NY State Senate Bill 2021-S4937C

Senate Bill S4937C

Signed By Governor

2021-2022 Legislative Session

Relates to authorizing any dwelling with a certificate authorizing occupancy as a Class B hotel to also authorize occupancy of such units in such dwelling for permanent residence purposes

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 07, 2022	signed chap.214
Jun 06, 2022	delivered to governor
Jun 02, 2022	returned to senate passed assembly ordered to third reading rules cal.605 substituted for a6262b
May 24, 2022	referred to housing delivered to assembly passed senate
May 10, 2022	amended on third reading 4937c
May 05, 2022	advanced to third reading
May 04, 2022	2nd report cal.
May 03, 2022	1st report cal.1007
Apr 26, 2022	reported and committed to finance
Mar 25, 2022	print number 4937b
Mar 25, 2022	amend and recommit to housing, construction and community development
Mar 15, 2022	print number 4937a
Mar 15, 2022	amend and recommit to housing, construction and community development
Jan 05, 2022	referred to housing, construction and community development
Feb 18, 2021	referred to housing, construction and community development

Votes

- May 24, 2022 - Floor Vote
  S4937C
  
  41
  
  Aye
  
  20
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 24, 2022
      
      aye (41)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Breslin
      
      Brisport
      
      Brouk
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      May
      
      Mayer
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Rivera
      
      Ryan
      
      Salazar
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (20)
      
      Akshar
      
      Borrello
      
      Boyle
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jordan
      
      Lanza
      
      Martucci
      
      Mattera
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Rath III
      
      Ritchie
      
      Serino
      
      Stec
      
      Tedisco
      
      Weik
      
      excused (2)
      
      Brooks
      
      Sanders Jr.
  Apr 26, 2022 - Housing, Construction And Community Development Committee Vote
  S4937C
  
  8
  
  Aye
  
  2
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Housing, Construction And Community Development Committee Vote: Apr 26, 2022
      
      aye (8)
      
      Brisport
      
      Jackson
      
      Kavanagh
      
      Mannion
      
      Myrie
      
      Rivera
      
      Ryan
      
      Salazar
      
      nay (2)
      
      Boyle
      
      Helming
      
      aye wr (1)
      
      Martucci
  May 3, 2022 - Finance Committee Vote
  S4937C
  
  15
  
  Aye
  
  6
  
  Nay
  
  1
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: May 3, 2022
      
      aye (15)
      
      Bailey
      
      Breslin
      
      Comrie
      
      Gounardes
      
      Harckham
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      Liu
      
      Rivera
      
      Salazar
      
      Savino
      
      Skoufis
      
      Stavisky
      
      Thomas
      
      nay (6)
      
      Borrello
      
      Griffo
      
      O'Mara
      
      Ritchie
      
      Serino
      
      Tedisco
      
      aye wr (1)
      
      Gallivan
      
      absent (1)
      
      Parker

Bill Amendments

Original

C (Active)

2021-S4937 - Details

See Assembly Version of this Bill:: A6262
Law Section:: Multiple Dwelling Law
Laws Affected:: Amd §301, Mult Dwell L

2021-S4937 - Summary

Authorizes any dwelling with a certificate authorizing occupancy as a Class B hotel to also authorize occupancy of such units in such dwelling for permanent residence purposes.

2021-S4937 - Sponsor Memo

                                
 
BILL NUMBER: S4937             Revised 2/18/2021

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the multiple dwelling law, in relation to authorizing
any dwelling with a certificate authorizing occupancy as a Class B hotel
to also authorize occupancy of such units in such dwelling for permanent
residence purposes

 
PURPOSE OR GENERAL IDEA OF BILL:

Relates to authorizing any dwelling with a certificate authorizing occu-
pancy as a Class B hotel to also be used for permanent residence
purposes.

