Assembly Bill A10028

2023-2024 Legislative Session

Relates to the use of certain residential dwellings by tenants who left the dwelling temporarily due to the health impacts of COVID-19

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2023-A10028 (ACTIVE) - Details

See Senate Version of this Bill:
S9095
Current Committee:
Assembly Housing
Law Section:
Emergency Tenant Protection Act of 1974
Laws Affected:
Amd §5, Emerg Ten Prot Act of 1974

2023-A10028 (ACTIVE) - Summary

Provides that a tenant who has left a residential dwelling unit between the dates of March 12, 2020 and January 1, 2022 due to the health impacts of COVID-19 in the city of New York, who is a senior citizen or disabled person, and who asserts an intent to return to the housing accommodation shall be deemed to be occupying the unit as such tenant's residence.

2023-A10028 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10028
 
                           I N  A S S E M B L Y
 
                                May 1, 2024
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Housing
 
 AN ACT to amend the emergency tenant protection act of  nineteen  seven-
   ty-four,  in  relation  to the use of certain residential dwellings by
   tenants who left the dwelling temporarily due to the health impacts of
   COVID-19

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraph 11 of subdivision a of section 5 of section 4 of
 chapter 576 of the laws  of  1974,  constituting  the  emergency  tenant
 protection act of nineteen seventy-four, as amended by section 1 of part
 J of chapter 36 of the laws of 2019, is amended to read as follows:
   (11)  housing accommodations which are not occupied by the tenant, not
 including subtenants or occupants, as [his or her] SUCH TENANT'S primary
 residence, as determined by a court of competent jurisdiction.  For  the
 purposes  of  determining primary residency, a tenant who is a victim of
 domestic violence, as defined in section four  hundred  fifty-nine-a  of
 the social services law, who has left the unit because of such violence,
 and  who  asserts an intent to return to the housing accommodation shall
 be deemed to be occupying the unit as [his or her] SUCH TENANT'S primary
 residence. FOR THE PURPOSES OF DETERMINING PRIMARY RESIDENCY,  A  TENANT
 WHO HAS LEFT THE UNIT BETWEEN THE DATES OF MARCH 12, 2020 AND JANUARY 1,
 2022  DUE  TO THE HEALTH IMPACTS OF COVID-19 IN THE CITY OF NEW YORK AND
 IS A SENIOR CITIZEN OR IS A  DISABLED  PERSON  AS  DEFINED  IN  9  NYCRR
 2520.6, AND WHO ASSERTS AN INTENT TO RETURN TO THE HOUSING ACCOMMODATION
 SHALL  BE DEEMED TO BE OCCUPYING THE UNIT AS SUCH TENANT'S PRIMARY RESI-
 DENCE. For the purposes of this paragraph, where a housing accommodation
 is rented to a not-for-profit hospital for residential  use,  affiliated
 subtenants  authorized to use such accommodations by such hospital shall
 be deemed to be tenants.  For the purposes of this  paragraph,  where  a
 housing accommodation is rented to a not-for-profit for providing, as of
 and  after the effective date of the chapter of the laws of two thousand
 nineteen that amended this paragraph, permanent housing  to  individuals
 who  are or were homeless or at risk of homelessness, affiliated subten-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.