NY State Assembly Bill 2023-A1954A

Assembly Bill A1954A

2023-2024 Legislative Session

Expands definition of eligible senior citizen and disabled person with respect to condominium and cooperative conversion

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Archive: Last 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 14, 2024	print number 1954a
May 14, 2024	amend and recommit to housing
Jan 03, 2024	referred to housing
Jan 23, 2023	referred to housing

Bill Amendments

Original

A (Active)

2023-A1954 - Details

See Senate Version of this Bill:: S9357
Current Committee:: Assembly Housing
Law Section:: General Business Law
Laws Affected:: Amd §§352-e, 352-eee & 352-eeee, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A5684
2011-2012: A4450
2013-2014: A5594
2015-2016: A3737
2017-2018: A8162
2019-2020: A3411
2021-2022: A7017

2023-A1954 - Summary

Expands definition of eligible senior citizen and disabled person to include any member of the tenant's household lawfully occupying the premises as such person's residence who is 62 years of age with respect to condominium and cooperative conversion to provide protection to disabled and senior citizen non-purchasing residents of buildings that undergo cooperative or condominium conversions under an eviction plan even where such residents are not tenants of record in the buildings.

2023-A1954 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1954
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
   the Committee on Housing
 
 AN ACT to amend the general business law, in relation to senior citizens
   and disabled persons
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subparagraphs (iii) and (iv) of paragraph (a) of subdivi-
 sion 2-a of section 352-e of the general business law, as added by chap-
 ter 771 of the laws of 1983, are amended to read as follows:
   (iii) "Eligible  senior  citizens".  Non-purchasing  tenants  who  are
 sixty-two  years  of  age  or older on the date the attorney general has
 accepted the plan for filing, and the spouses of  any  such  tenants  on
 such  date,  [and who have elected] OR ANY MEMBER OF THE TENANT'S HOUSE-
 HOLD, LAWFULLY OCCUPYING THE PREMISES AS HIS OR  HER  RESIDENCE  WHO  IS
 SIXTY-TWO YEARS OF AGE OR OLDER ON SUCH DATE, PROVIDED, IN THE CASE OF A
 TENANT'S  HOUSEHOLD  MEMBER,  THAT  HE  OR  SHE HAS LIVED IN THE HOUSING
 ACCOMMODATION AS HIS OR HER RESIDENCE FOR A PERIOD OF NO LESS  THAN  ONE
 YEAR  PRECEDING  SUCH  DATE. THE TENANT MUST ELECT, within sixty days of
 the date the attorney general has accepted the plan for filing, on forms
 promulgated by the attorney general and presented to such tenants by the
 offeror, to become non-purchasing tenants under the provisions  of  this
 subdivision;  provided  that  such  election shall not preclude any such
 tenant from subsequently purchasing the dwelling unit on the terms  then
 offered to tenants in occupancy.
   (iv)  "Eligible  disabled persons". Non-purchasing tenants who have an
 impairment which results from anatomical, physiological or psychological
 conditions, other than addiction to alcohol, gambling, or any controlled
 substance, which are demonstrable by medically acceptable  clinical  and
 laboratory diagnostic techniques, and which are expected to be permanent
 and  which  [prevent the tenant from engaging in any substantial gainful
 employment] SUBSTANTIALLY LIMIT ONE OR MORE MAJOR LIFE ACTIVITIES on the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03387-01-3