 
SUMMARY OF PROVISIONS:

Section 1 amends Section 301 of the multiple dwelling law to add a new
subdivision 7 that allows hotels to be used as permanent housing while
still retaining their Group 5 status and preexisting Certificates of

Occupancy.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

As the COVID-19 pandemic has left most of the world under severe travel
restrictions and as tourist destinations, conferences, and events in New
York have been restricted for nearly a year, thousands of hotel rooms
sit empty across the city of New York. This bill would allow hotel rooms
to be converted to permanent housing in a city desperately lacking in
supportive and affordable housing stock. The bill would permit these
conversions to be done without cost-prohibitive land use review proc-
esses or renovations in order to keep costs attainable for supportive
and affordable housing providers, with oversight provided by the New
York City Department of Housing Preservation and Development. Only
hotels within 800 feet of a residential district would be eligible for
conversion pursuant to this bill, to ensure that any tenants would have
access to the appropriate residential resources and amenities. This bill
seeks to help solve two outstanding issues facing the city: a lack of
affordable housing and underutilized hotel space.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Minimal. Increased occupancy of otherwise vacant hotel space may result
in a net increase in tax revenue.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S4937 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4937
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 18, 2021
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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 multiple dwelling law, in relation to authorizing
   any dwelling with a certificate authorizing occupancy  as  a  Class  B
   hotel  to  also authorize occupancy of such units in such dwelling for
   permanent residence purposes
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  301  of  the multiple dwelling law is amended by
 adding a new subdivision 7 to read as follows:
   7. ANY CERTIFICATE BY THE DEPARTMENT AUTHORIZING OCCUPANCY OF A DWELL-
 ING AS A CLASS B HOTEL SHALL ALSO AUTHORIZE OCCUPANCY OF UNITS  IN  SUCH
 DWELLING  FOR  PERMANENT  RESIDENCE  PURPOSES,  WHERE (A) SUCH UNITS ARE
 OPERATED BY A HOUSING PROVIDER THAT HAD BEEN  PRE-QUALIFIED  TO  OPERATE
 HOUSING  IN  CLASS B HOTELS BY A LOCAL HOUSING AGENCY AND SUCH UNITS ARE
 RENTED TO LOW- OR MODERATE-INCOME HOUSEHOLDS PURSUANT  TO  A  REGULATORY
 AGREEMENT  OR CONTRACT WITH A LOCAL OR STATE AGENCY, AND (B) ANY PORTION
 OF SUCH A DWELLING IS LOCATED WITHIN EIGHT HUNDRED FEET  OF  A  DISTRICT
 THAT  UNDER  THE LOCAL ZONING REGULATIONS OR ORDINANCES PERMITS RESIDEN-
 TIAL USES, NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR OF ANY STATE
 LAW, LOCAL LAW, ORDINANCE, RESOLUTION OR REGULATION THAT WOULD HAVE  (1)
 PROHIBITED  SUCH  OCCUPANCY,  (2) REQUIRED A CHANGE OR ALTERATION TO THE
 DWELLING, OR (3) REQUIRED A NEW OR AMENDED CERTIFICATE. EACH  TENANT  OF
 SUCH UNIT SHALL BE SUBJECT TO EITHER THE RENT STABILIZATION LAW OF NINE-
 TEEN  HUNDRED SIXTY-NINE OR THE EMERGENCY TENANT PROTECTION ACT OF NINE-
 TEEN SEVENTY-FOUR, OR BOTH, IF APPLICABLE TO THE LOCALITY.   ALTERATIONS
 TO  ANY SUCH DWELLING MAY INCLUDE THE CREATION OF MULTI-ROOM SUITES, THE
 ADDITION OF COOKING FACILITIES OR ACCESSORY  SPACES,  AND  SHALL  COMPLY
 WITH  ANY  APPLICABLE  REQUIREMENTS OF ANY STATE   LAW, LOCAL LAW, ORDI-
 NANCE, RESOLUTION OR REGULATION RELATING TO CLASS B HOTELS.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD09856-01-1

2021-S4937A - Details

See Assembly Version of this Bill:: A6262
Law Section:: Multiple Dwelling Law
Laws Affected:: Amd §301, Mult Dwell L

2021-S4937A - Summary

Authorizes any dwelling with a certificate authorizing occupancy as a Class B hotel to also authorize occupancy of such units in such dwelling for permanent residence purposes.

2021-S4937A - Sponsor Memo

                                 
BILL NUMBER: S4937a

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the multiple dwelling law, in relation to authorizing
any dwelling with a certificate authorizing occupancy as a Class B hotel
to also authorize occupancy of such units in such dwelling for permanent
residence purposes

 
PURPOSE OR GENERAL IDEA OF BILL:

Relates to authorizing any dwelling with a certificate authorizing occu-
pancy as a Class B hotel to also be used for permanent residence
purposes.

