NY State Senate Bill 2021-S8783B

Senate Bill S8783B

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 Senate Committee Judiciary 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 20, 2022	print number 8783b
May 20, 2022	amend (t) and recommit to judiciary
May 12, 2022	print number 8783a
May 12, 2022	amend (t) and recommit to judiciary
Apr 18, 2022	referred to judiciary

Bill Amendments

Original

B (Active)

co-Sponsors

2021-S8783 - Details

See Assembly Version of this Bill:: A9802
Current Committee:: Senate Judiciary
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:: S2276, A1075

2021-S8783 - 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-S8783 - Sponsor Memo

                                 
BILL NUMBER: S8783

SPONSOR: KAVANAGH
 
TITLE OF BILL:

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

 
PURPOSE:

To give the local government of New York City the option of bringing
certain unsafe units up to code so that more New Yorkers do not trag-
ically die in housing that that does not have basic safety features

 
SUMMARY OF PROVISIONS:

Section 1 amends the real property law by adding a new article 16 that
establishes definitions and empowers the local government of New York
City to create an amnesty program that could exempt the owners of build-
ings in which an accessory dwelling unit was in existence prior to the
effective date of the legislation from violations of local laws and

regulations. The program may also provide that any provision of the
multiple dwelling law, or any local law, regulation, or zoning resol-
ution is not applicable in the context of the program. Finally, any
program created pursuant to article 16 of the real property law must
include a process by which permit applications to create an accessory
dwelling unit include a certification that the unit was rented to a
tenant and what 'the rent charged was. The tenant shall have a right of
first refusal to return to the unit and a cause of action if that right
is denied.

Section 2 provides the effective date

 
JUSTIFICATION:

New York City estimates there are 100,000 New Yorkers living in some
50,000 or more illegal basement units. The majority of these units are
dangerous because they do not contain proper egress, electrical systems,
ventilation, and other basic safety features. Over the course of Hurri-
cane Ida in 2021, 11 New Yorkers living in illegal basement units were
killed when their homes rapidly flooded.  Tragedies like this one are
avoidable when local governments are given the opportunity to establish
programs that suit their needs.

This legislation would provide the local government the option of creat-
ing amnesty program to bring existing illegal basement units into
conformance with basic safety standards without having to comply with
elements of the state multiple dwelling law that inhibit the formaliza-
tion of these units. This legislation does not validate the illegal
behavior that building owners may have engaged in when creating a base-
ment unit in the same way that a gun buyback program does not validate
the behavior of the owner of an illegal gun. In both cases, the purpose
of the policy is to make people safe. This legislation recognizes the
undeniable reality that basement units are part of the City's housing
stock and gives latitude to the City of New York to protect its vulner-
able residents by creating a pathway to safe housing as well as all the
rights afforded to tenants.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect on the one hundred and eightieth day after it
shall have become a law.

2021-S8783 - 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.

co-Sponsors

2021-S8783A - Details

See Assembly Version of this Bill:: A9802
Current Committee:: Senate Judiciary
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:: S2276, A1075

2021-S8783A - 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-S8783A - Sponsor Memo

                                 
BILL NUMBER: S8783A

SPONSOR: KAVANAGH
 
TITLE OF BILL:

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

 
PURPOSE:

To give the local government of New York City the option of bringing
certain unsafe units up to code so that more New Yorkers do not trag-
ically die in housing that that does not have basic safety features.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the real property law by adding a new article 16 that
establishes definitions and empowers the local government of New York
City to create an amnesty program that could exempt the owners of build-
ings in which a basement and cellar dwelling unit was in existence prior
to the effective date of the legislation from violations of local laws

and regulations. The program may also provide that any provision of the
multiple dwelling law, or any local law, regulation, or zoning resol-
ution is not applicable in the context of the program. Finally, any
program created pursuant to article 16 of the real property law must
include a process by which permit applications to legalize a basement
and cellar dwelling unit include a certification that the unit was rent-
ed for residential purposes and the amount of rent charged. A tenant who
was evicted or otherwise removed from the unit shall have a right of
first refusal to return to the unit and a cause of action if that right
is denied.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

New York City estimates there are 100,000 New Yorkers living in some
50,000 or more illegal basement units. The majority of these units are
dangerous because they do not contain proper egress, electrical systems,
ventilation, and other basic safety features. Over the course of Hurri-
cane Ida in 2021, 11 New Yorkers living in illegal basement units were
killed when their homes rapidly flooded. Tragedies like this one are
avoidable when local governments are given the opportunity to establish
programs that suit their needs.