 A. 1954                             2
 
 date the attorney general has accepted the  plan  for  filing,  and  the
 spouses  of any such tenants on such date, [and who have elected] OR ANY
 MEMBER OF THE TENANT'S HOUSEHOLD, LAWFULLY OCCUPYING THE PREMISES AS HIS
 OR  HER RESIDENCE, WHO HAS SUCH AN IMPAIRMENT ON SUCH DATE, PROVIDED, IN
 THE CASE OF THE TENANT'S HOUSEHOLD MEMBER, THAT HE OR SHE HAS  LIVED  IN
 THE  HOUSING  ACCOMMODATION  AS  HIS OR HER RESIDENCE FOR A PERIOD OF NO
 LESS THAN ONE YEAR PRECEDING SUCH DATE. THE TENANT  MUST  ELECT,  within
 sixty  days  of  the date the attorney general has accepted the plan for
 filing, on forms promulgated by the attorney general  and  presented  to
 such  tenants by the offeror, to become non-purchasing tenants under the
 provisions of this subdivision; provided, however, that if the disabili-
 ty first occurs after acceptance of  the  plan  for  filing,  then  such
 election may be made within sixty days following the onset of such disa-
 bility  unless  during the period subsequent to sixty days following the
 acceptance of the plan for filing but prior to such election, the  offe-
 ror  accepts  a  written agreement to purchase the apartment from a bona
 fide purchaser; and  provided  further  that  such  election  shall  not
 preclude  any such tenant from subsequently purchasing the dwelling unit
 or the shares allocated thereto on the terms then offered to tenants  in
 occupancy.
   § 2. Paragraphs (f) and (g) of subdivision 1 of section 352-eee of the
 general  business  law, as added by chapter 402 of the laws of 1983, are
 amended to read as follows:
   (f) "Eligible senior citizens". Non-purchasing tenants who are  sixty-
 two years of age or older on the date the plan is declared effective and
 the  spouses  of  any  such tenants on such date; [provided that] OR ANY
 MEMBER OF THE TENANT'S HOUSEHOLD, LAWFULLY OCCUPYING THE PREMISES AS HIS
 OR HER RESIDENCE WHO IS SIXTY-TWO YEARS OF AGE OR OLDER  ON  SUCH  DATE,
 PROVIDED, IN THE CASE OF A TENANT'S HOUSEHOLD MEMBER, THAT HE OR SHE HAS
 LIVED  IN THE HOUSING ACCOMMODATION AS HIS OR HER RESIDENCE FOR A PERIOD
 OF NO LESS THAN ONE YEAR PRECEDING SUCH DATE such tenant  shall  not  be
 precluded  from  subsequently  purchasing the dwelling unit on the terms
 then offered to tenants in occupancy.
   (g) "Eligible disabled persons". Non-purchasing tenants  who  have  an
 impairment which results from anatomical, physiological or psychological
 conditions, other than addiction to alcohol, gambling, or any controlled
 substance,  which  are demonstrable by medically acceptable clinical and
 laboratory diagnostic techniques, and which are expected to be permanent
 and which [prevent the tenant from engaging in any  substantial  gainful
 employment] SUBSTANTIALLY LIMIT ONE OR MORE MAJOR LIFE ACTIVITIES on the
 date  the  attorney  general  has  accepted the plan for filing, and the
 spouses of any such tenants on such date, [and who have elected] OR  ANY
 MEMBER OF THE TENANT'S HOUSEHOLD, LAWFULLY OCCUPYING THE PREMISES AS HIS
 OR  HER  RESIDENCE WHO HAS SUCH AN IMPAIRMENT ON SUCH DATE, PROVIDED, IN
 THE CASE OF THE TENANT'S HOUSEHOLD MEMBER, THAT HE OR SHE HAS  LIVED  IN
 THE  HOUSING  ACCOMMODATION  AS  HIS OR HER RESIDENCE FOR A PERIOD OF NO
 LESS THAN ONE YEAR PRECEDING SUCH DATE. THE TENANT  MUST  ELECT,  within
 sixty  days  of  the date the attorney general has accepted the plan for
 filing, on forms promulgated by the attorney general  and  presented  to
 such  tenants by the offeror, to become non-purchasing tenants under the
 provisions of this section; provided, however, that  if  the  disability
 first occurs after acceptance of the plan for filing, then such election
 may  be  made  within  sixty days following the onset of such disability
 unless during the period subsequent to sixty days following the  accept-
 ance  of  the  plan  for  filing but prior to such election, the offeror
 accepts a written agreement to purchase the apartment from a  bona  fide
 A. 1954                             3
 