 
SUMMARY OF PROVISIONS:

Section 1 amends Section 301 of the multiple dwelling law to add a new
subdivision 7 that allows hotels to be used as permanent housing while
still retaining their Group 5 status and preexisting Certificates of
Occupancy.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

As the COVID-19 pandemic has left most of the world under severe travel
restrictions and as tourist destinations, conferences, and events in New
York have been restricted for nearly a year, thousands of hotel rooms
sit empty across the city of New York. This bill would allow hotel rooms
to be converted to permanent housing in a city desperately lacking in
supportive and affordable housing stock. The bill would permit these
conversions to be done without cost-prohibitive land use review proc-
esses or renovations in order to keep costs attainable for supportive
and affordable housing providers, with oversight provided by the New
York City Department of Housing Preservation and Development. Only
hotels within 800 feet of a residential district would be eligible for
conversion pursuant to this bill, to ensure that any tenants would have
access to the appropriate residential resources and amenities. This bill
seeks to help solve two outstanding issues facing the city: a lack of
affordable housing and underutilized hotel space.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Minimal. Increased occupancy of otherwise vacant hotel space may result
in a net increase in tax revenue.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S4937A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4937--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 18, 2021
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community  Development  --  recommitted  to  the Committee on Housing,
   Construction and Community Development in accordance with Senate  Rule
   6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the multiple dwelling law, in  relation  to  authorizing
   any  dwelling  with  a  certificate authorizing occupancy as a Class B
   hotel to also authorize occupancy of such units in such  dwelling  for
   permanent residence purposes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 301 of the multiple  dwelling  law  is  amended  by
 adding a new subdivision 7 to read as follows:
   7.  A.  ANY  CERTIFICATE  BY THE DEPARTMENT AUTHORIZING OCCUPANCY OF A
 DWELLING AS A CLASS B HOTEL SHALL ALSO AUTHORIZE OCCUPANCY OF  UNITS  IN
 SUCH  DWELLING  FOR  PERMANENT  RESIDENCE  PURPOSES  NOTWITHSTANDING ANY
 PROVISION OF THIS CHAPTER OR OF ANY STATE  LAW,  LOCAL  LAW,  ORDINANCE,
 RESOLUTION  OR  REGULATION THAT WOULD OTHERWISE PROHIBIT SUCH OCCUPANCY,
 REQUIRE A CHANGE OR ALTERATION TO THE DWELLING,  OR  REQUIRE  A  NEW  OR
 AMENDED  CERTIFICATE,  PROVIDED  THAT:  (1) SUCH OCCUPANCY FOR PERMANENT
 RESIDENCE PURPOSES SHALL BE SUBJECT TO THE APPROVAL OF THE LOCAL HOUSING
 AGENCY IN ITS DISCRETION; (2)  A  PORTION  OF  SUCH  DWELLING  SHALL  BE
 LOCATED  WITHIN  FOUR  HUNDRED  FEET  OF A DISTRICT THAT UNDER THE LOCAL
 ZONING REGULATIONS OR  ORDINANCES  PERMITS  RESIDENTIAL  USES  AND  SUCH
 DWELLING SHALL NOT BE LOCATED IN AN INDUSTRIAL BUSINESS ZONE ESTABLISHED
 PURSUANT TO CHAPTER SIX-D OF TITLE TWENTY-TWO OF THE ADMINISTRATIVE CODE
 OF  THE  CITY  OF  NEW  YORK; (3) IN THE CASE OF A PROPERTY AT WHICH ANY
 HOTEL WORKERS ARE REPRESENTED BY A COLLECTIVE BARGAINING REPRESENTATIVE,
 PRIOR TO THE PROPOSED CONVERSION  OF  SUCH  PROPERTY  TO  OCCUPANCY  FOR
 PERMANENT  RESIDENCE  PURPOSES, THE COLLECTIVE BARGAINING REPRESENTATIVE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09856-04-2