This legislation would provide the local government the option of creat-
ing an amnesty program to bring existing illegal basement and cellar
dwelling units into conformance with basic safety standards without
having to comply with elements of the state multiple dwelling law that
inhibit the formalization of these units. This legislation does not
validate the illegal behavior that building owners may have engaged in
when creating a basement or cellar unit in the same way that a gun
buyback program does not validate the behavior of the owner of an ille-
gal gun. In both cases, the purpose of the policy is to make people
safe. This legislation recognizes the undeniable reality that basement
and cellar dwelling units are part of the City's housing stock and gives
latitude to the City of New York to protect its vulnerable residents by

creating a pathway to safe housing as well as all the rights afforded to
tenants.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S8783A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8783--A
 
                             I N  S E N A T E
 
                              April 18, 2022
                                ___________
 
 Introduced  by  Sens.  KAVANAGH, CLEARE, FELDER, GOUNARDES, SEPULVEDA --
   read twice and ordered printed, and when printed to  be  committed  to
   the  Committee  on  Judiciary  --  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.
   4.  "TENANT"  SHALL MEAN A TENANT, SUBTENANT, LESSEE, SUBLESSEE, OCCU-
 PANT, OR ASSIGNEE OF A BASEMENT OR CELLAR DWELLING UNIT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14945-02-2

 S. 8783--A                          2
 
   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

View additional co-sponsors

2021-S8783B (ACTIVE) - Details

See Assembly Version of this Bill:: A9802
Current Committee:: Senate Judiciary
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:: S2276, A1075

2021-S8783B (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-S8783B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8783B

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the multiple dwelling law and the private housing
finance law, in relation to establishing a program to address the legal-
ization 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

 
PURPOSE:

This bill authorizes the local government of New York City to establish
a program to legalize specified basements and cellars. It also sets
forth provisions for loans provided by a municipality for the rehabili-
tation of such basements and cellars.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the Multiple Dwelling Law by adding a new article 7-D,
containing new sections 288, 289, and 290, to authorize New York City to

establish a program by local law to provide for the legalization and
conversion of specified basements and cellars.

Section 288 of article 7-D sets forth the definitions of the terms
"inhabited basement or cellar," "rented," and "tenant."

Section 289 of article 7-D authorizes the local legislative body of a
city with a population of one million or more to establish a program
through local law to allow for the legalization of specified basements
and cellars.

Section 290 of article 7-D lays out tenant protections in inhabited
basements and cellars.

Sections 2 amends subdivisions 1 of Section 472 of the Private Housing
Finance Law to allow for an exception from the maximum loan amount for
loans provided for the rehabilitation of specified basements and
cellars.

Section 3 amends subdivision 1-a of Section 472 of the Private Housing
Finance Law to specify the definition of the term "loan" and clarifies
that the repayment or forgiveness of and the security for a loan do not
apply to a grant.

Section 4 amends subdivision 2 of Section 473 of the Private Housing
Finance Law to allow for an exception from the finding of blight for
loans provided for the rehabilitation of specified basements and
cellars.

Section 5 sets forth the effective date.

 
JUSTIFICATION:

State authorization is needed for New York City to establish a program
to allow for the legalization of basements and cellars. This legislation
would enable New York City to create a pathway for an estimated 50,000
basement units currently used improperly for residential purposes to be
brought up to code, addressing health and safety issues such as lack of
proper egress, electrical systems, ventilation, and other basic safety
features.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S8783B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8783--B
 
                             I N  S E N A T E
 
                              April 18, 2022
                                ___________
 
 Introduced  by  Sens.  KAVANAGH, CLEARE, FELDER, GOUNARDES, SEPULVEDA --
   read twice and ordered printed, and when printed to  be  committed  to
   the  Committee  on  Judiciary  --  committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   committee  discharged,  bill amended, 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
 CITY  WITH  A  POPULATION  OF ONE MILLION OR MORE, THE LOCAL LEGISLATIVE
 BODY MAY, BY LOCAL LAW, ESTABLISH A PROGRAM TO ADDRESS, AS  APPROPRIATE,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14945-03-2
 S. 8783--B                          2
 
 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.
   § 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:
 S. 8783--B                          3
 
   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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Senate Bill S8783B

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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2021-S8783 - Details

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2021-S8783A - Details

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2021-S8783B (ACTIVE) - Details

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