 purchaser;  and  provided  further that such election shall not preclude
 any such tenant from subsequently purchasing the dwelling  unit  or  the
 shares  allocated  thereto on the terms then offered to tenants in occu-
 pancy.
   §  3.  Paragraphs  (f) and (g) of subdivision 1 of section 352-eeee of
 the general business law, as amended by section 1 of part N  of  chapter
 36 of the laws of 2019, are amended to read as follows:
   (f)  "Eligible senior citizens". Non-purchasing tenants who are sixty-
 two years of age or older on the date  the  plan  is  submitted  to  the
 department  of  law or on the date the attorney general has accepted the
 plan for filing, and the spouses of any such tenants on such date,  [and
 who  have  elected]  OR  ANY  MEMBER OF THE TENANT'S HOUSEHOLD, LAWFULLY
 OCCUPYING THE PREMISES AS HIS OR HER RESIDENCE WHO IS SIXTY-TWO YEARS OF
 AGE OR OLDER ON SUCH DATE, PROVIDED, IN THE CASE OF A TENANT'S HOUSEHOLD
 MEMBER, THAT HE OR SHE HAS LIVED IN THE HOUSING ACCOMMODATION AS HIS  OR
 HER RESIDENCE FOR A PERIOD OF NO LESS THAN ONE YEAR PRECEDING SUCH DATE.
 THE TENANT MUST ELECT, within sixty days of the date the plan is submit-
 ted to the department of law or on the date  the  attorney  general  has
 accepted  the  plan  for  filing,  on  forms promulgated by the attorney
 general and presented to such tenants by the offeror, to become non-pur-
 chasing tenants under the provisions of this section; provided that such
 election shall not preclude any such tenant from subsequently purchasing
 the dwelling unit on the terms then offered to tenants in occupancy.
   (g) "Eligible disabled persons". Non-purchasing tenants  who  have  an
 impairment which results from anatomical, physiological or psychological
 conditions, other than addiction to alcohol, gambling, or any controlled
 substance,  which  are demonstrable by medically acceptable clinical and
 laboratory diagnostic techniques, and which are expected to be permanent
 and which [prevent the tenant from engaging in any  substantial  gainful
 employment]  ARE  EXPECTED TO BE PERMANENT AND WHICH SUBSTANTIALLY LIMIT
 ONE OR MORE MAJOR LIFE ACTIVITIES on the date the plan is  submitted  to
 the  department  of law or on the date the attorney general has accepted
 the plan for filing, and the spouses of any such tenants on  such  date,
 [and  who  have  elected]  OR  ANY MEMBER OF THE   TENANT'S   HOUSEHOLD,
 LAWFULLY OCCUPYING THE PREMISES AS HIS OR HER RESIDENCE  ON  SUCH  DATE,
 PROVIDED  IN  THE CASE OF A TENANT'S HOUSEHOLD MEMBER,  THAT  HE  OR SHE
 HAS LIVED IN THE HOUSING ACCOMMODATION AS HIS OR  HER  RESIDENCE  FOR  A
 PERIOD  OF  NO  LESS  THAN ONE YEAR PRECEDING SUCH DATE. THE TENANT MUST
 ELECT,  within  sixty  days  of  the  date  the plan is submitted to the
 department of law or on the date the attorney general has  accepted  the
 plan  for  filing,  on  forms  promulgated  by  the attorney general and
 presented to such tenants  by  the  offeror,  to  become  non-purchasing
 tenants under the provisions of this section; provided, however, that if
 the  disability  first  occurs  after acceptance of the plan for filing,
 then such election may be made within sixty days following the onset  of
 such  disability  unless  during  the  period  subsequent  to sixty days
 following the acceptance of the  plan  for  filing  but  prior  to  such
 election, the offeror accepts a written agreement to purchase the apart-
 ment from a bona fide purchaser; and provided further that such election
 shall  not  preclude  any  such  tenant from subsequently purchasing the
 dwelling unit or the shares allocated thereto on the terms then  offered
 to tenants in occupancy.
   § 4. This act shall take effect immediately.

co-Sponsors

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2023-A1954A (ACTIVE) - Details

See Senate Version of this Bill:: S9357
Current Committee:: Assembly Housing
Law Section:: General Business Law
Laws Affected:: Amd §§352-e, 352-eee & 352-eeee, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A5684
2011-2012: A4450
2013-2014: A5594
2015-2016: A3737
2017-2018: A8162
2019-2020: A3411
2021-2022: A7017

2023-A1954A (ACTIVE) - Summary

2023-A1954A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1954--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
   the Committee on Housing -- recommitted to the Committee on Housing in
   accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee

 AN ACT to amend the general business law, in relation to senior citizens
   and disabled persons
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraphs (iii) and (iv) of paragraph (a) of subdivi-
 sion 2-a of section 352-e of the general business law, as added by chap-
 ter 771 of the laws of 1983, are amended to read as follows:
   (iii) "Eligible  senior  citizens".  Non-purchasing  tenants  who  are
 sixty-two  years  of  age  or older on the date the attorney general has
 accepted the plan for filing, and the spouses of  any  such  tenants  on
 such  date,  [and who have elected] OR ANY MEMBER OF THE TENANT'S HOUSE-
 HOLD, LAWFULLY OCCUPYING THE PREMISES AS SUCH PERSON'S RESIDENCE WHO  IS
 SIXTY-TWO YEARS OF AGE OR OLDER ON SUCH DATE, PROVIDED, IN THE CASE OF A
 TENANT'S  HOUSEHOLD  MEMBER,  THAT  SUCH PERSON HAS LIVED IN THE HOUSING
 ACCOMMODATION AS SUCH PERSON'S RESIDENCE FOR A PERIOD OF  NO  LESS  THAN
 ONE  YEAR  PRECEDING SUCH DATE. THE TENANT MUST ELECT, within sixty days
 of the date the attorney general has accepted the plan  for  filing,  on
 forms  promulgated by the attorney general and presented to such tenants
 by the offeror, to become non-purchasing tenants under the provisions of
 this subdivision; provided that such election  shall  not  preclude  any
 such  tenant from subsequently purchasing the dwelling unit on the terms
 then offered to tenants in occupancy.
   (iv) "Eligible disabled persons". Non-purchasing tenants who  have  an
 impairment which results from anatomical, physiological or psychological
 conditions, other than addiction to alcohol, gambling, or any controlled
 substance,  which  are demonstrable by medically acceptable clinical and
 laboratory diagnostic techniques, and which are expected to be permanent
 and which [prevent the tenant from engaging in any  substantial  gainful
 employment] SUBSTANTIALLY LIMIT ONE OR MORE MAJOR LIFE ACTIVITIES on the

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03387-02-4
 A. 1954--A                          2
 
 date  the  attorney  general  has  accepted the plan for filing, and the
 spouses of any such tenants on such date, [and who have elected] OR  ANY
 MEMBER  OF  THE  TENANT'S  HOUSEHOLD, LAWFULLY OCCUPYING THE PREMISES AS
 SUCH  PERSON'S  RESIDENCE,  WHO  HAS  SUCH  AN  IMPAIRMENT ON SUCH DATE,
 PROVIDED, IN THE CASE OF THE TENANT'S HOUSEHOLD MEMBER, THAT SUCH PERSON
 HAS LIVED IN THE HOUSING ACCOMMODATION AS SUCH PERSON'S RESIDENCE FOR  A
 PERIOD  OF  NO  LESS  THAN ONE YEAR PRECEDING SUCH DATE. THE TENANT MUST
 ELECT, within sixty days of the date the attorney general  has  accepted
 the  plan  for  filing, on forms promulgated by the attorney general and
 presented to such tenants  by  the  offeror,  to  become  non-purchasing
 tenants  under  the  provisions  of this subdivision; provided, however,
 that if the disability first occurs after acceptance  of  the  plan  for
 filing,  then  such election may be made within sixty days following the
 onset of such disability unless during the period  subsequent  to  sixty
 days  following  the acceptance of the plan for filing but prior to such
 election, the offeror accepts a written agreement to purchase the apart-
 ment from a bona fide purchaser; and provided further that such election
 shall not preclude any such  tenant  from  subsequently  purchasing  the
 dwelling  unit or the shares allocated thereto on the terms then offered
 to tenants in occupancy.
   § 2. Paragraphs (f) and (g) of subdivision 1 of section 352-eee of the
 general business law, as added by chapter 402 of the laws of  1983,  are
 amended to read as follows:
   (f)  "Eligible senior citizens". Non-purchasing tenants who are sixty-
 two years of age or older on the date the plan is declared effective and
 the spouses of any such tenants on such date;  [provided  that]  OR  ANY
 MEMBER  OF  THE  TENANT'S  HOUSEHOLD, LAWFULLY OCCUPYING THE PREMISES AS
 SUCH PERSON'S RESIDENCE WHO IS SIXTY-TWO YEARS OF AGE OR OLDER  ON  SUCH
 DATE,  PROVIDED,  IN  THE CASE OF A TENANT'S HOUSEHOLD MEMBER, THAT SUCH
 PERSON HAS LIVED IN THE HOUSING ACCOMMODATION AS SUCH PERSON'S RESIDENCE
 FOR A PERIOD OF NO LESS THAN ONE YEAR PRECEDING SUCH  DATE  such  tenant
 shall not be precluded from subsequently purchasing the dwelling unit on
 the terms then offered to tenants in occupancy.
   (g)  "Eligible  disabled  persons". Non-purchasing tenants who have an
 impairment which results from anatomical, physiological or psychological
 conditions, other than addiction to alcohol, gambling, or any controlled
 substance, which are demonstrable by medically acceptable  clinical  and
 laboratory diagnostic techniques, and which are expected to be permanent
 and  which  [prevent the tenant from engaging in any substantial gainful
 employment] SUBSTANTIALLY LIMIT ONE OR MORE MAJOR LIFE ACTIVITIES on the
 date the attorney general has accepted the  plan  for  filing,  and  the
 spouses  of any such tenants on such date, [and who have elected] OR ANY
 MEMBER OF THE TENANT'S HOUSEHOLD, LAWFULLY  OCCUPYING  THE  PREMISES  AS
 SUCH  PERSON'S  RESIDENCE  WHO  HAS  SUCH  AN  IMPAIRMENT  ON SUCH DATE,
 PROVIDED, IN THE CASE OF THE TENANT'S HOUSEHOLD MEMBER, THAT SUCH PERSON
 HAS LIVED IN THE HOUSING ACCOMMODATION AS SUCH PERSON'S RESIDENCE FOR  A
 PERIOD  OF  NO  LESS  THAN ONE YEAR PRECEDING SUCH DATE. THE TENANT MUST
 ELECT, within sixty days of the date the attorney general  has  accepted
 the  plan  for  filing, on forms promulgated by the attorney general and
 presented to such tenants  by  the  offeror,  to  become  non-purchasing
 tenants under the provisions of this section; provided, however, that if
 the  disability  first  occurs  after acceptance of the plan for filing,
 then such election may be made within sixty days following the onset  of
 such  disability  unless  during  the  period  subsequent  to sixty days
 following the acceptance of the  plan  for  filing  but  prior  to  such
 election, the offeror accepts a written agreement to purchase the apart-
 A. 1954--A                          3
 