 S. 4937--A                          2
 
 SHALL BE NOTIFIED IN WRITING OF THE PROPOSED CONVERSION, AND THE PROPER-
 TY OWNER SHALL CERTIFY PRIOR TO THE LOCAL HOUSING AGENCY APPROVING  SUCH
 OCCUPANCY  THAT  THE  COLLECTIVE  BARGAINING REPRESENTATIVE HAS MUTUALLY
 AGREED  IN  A  SEPARATE WRITING WITH THE PROPERTY OWNER TO UNDERTAKE THE
 SPECIFIC CONVERSION DESCRIBED IN THE WRITTEN NOTICE; AND (4) SUCH DWELL-
 ING SHALL MEET THE CONDITIONS IN PARAGRAPH B OF THIS SUBDIVISION. ALTER-
 ATIONS TO THE CONFIGURATION OF ANY SUCH UNITS  SHALL  BE  PERMITTED  AND
 SHALL  COMPLY  WITH  ANY APPLICABLE REQUIREMENTS OF ANY STATE LAW, LOCAL
 LAW, ORDINANCE, RESOLUTION OR REGULATION RELATING TO CLASS B HOTELS.  IF
 OCCUPANCY  FOR  PERMANENT  RESIDENCE  PURPOSES  IS  AUTHORIZED UNDER THE
 PROVISIONS OF THIS SUBDIVISION WITHIN A DISTRICT WHERE THE LOCAL  ZONING
 REGULATIONS OR ORDINANCES WOULD NOT OTHERWISE PERMIT SUCH USE, THE RESI-
 DENTIAL TENANTS SHALL BE NOTIFIED OF THE DISTRICT'S ZONING.
   B.  OCCUPANCY OF UNITS IN A DWELLING SHALL NOT BE AUTHORIZED UNDER THE
 PROVISIONS OF PARAGRAPH A OF THIS  SUBDIVISION  UNLESS  SUCH  UNITS  ARE
 PURCHASED,  ACQUIRED,  OR  FINANCED: (1) BY THE STATE PURSUANT TO AND IN
 COMPLIANCE WITH THE PROVISIONS OF  ARTICLE  THIRTY-ONE  OF  THE  PRIVATE
 HOUSING  FINANCE  LAW; OR (2) BY A LOCAL HOUSING AGENCY, FOR THE PURPOSE
 OF CREATING SUPPORTIVE AND/OR AFFORDABLE HOUSING TO BE  OPERATED  BY  AN
 APPROPRIATE NONPROFIT ORGANIZATION PURSUANT TO A REGULATORY AGREEMENT OR
 CONTRACT  WITH  SUCH  LOCAL  AGENCY  FOR LOW-INCOME HOUSEHOLDS OR PEOPLE
 EXPERIENCING HOMELESSNESS IMMEDIATELY PRIOR TO  ENTERING  SUCH  HOUSING,
 WHERE  TENANTS  SHALL  PAY  NO  MORE THAN THIRTY PERCENT OF THEIR INCOME
 TOWARD RENT AND ALL UNITS ARE RENT STABILIZED AND SUBJECT  TO  PERMANENT
 AFFORDABILITY RESTRICTIONS. FOR PURPOSES OF THIS PARAGRAPH, "APPROPRIATE
 NONPROFIT  ORGANIZATION",  "AFFORDABLE HOUSING", "EXPERIENCING HOMELESS-
 NESS", "RENT STABILIZED",  AND  "PERMANENT  AFFORDABILITY  RESTRICTIONS"
 SHALL  HAVE  THE  SAME  MEANING  AS DEFINED IN ARTICLE THIRTY-ONE OF THE
 PRIVATE HOUSING FINANCE LAW.
   § 2. This act shall take effect immediately.

co-Sponsors

2021-S4937B - Details

See Assembly Version of this Bill:: A6262
Law Section:: Multiple Dwelling Law
Laws Affected:: Amd §301, Mult Dwell L

2021-S4937B - Summary

Authorizes any dwelling with a certificate authorizing occupancy as a Class B hotel to also authorize occupancy of such units in such dwelling for permanent residence purposes.

2021-S4937B - Sponsor Memo

                                 
BILL NUMBER: S4937B

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the multiple dwelling law, in relation to authorizing
any dwelling with a certificate authorizing occupancy as a Class B hotel
to also authorize occupancy of such units in such dwelling for permanent
residence purposes

 
PURPOSE OR GENERAL IDEA, OF BILL:

Relates to authorizing any dwelling with a certificate authorizing occu-
pancy as a Class B hotel to also be used for permanent residence
purposes.

