSITATED BY ILLEGAL  CODE
 VIOLATIONS.
   §  2.  Section  6  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 g to read as follows:
   G.  NOTWITHSTANDING  ANY  PROVISION  OF LAW, RULE OR REGULATION TO THE
 CONTRARY, IF ALL OR A PORTION OF THE RENT REGULATED UNITS IN A  RESIDEN-
 TIAL  BUILDING  ARE RENDERED UNINHABITABLE OR ARE VACATED DUE TO DEMOLI-
 TION AND NEW CONSTRUCTION OR TO SUBSTANTIAL RENOVATION CONDUCTED  BY  OR
 ON  BEHALF  OF  THE  PROPERTY  OWNER  UNDER ANY OF THE FOLLOWING CIRCUM-
 STANCES,  THE  PROPERTY  OWNER  SHALL,  UPON  COMPLETION  OF   THE   NEW
 CONSTRUCTION  OR  RENOVATION OF THE BUILDING, DEDICATE TO RENT REGULATED
 STATUS AN EQUAL NUMBER OF UNITS, OF SIZES EQUIVALENT TO THOSE VACATED OR
 RENDERED UNINHABITABLE, AT THE  RENT  AMOUNT  ALLOWABLE  FOR  THE  UNITS
 EXISTING PRIOR TO THE DEMOLITION OR RENOVATION:
   (1)  DEMOLITION OR SUBSTANTIAL RENOVATION CONDUCTED AFTER THE PROPERTY
 OWNER FILED AN APPLICATION FOR A BUILDING PERMIT WITH THE DEPARTMENT  OF
 BUILDINGS  FALSELY  REPORTING  THAT  NO  TENANTS  OCCUPIED  THE BUILDING
 PROPOSED FOR DEMOLITION OR  SUBSTANTIAL  RENOVATION,  WHEN  TENANTS,  IN
 FACT, DID OCCUPY THE BUILDING; OR
   (2)  DEMOLITION  OR  SUBSTANTIAL  RENOVATION  NECESSITATED  DUE TO THE
 NEGLIGENCE OF THE OWNER AND/OR LANDLORD; OR
   (3) DEMOLITION OR SUBSTANTIAL RENOVATION NECESSITATED BY ILLEGAL  CODE
 VIOLATIONS.
   §  3.  Section  5 of chapter 274 of the laws of 1946, constituting the
 emergency housing rent control law, is amended by adding a new  subdivi-
 sion 9 to read as follows:
   9.  NOTWITHSTANDING  ANY  PROVISION  OF LAW, RULE OR REGULATION TO THE
 CONTRARY, IF ALL OR A PORTION OF THE RENT REGULATED UNITS IN A  RESIDEN-
 TIAL  BUILDING  ARE RENDERED UNINHABITABLE OR ARE VACATED DUE TO DEMOLI-
 TION AND NEW CONSTRUCTION OR TO SUBSTANTIAL RENOVATION CONDUCTED  BY  OR
 ON  BEHALF  OF  THE  PROPERTY  OWNER  UNDER ANY OF THE FOLLOWING CIRCUM-
 STANCES,  THE  PROPERTY  OWNER  SHALL,  UPON  COMPLETION  OF   THE   NEW
 CONSTRUCTION  OR  RENOVATION OF THE BUILDING, DEDICATE TO RENT REGULATED
 STATUS AN EQUAL NUMBER OF UNITS, OF SIZES EQUIVALENT TO THOSE VACATED OR
 RENDERED UNINHABITABLE, AT THE  RENT  AMOUNT  ALLOWABLE  FOR  THE  UNITS
 EXISTING PRIOR TO THE DEMOLITION OR RENOVATION:
   (A)  DEMOLITION OR SUBSTANTIAL RENOVATION CONDUCTED AFTER THE PROPERTY
 OWNER FILED AN APPLICATION FOR A BUILDING PERMIT WITH THE DEPARTMENT  OF
 BUILDINGS  FALSELY  REPORTING  THAT  NO  TENANTS  OCCUPIED  THE BUILDING
 PROPOSED FOR DEMOLITION OR  SUBSTANTIAL  RENOVATION,  WHEN  TENANTS,  IN
 FACT, DID OCCUPY THE BUILDING; OR
   (B)  DEMOLITION  OR  SUBSTANTIAL  RENOVATION  NECESSITATED  DUE TO THE
 NEGLIGENCE OF THE OWNER AND/OR LANDLORD; OR
   (C) DEMOLITION OR SUBSTANTIAL RENOVATION NECESSITATED BY ILLEGAL  CODE
 VIOLATIONS.
   §  4.  This act shall take effect immediately; provided, however, that
 the amendments to section 26-512 of chapter 4 of title 26 of the  admin-
 istrative  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.