 
SUMMARY OF PROVISIONS:

Section 1 amends Section 301 of the multiple dwelling law to add a new
subdivision 7 that allows hotels to be used as permanent housing while
still retaining their Group 5 status and preexisting Certificates of
Occupancy.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

As the COVID-19 pandemic has left most of the world under severe travel
restrictions and as tourist destinations, conferences, and events in New
York have been restricted for nearly a year, thousands of hotel rooms
sit empty across the city of New York. This bill would allow hotel rooms
to be converted to permanent housing in a city desperately lacking in
supportive and affordable housing stock. The bill would permit these
conversions to be done without cost-prohibitive land use review proc-
esses or renovations in order to keep costs attainable for supportive
and affordable housing providers, with oversight provided by the New
York City Department of Housing Preservation and Development. Only
hotels located in a zoning district that allows for residential use, or
within 400 feet of such a residential district, would be eligible for
conversion pursuant to this bill, to ensure that any tenants would have
access to the appropriate residential resources and amenities. This bill
seeks to help solve two outstanding issues facing the city: a lack of
affordable housing and underutilized hotel space.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Minimal. Increased occupancy of otherwise vacant hotel space may result
in a net increase in tax revenue.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S4937B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4937--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 18, 2021
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community  Development  --  recommitted  to  the Committee on Housing,
   Construction and Community Development in accordance with Senate  Rule
   6,  sec. 8 -- 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, in  relation  to  authorizing
   any  dwelling  with  a  certificate authorizing occupancy as a Class B
   hotel to also authorize occupancy of such units in such  dwelling  for
   permanent residence purposes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 301 of the multiple  dwelling  law  is  amended  by
 adding a new subdivision 7 to read as follows:
   7.  A.  ANY  CERTIFICATE  BY THE DEPARTMENT AUTHORIZING OCCUPANCY OF A
 DWELLING AS A CLASS B HOTEL SHALL ALSO AUTHORIZE OCCUPANCY OF  UNITS  IN
 SUCH  DWELLING  FOR  PERMANENT  RESIDENCE  PURPOSES  NOTWITHSTANDING ANY
 PROVISION OF THIS CHAPTER OR OF ANY STATE  LAW,  LOCAL  LAW,  ORDINANCE,
 RESOLUTION  OR  REGULATION THAT WOULD OTHERWISE PROHIBIT SUCH OCCUPANCY,
 REQUIRE A CHANGE OR ALTERATION TO THE DWELLING,  OR  REQUIRE  A  NEW  OR
 AMENDED  CERTIFICATE,  PROVIDED  THAT:  (1) SUCH OCCUPANCY FOR PERMANENT
 RESIDENCE PURPOSES SHALL BE SUBJECT TO THE APPROVAL OF THE LOCAL HOUSING
 AGENCY IN ITS DISCRETION; (2)  A  PORTION  OF  SUCH  DWELLING  SHALL  BE
 LOCATED  WITHIN  A  DISTRICT  THAT UNDER THE LOCAL ZONING REGULATIONS OR
 ORDINANCES PERMITS RESIDENTIAL USES OR WITHIN FOUR HUNDRED FEET OF  SUCH
 A  DISTRICT,  AND  SUCH  DWELLING  SHALL NOT BE LOCATED IN AN INDUSTRIAL
 BUSINESS ZONE ESTABLISHED PURSUANT TO CHAPTER SIX-D OF TITLE  TWENTY-TWO
 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK; (3) IN THE CASE OF A
 PROPERTY  AT  WHICH  ANY  HOTEL  WORKERS ARE REPRESENTED BY A COLLECTIVE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09856-08-2

 S. 4937--B                          2
 
 BARGAINING REPRESENTATIVE, PRIOR TO  THE  PROPOSED  CONVERSION  OF  SUCH
 PROPERTY  TO  OCCUPANCY FOR PERMANENT RESIDENCE PURPOSES, THE COLLECTIVE
 BARGAINING REPRESENTATIVE SHALL BE NOTIFIED IN WRITING OF  THE  PROPOSED
 CONVERSION,  AND  THE  PROPERTY  OWNER  SHALL CERTIFY PRIOR TO THE LOCAL
 HOUSING AGENCY APPROVING SUCH OCCUPANCY THAT THE  COLLECTIVE  BARGAINING
 REPRESENTATIVE  HAS MUTUALLY AGREED IN A SEPARATE WRITING WITH THE PROP-
 ERTY OWNER TO UNDERTAKE THE SPECIFIC CONVERSION DESCRIBED IN THE WRITTEN
 NOTICE; AND (4) SUCH DWELLING SHALL MEET THE CONDITIONS IN  PARAGRAPH  B
 OF  THIS SUBDIVISION. ALTERATIONS TO THE CONFIGURATION OF ANY SUCH UNITS
 SHALL BE PERMITTED AND SHALL COMPLY WITH ANY APPLICABLE REQUIREMENTS  OF
 ANY  STATE  LAW, LOCAL LAW, ORDINANCE, RESOLUTION OR REGULATION RELATING
 TO CLASS B HOTELS. IF OCCUPANCY  FOR  PERMANENT  RESIDENCE  PURPOSES  IS
 AUTHORIZED  UNDER  THE  PROVISIONS OF THIS SUBDIVISION WITHIN A DISTRICT
 WHERE THE LOCAL ZONING REGULATIONS OR  ORDINANCES  WOULD  NOT  OTHERWISE
 PERMIT  SUCH  USE,  THE  RESIDENTIAL  TENANTS  SHALL  BE NOTIFIED OF THE
 DISTRICT'S ZONING.
   B. OCCUPANCY OF UNITS IN A DWELLING SHALL NOT BE AUTHORIZED UNDER  THE
 PROVISIONS  OF PARAGRAPH A OF THIS SUBDIVISION UNLESS SUCH UNITS ARE (1)
 FINANCED BY THE STATE PURSUANT TO AND IN COMPLIANCE WITH THE  PROVISIONS
 OF  ARTICLE  THIRTY-ONE  OF  THE  PRIVATE  HOUSING  FINANCE  LAW; OR (2)
 PURCHASED, ACQUIRED, OR FINANCED BY A  LOCAL  HOUSING  AGENCY,  FOR  THE
 PURPOSE  OF CREATING SUPPORTIVE AND/OR AFFORDABLE HOUSING TO BE OPERATED
 BY AN APPROPRIATE NONPROFIT ORGANIZATION PURSUANT TO A REGULATORY AGREE-
 MENT OR CONTRACT WITH SUCH LOCAL AGENCY  FOR  LOW-INCOME  HOUSEHOLDS  OR
 PEOPLE  EXPERIENCING  HOMELESSNESS  IMMEDIATELY  PRIOR  TO ENTERING SUCH
 HOUSING, WHERE TENANTS SHALL PAY NO MORE THAN THIRTY  PERCENT  OF  THEIR
 INCOME  TOWARD  RENT  AND  ALL  UNITS ARE RENT STABILIZED AND SUBJECT TO
 PERMANENT AFFORDABILITY RESTRICTIONS. FOR PURPOSES  OF  THIS  PARAGRAPH,
 "APPROPRIATE  NONPROFIT ORGANIZATION", "AFFORDABLE HOUSING", "EXPERIENC-
 ING  HOMELESSNESS",  "RENT  STABILIZED",  AND  "PERMANENT  AFFORDABILITY
 RESTRICTIONS"  SHALL HAVE THE SAME MEANING AS DEFINED IN ARTICLE THIRTY-
 ONE OF THE PRIVATE HOUSING FINANCE LAW.
   § 2. This act shall take effect immediately.

co-Sponsors

2021-S4937C (ACTIVE) - Details

See Assembly Version of this Bill:: A6262
Law Section:: Multiple Dwelling Law
Laws Affected:: Amd §301, Mult Dwell L

2021-S4937C (ACTIVE) - Summary

Authorizes any dwelling with a certificate authorizing occupancy as a Class B hotel to also authorize occupancy of such units in such dwelling for permanent residence purposes.

2021-S4937C (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4937C

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the multiple dwelling law, in relation to authorizing
any dwelling with a certificate authorizing occupancy as a Class B hotel
to also authorize occupancy of such units in such dwelling for permanent
residence purposes

 
PURPOSE:

This bill authorizes certain dwelling with a certificate authorizing
occupancy as a Class B hotel to also be used for permanent residence
purposes.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends Section 301 of the multiple dwelling law to add a new
subdivision 7 that allows hotels to be used as permanent housing while
still retaining their Group 5 status and preexisting Certificates of
Occupancy.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