co-Sponsors

2021-S367A (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: New York City Administrative Code
Laws Affected:: Amd §26-512, NYC Ad Cd; amd §6, Emerg Ten Prot Act of 1974; amd §5, Emerg Hous Rent Cont L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8574
2019-2020: S2252
2023-2024: S1944

2021-S367A (ACTIVE) - Summary

Requires property owners to dedicate certain residential units to rent regulated status following demolition and new construction or substantial renovation.

2021-S367A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S367a

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the administrative code of the city of New York, the
emergency tenant protection act of nineteen seventy-four and the emer-
gency housing rent control law, in relation to requiring property owners
to dedicate certain residential units to rent regulated status following
demolition and new construction or substantial renovation  
PURPOSE OF
BILL:

This bill removes one of the main tools in the corrupt landlord's tool-
box by requiring that if a landlord renders rent regulated units uninha-
bitable by way of construction, and meets certain criterion, then the
landlord must rededicate an equal number of units of equal size to rent
regulation status and provide the right of first refusal to the tenant
previously in possession, thus eliminating any incentive for a landlord
to even attempt to evict tenants by means of aggressive and unbearable
construction. It also requires replacement of rent regulated units
demolished pursuant to an Empire State Development project.

SUMMARY OF PROVISIONS:

Section 1 amends Section 26-512 of the administrative code of the city
of New York by adding a subdivision g that provides if a property holder
practices demolition or extensive regulation that leads all or a portion
of rent regulated tenants to vacate then the property holder must dedi-
cate another unit of equal size to rent regulation status and the tenant
or tenants in possession immediately prior to such demolition or
substantial renovation shall have the right of first refusal for the
occupation of such units if one of the following conditions is present:
(1) the renovation was conducted after the owner filed a building permit
falsely reporting there were no tenants in the building, (2) negligence
of the property owner lead to the demolition or renovation, (3) illegal
code violations necessi- tated the demolition or renovation, or (4)
demolition or substantial renovation authorized pursuant to a project as
defined by section three of the urban development corporation act.

Section 2 amends Section 6 of section 4 of chapter 576 of the laws of
1974 constituting the emergency tenant protection act by adding a new
subdivision h that provides if a property holder practices demolition or
extensive regulation that leads all or a portion of rent regulated
tenants to vacate then the property holder must dedicate another unit of
equal size to rent regulation status and the tenant or tenants in
possession immediately prior to such demolition or substantial reno-
vation shall have the right of first refusal for the occupation of such
units if one of the following conditions is present: (1) the renovation
was conducted after the owner filed a building permit falsely reporting
there were no tenants in the building, (2) negligence of the property
owner lead to the demolition or renovation, (3) illegal code violations
necessi- tated the demolition or renovation, or (4) demolition or
substantial renovation authorized pursuant to a project as defined by
section three of the urban development corporation act.

Section 3 amends Section 5 of chapter 274 of the laws of 1946 constitu-
tion the emergency housing rent control law by adding a new subdivision
10 that provides if a property holder practices demolition or extensive
regulation that leads all or a portion of rent regulated tenants to
vacate then the property holder must dedicate another unit of equal size
to rent regulation status and the tenant or tenants in possession imme-
diately prior to such demolition or substantial renovation shall have
the right of first refusal for the occupation of such units if one of
the following conditions is present: (1) the renovation was conducted
after the owner filed a building permit falsely reporting there were no
tenants in the building, (2) negligence of the property owner lead to
the demolition or renovation, (3) illegal code violations necessitated
the demolition or renovation, or (4) demolition or substantial reno-
vation authorized pursuant to a project as defined by section three of
the urban development corporation act.