As the COVID-19 pandemic has left most of the world under severe travel
restrictions and as tourist destinations, conferences, and events in New
York have been restricted for over two years, thousands of hotel rooms
sit empty across the city of New York. This bill would allow hotel rooms
to be converted to permanent housing in a city desperately lacking in
supportive and affordable housing stock. The bill would permit these
conversions to be done without costprohibitive land use review processes
or renovations in order to keep costs attainable for supportive and
affordable housing providers, with oversight provided by the New York
City Department of Housing Preservation and Development. Only hotels
located in a zoning district that allows for residential use, or within
400 feet of such a residential district, would be eligible for conver-
sion pursuant to this bill, to ensure that any tenants would have access
to the appropriate residential resources and amenities. This bill seeks
to help solve two outstanding issues facing the city: a lack of afforda-
ble housing and underutilized hotel space.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

Minimal. Increased occupancy of otherwise vacant hotel space may result
in a net increase in tax revenue.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S4937C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4937--C
     Cal. No. 1007
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 18, 2021
                                ___________
 
 Introduced  by Sens. KAVANAGH, CLEARE -- read twice and ordered printed,
   and when  printed  to  be  committed  to  the  Committee  on  Housing,
   Construction and Community Development -- recommitted to the Committee
   on  Housing, Construction and Community Development in accordance with
   Senate Rule 6, sec. 8 -- 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  --  reported  favorably  from  said  committee  and
   committed  to the Committee on Finance -- reported favorably from said
   committee, ordered to first and second  report,  ordered  to  a  third
   reading,  amended  and  ordered  reprinted, retaining its place in the
   order of third reading
 
 AN ACT to amend the multiple dwelling law, in  relation  to  authorizing
   any  dwelling  with  a  certificate authorizing occupancy as a Class B
   hotel to also authorize occupancy of such units in such  dwelling  for
   permanent residence purposes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 301 of the multiple  dwelling  law  is  amended  by
 adding a new subdivision 7 to read as follows:
   7.  A.  ANY  CERTIFICATE  BY THE DEPARTMENT AUTHORIZING OCCUPANCY OF A
 DWELLING AS A CLASS B HOTEL SHALL ALSO AUTHORIZE OCCUPANCY OF  UNITS  IN
 SUCH  DWELLING  FOR  PERMANENT  RESIDENCE  PURPOSES  NOTWITHSTANDING ANY
 PROVISION OF THIS CHAPTER OR OF ANY STATE  LAW,  LOCAL  LAW,  ORDINANCE,
 RESOLUTION  OR  REGULATION THAT WOULD OTHERWISE PROHIBIT SUCH OCCUPANCY,
 REQUIRE A CHANGE OR ALTERATION TO THE DWELLING,  OR  REQUIRE  A  NEW  OR
 AMENDED  CERTIFICATE,  PROVIDED  THAT:  (1) SUCH OCCUPANCY FOR PERMANENT
 RESIDENCE PURPOSES SHALL BE SUBJECT TO THE APPROVAL OF THE LOCAL HOUSING
 AGENCY IN ITS DISCRETION; (2)  A  PORTION  OF  SUCH  DWELLING  SHALL  BE
 LOCATED  WITHIN  A  DISTRICT  THAT UNDER THE LOCAL ZONING REGULATIONS OR
 ORDINANCES PERMITS RESIDENTIAL USES OR WITHIN FOUR HUNDRED FEET OF  SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09856-10-2
 S. 4937--C                          2
 
 A  DISTRICT,  AND  SUCH  DWELLING  SHALL NOT BE LOCATED IN AN INDUSTRIAL
 BUSINESS ZONE ESTABLISHED PURSUANT TO CHAPTER SIX-D OF TITLE  TWENTY-TWO
 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK; (3) IN THE CASE OF A
 PROPERTY  AT  WHICH  ANY  HOTEL  WORKERS ARE REPRESENTED BY A COLLECTIVE
 BARGAINING REPRESENTATIVE, PRIOR TO  THE  PROPOSED  CONVERSION  OF  SUCH
 PROPERTY  TO  OCCUPANCY FOR PERMANENT RESIDENCE PURPOSES, THE COLLECTIVE
 BARGAINING REPRESENTATIVE SHALL BE NOTIFIED IN WRITING OF  THE  PROPOSED
 CONVERSION,  AND  THE  PROPERTY  OWNER  SHALL CERTIFY PRIOR TO THE LOCAL
 HOUSING AGENCY APPROVING SUCH OCCUPANCY THAT THE  COLLECTIVE  BARGAINING
 REPRESENTATIVE  HAS MUTUALLY AGREED IN A SEPARATE WRITING WITH THE PROP-
 ERTY OWNER TO UNDERTAKE THE SPECIFIC CONVERSION DESCRIBED IN THE WRITTEN
 NOTICE; AND (4) SUCH DWELLING SHALL MEET THE CONDITIONS IN  PARAGRAPH  B
 OF  THIS SUBDIVISION. ALTERATIONS TO THE CONFIGURATION OF ANY SUCH UNITS
 SHALL BE PERMITTED AND SHALL COMPLY WITH ANY APPLICABLE REQUIREMENTS  OF
 ANY  STATE  LAW, LOCAL LAW, ORDINANCE, RESOLUTION OR REGULATION RELATING
 TO CLASS B HOTELS. IF OCCUPANCY  FOR  PERMANENT  RESIDENCE  PURPOSES  IS
 AUTHORIZED  UNDER  THE  PROVISIONS OF THIS SUBDIVISION WITHIN A DISTRICT
 WHERE THE LOCAL ZONING REGULATIONS OR  ORDINANCES  WOULD  NOT  OTHERWISE
 PERMIT  SUCH  USE,  THE  RESIDENTIAL  TENANTS  SHALL  BE NOTIFIED OF THE
 DISTRICT'S ZONING.
   B. OCCUPANCY OF UNITS IN A DWELLING SHALL NOT BE AUTHORIZED UNDER  THE
 PROVISIONS  OF PARAGRAPH A OF THIS SUBDIVISION UNLESS SUCH UNITS ARE (1)
 FINANCED BY THE STATE PURSUANT TO AND IN COMPLIANCE WITH THE  PROVISIONS
 OF  ARTICLE  THIRTY-ONE  OF  THE  PRIVATE  HOUSING  FINANCE  LAW; OR (2)
 PURCHASED, ACQUIRED, OR FINANCED BY A  LOCAL  HOUSING  AGENCY,  FOR  THE
 PURPOSE  OF CREATING SUPPORTIVE AND/OR AFFORDABLE HOUSING TO BE OPERATED
 BY AN APPROPRIATE NONPROFIT ORGANIZATION PURSUANT TO A REGULATORY AGREE-
 MENT OR CONTRACT WITH SUCH LOCAL AGENCY  FOR  LOW-INCOME  HOUSEHOLDS  OR
 PEOPLE  EXPERIENCING  HOMELESSNESS  IMMEDIATELY  PRIOR  TO ENTERING SUCH
 HOUSING, WHERE TENANTS SHALL EARN NO MORE THAN SIXTY PERCENT OF THE AREA
 MEDIAN INCOME AND ALL UNITS ARE RENT STABILIZED AND SUBJECT TO PERMANENT
 AFFORDABILITY RESTRICTIONS. FOR PURPOSES OF THIS PARAGRAPH, "APPROPRIATE
 NONPROFIT ORGANIZATION", "AFFORDABLE HOUSING",  "EXPERIENCING  HOMELESS-
 NESS",  "RENT  STABILIZED",  AND  "PERMANENT AFFORDABILITY RESTRICTIONS"
 SHALL HAVE THE SAME MEANING AS DEFINED  IN  ARTICLE  THIRTY-ONE  OF  THE
 PRIVATE HOUSING FINANCE LAW.
   § 2. This act shall take effect immediately.

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Senate Bill S4937C

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Sponsored By

Brian Kavanagh

Archive: Last Bill Status - Signed by Governor

Bill Amendments

2021-S4937 - Details

2021-S4937 - Summary

2021-S4937 - Sponsor Memo

2021-S4937 - Bill Text download pdf

2021-S4937A - Details

2021-S4937A - Summary

2021-S4937A - Sponsor Memo

2021-S4937A - Bill Text download pdf

co-Sponsors

Cordell Cleare

2021-S4937B - Details

2021-S4937B - Summary

2021-S4937B - Sponsor Memo

2021-S4937B - Bill Text download pdf

co-Sponsors

Alessandra Biaggi

Cordell Cleare

Luis R. Sepúlveda

2021-S4937C (ACTIVE) - Details

2021-S4937C (ACTIVE) - Summary

2021-S4937C (ACTIVE) - Sponsor Memo

2021-S4937C (ACTIVE) - Bill Text download pdf

Comments