Section 4 establishes the effective date.

 
JUSTIFICATION:

Unscrupulous landlords try to turn a profit on properties by displacing
rent-regulated tenants through the use of major construction as a
harassment technique and subsequently raising rent prices. These tenants
tend to be disproportionately of very low to moderate income. It was
revealed that White House senior advisor Jared Kushner's real estate
company pushed vulnerable tenants out of buildings by utilizing late
night construction, sawdust, and rat infestations between 2013 and 2016
in order to turn rent regulated units into ones that could be sold for
market value.

Sadly, this is a widespread practice that severely limits the ever-di-
minishing amount of affordable housing in. New York. For far too many
New Yorkers there are tales of lead dust in the air, incessant jackham-
mering, loss of power and heat and gas shutoffs in the winter that
undermine quality of life to such a degree that tenants feel they have
no option but to leave apartments they have long called home.

Under this bill whenever a rent-regulated apartment is rendered uninha-
bitable in the manner described, the landlord must supply another rent-
regulated unit, thus removing any ability to turn a profit through such
means and therefore stopping tenants from living in adverse conditions
and protecting communities from unethical, abusive landlords.

The bill also ensures that when rent regulated units are demolished or
renovated pursuant to an Empire State Development project, those units
are replaced and the tenants have the right to return.

 
LEGISLATIVE HISTORY:

S.2252 of 2019-2020 (Hoylman): Died in Housing, Construction and Commu-
nity Development

S.8574 of 2018 (Hoylman): Died in Housing, Construction and Community
Development

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that: a.  the
amendments to section 26-512 of chapter 4 of title 26 of the administra-
tive 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; b.
the amendments to section 6 of section 4 of the emergency tenant
protection act of nineteen seventy-four made by section two of this act
shall expire on the same date as such act expires and shall not affect
the expiration of such act as provided in section 17 of chapter 576 of
the laws of 1974; and c. the amendments to section 4 of the emergency
housing rent control law made by section three of this act shall expire
on the same date as such law expires and shall not affect the expiration
of such law as provided in subdivision 2 of section 1 of chapter 274 of
the laws of 1946.

2021-S367A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  367--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by Sens. HOYLMAN, BAILEY, KRUEGER, SEPULVEDA, SERRANO -- read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee  on  Housing,  Construction  and  Community  Development  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the administrative code of the city  of  New  York,  the
   emergency tenant protection act of nineteen seventy-four and the emer-
   gency  housing  rent  control  law,  in relation to requiring property
   owners to dedicate certain residential units to rent regulated  status
   following demolition and new construction or substantial renovation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 26-512 of the administrative code of  the  city  of
 New York is amended by adding a new subdivision f to read as follows:
   F.  NOTWITHSTANDING  ANY  PROVISION  OF LAW, RULE OR REGULATION TO THE
 CONTRARY, IF ALL OR A PORTION OF THE RENT REGULATED UNITS IN A  RESIDEN-
 TIAL  BUILDING  ARE RENDERED UNINHABITABLE OR ARE VACATED DUE TO DEMOLI-
 TION AND NEW CONSTRUCTION OR TO SUBSTANTIAL RENOVATION CONDUCTED  BY  OR
 ON  BEHALF  OF  THE  PROPERTY  OWNER  UNDER ANY OF THE FOLLOWING CIRCUM-
 STANCES,  THE  PROPERTY  OWNER  SHALL,  UPON  COMPLETION  OF   THE   NEW
 CONSTRUCTION  OR  RENOVATION OF THE BUILDING, DEDICATE TO RENT REGULATED
 STATUS AN EQUAL NUMBER OF UNITS, OF SIZES EQUIVALENT TO THOSE VACATED OR
 RENDERED UNINHABITABLE, AT THE  RENT  AMOUNT  ALLOWABLE  FOR  THE  UNITS
 EXISTING  PRIOR  TO  THE  DEMOLITION  OR  RENOVATION,  AND THE TENANT OR
 TENANTS IN POSSESSION IMMEDIATELY PRIOR TO SUCH DEMOLITION  OR  SUBSTAN-
 TIAL RENOVATION SHALL HAVE THE RIGHT OF FIRST REFUSAL FOR THE OCCUPATION
 OF SUCH UNITS:
   (1)  DEMOLITION OR SUBSTANTIAL RENOVATION CONDUCTED AFTER THE PROPERTY
 OWNER FILED AN APPLICATION FOR A BUILDING PERMIT WITH THE DEPARTMENT  OF
 BUILDINGS  FALSELY  REPORTING  THAT  NO  TENANTS  OCCUPIED  THE BUILDING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02827-02-1
 S. 367--A                           2
 
 PROPOSED FOR DEMOLITION OR  SUBSTANTIAL  RENOVATION,  WHEN  TENANTS,  IN
 FACT, DID OCCUPY THE BUILDING; OR
   (2)  DEMOLITION  OR  SUBSTANTIAL  RENOVATION  NECESSITATED  DUE TO THE
 NEGLIGENCE OF THE OWNER AND/OR LANDLORD; OR
   (3) DEMOLITION OR SUBSTANTIAL RENOVATION NECESSITATED BY ILLEGAL  CODE
 VIOLATIONS; OR
   (4)  DEMOLITION  OR  SUBSTANTIAL  RENOVATION  AUTHORIZED PURSUANT TO A
 PROJECT AS DEFINED BY SECTION THREE OF THE URBAN DEVELOPMENT CORPORATION
 ACT.
   § 2. Section 6 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 g to read as follows:
   G. NOTWITHSTANDING ANY PROVISION OF LAW, RULE  OR  REGULATION  TO  THE
 CONTRARY,  IF ALL OR A PORTION OF THE RENT REGULATED UNITS IN A RESIDEN-
 TIAL BUILDING ARE RENDERED UNINHABITABLE OR ARE VACATED DUE  TO  DEMOLI-
 TION  AND  NEW CONSTRUCTION OR TO SUBSTANTIAL RENOVATION CONDUCTED BY OR
 ON BEHALF OF THE PROPERTY OWNER  UNDER  ANY  OF  THE  FOLLOWING  CIRCUM-
 STANCES,   THE   PROPERTY  OWNER  SHALL,  UPON  COMPLETION  OF  THE  NEW
 CONSTRUCTION OR RENOVATION OF THE BUILDING, DEDICATE TO  RENT  REGULATED
 STATUS AN EQUAL NUMBER OF UNITS, OF SIZES EQUIVALENT TO THOSE VACATED OR
 RENDERED  UNINHABITABLE,  AT  THE  RENT  AMOUNT  ALLOWABLE FOR THE UNITS
 EXISTING PRIOR TO THE  DEMOLITION  OR  RENOVATION,  AND  THE  TENANT  OR
 TENANTS  IN  POSSESSION IMMEDIATELY PRIOR TO SUCH DEMOLITION OR SUBSTAN-
 TIAL RENOVATION SHALL HAVE THE RIGHT OF FIRST REFUSAL FOR THE OCCUPATION
 OF SUCH UNITS:
   (1) DEMOLITION OR SUBSTANTIAL RENOVATION CONDUCTED AFTER THE  PROPERTY
 OWNER  FILED AN APPLICATION FOR A BUILDING PERMIT WITH THE DEPARTMENT OF
 BUILDINGS FALSELY  REPORTING  THAT  NO  TENANTS  OCCUPIED  THE  BUILDING
 PROPOSED  FOR  DEMOLITION  OR  SUBSTANTIAL  RENOVATION, WHEN TENANTS, IN
 FACT, DID OCCUPY THE BUILDING; OR
   (2) DEMOLITION OR  SUBSTANTIAL  RENOVATION  NECESSITATED  DUE  TO  THE
 NEGLIGENCE OF THE OWNER AND/OR LANDLORD; OR
   (3)  DEMOLITION OR SUBSTANTIAL RENOVATION NECESSITATED BY ILLEGAL CODE
 VIOLATIONS; OR
   (4) DEMOLITION OR SUBSTANTIAL  RENOVATION  AUTHORIZED  PURSUANT  TO  A
 PROJECT AS DEFINED BY SECTION THREE OF THE URBAN DEVELOPMENT CORPORATION
 ACT.
   §  3.  Section  5 of chapter 274 of the laws of 1946, constituting the
 emergency housing rent control law, is amended by adding a new  subdivi-
 sion 9 to read as follows:
   9.  NOTWITHSTANDING  ANY  PROVISION  OF LAW, RULE OR REGULATION TO THE
 CONTRARY, IF ALL OR A PORTION OF THE RENT REGULATED UNITS IN A  RESIDEN-
 TIAL  BUILDING  ARE RENDERED UNINHABITABLE OR ARE VACATED DUE TO DEMOLI-
 TION AND NEW CONSTRUCTION OR TO SUBSTANTIAL RENOVATION CONDUCTED  BY  OR
 ON  BEHALF  OF  THE  PROPERTY  OWNER  UNDER ANY OF THE FOLLOWING CIRCUM-
 STANCES,  THE  PROPERTY  OWNER  SHALL,  UPON  COMPLETION  OF   THE   NEW
 CONSTRUCTION  OR  RENOVATION OF THE BUILDING, DEDICATE TO RENT REGULATED
 STATUS AN EQUAL NUMBER OF UNITS, OF SIZES EQUIVALENT TO THOSE VACATED OR
 RENDERED UNINHABITABLE, AT THE  RENT  AMOUNT  ALLOWABLE  FOR  THE  UNITS
 EXISTING  PRIOR  TO  THE  DEMOLITION  OR  RENOVATION,  AND THE TENANT OR
 TENANTS IN POSSESSION IMMEDIATELY PRIOR TO SUCH DEMOLITION  OR  SUBSTAN-
 TIAL RENOVATION SHALL HAVE THE RIGHT OF FIRST REFUSAL FOR THE OCCUPATION
 OF SUCH UNITS:
   (A)  DEMOLITION OR SUBSTANTIAL RENOVATION CONDUCTED AFTER THE PROPERTY
 OWNER FILED AN APPLICATION FOR A BUILDING PERMIT WITH THE DEPARTMENT  OF
 BUILDINGS  FALSELY  REPORTING  THAT  NO  TENANTS  OCCUPIED  THE BUILDING
 S. 367--A                           3
 
 PROPOSED FOR DEMOLITION OR  SUBSTANTIAL  RENOVATION,  WHEN  TENANTS,  IN
 FACT, DID OCCUPY THE BUILDING; OR
   (B)  DEMOLITION  OR  SUBSTANTIAL  RENOVATION  NECESSITATED  DUE TO THE
 NEGLIGENCE OF THE OWNER AND/OR LANDLORD; OR
   (C) DEMOLITION OR SUBSTANTIAL RENOVATION NECESSITATED BY ILLEGAL  CODE
 VIOLATIONS; OR
   (D)  DEMOLITION  OR  SUBSTANTIAL  RENOVATION  AUTHORIZED PURSUANT TO A
 PROJECT AS DEFINED BY SECTION THREE OF THE URBAN DEVELOPMENT CORPORATION
 ACT.
   § 4. This act shall take effect immediately; provided,  however,  that
 the  amendments to section 26-512 of chapter 4 of title 26 of the admin-
 istrative 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.

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Senate Bill S367A

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Sponsored By

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

Bill Amendments

co-Sponsors

2021-S367 - Details

2021-S367 - Summary

2021-S367 - Sponsor Memo

2021-S367 - Bill Text download pdf

co-Sponsors

2021-S367A (ACTIVE) - Details

2021-S367A (ACTIVE) - Summary

2021-S367A (ACTIVE) - Sponsor Memo

2021-S367A (ACTIVE) - Bill Text download pdf

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