 ment from a bona fide purchaser; and provided further that such election
 shall  not  preclude  any  such  tenant from subsequently purchasing the
 dwelling unit or the shares allocated thereto on the terms then  offered
 to tenants in occupancy.
   §  3.  Paragraphs  (f) and (g) of subdivision 1 of section 352-eeee of
 the general business law, as amended by section 1 of part N  of  chapter
 36 of the laws of 2019, are amended to read as follows:
   (f)  "Eligible senior citizens". Non-purchasing tenants who are sixty-
 two years of age or older on the date  the  plan  is  submitted  to  the
 department  of  law or on the date the attorney general has accepted the
 plan for filing, and the spouses of any such tenants on such date,  [and
 who  have  elected]  OR  ANY  MEMBER OF THE TENANT'S HOUSEHOLD, LAWFULLY
 OCCUPYING THE PREMISES AS SUCH PERSON'S RESIDENCE WHO IS SIXTY-TWO YEARS
 OF AGE OR OLDER ON SUCH DATE, PROVIDED, IN THE CASE OF A TENANT'S HOUSE-
 HOLD MEMBER, THAT SUCH PERSON HAS LIVED IN THE HOUSING ACCOMMODATION  AS
 SUCH  PERSON'S RESIDENCE FOR A PERIOD OF NO LESS THAN ONE YEAR PRECEDING
 SUCH DATE. THE TENANT MUST ELECT, within sixty days of the date the plan
 is submitted to the department of law or on the date the attorney gener-
 al has accepted the plan for filing, on forms promulgated by the  attor-
 ney  general  and  presented  to  such tenants by the offeror, to become
 non-purchasing tenants under the provisions of  this  section;  provided
 that  such election shall not preclude any such tenant from subsequently
 purchasing the dwelling unit on the terms then  offered  to  tenants  in
 occupancy.
   (g)  "Eligible  disabled  persons". Non-purchasing tenants who have an
 impairment which results from anatomical, physiological or psychological
 conditions, other than addiction to alcohol, gambling, or any controlled
 substance, which are demonstrable by medically acceptable  clinical  and
 laboratory diagnostic techniques, and which are expected to be permanent
 and  which  [prevent the tenant from engaging in any substantial gainful
 employment] ARE EXPECTED TO BE PERMANENT AND WHICH  SUBSTANTIALLY  LIMIT
 ONE  OR  MORE MAJOR LIFE ACTIVITIES on the date the plan is submitted to
 the department of law or on the date the attorney general  has  accepted
 the  plan  for filing, and the spouses of any such tenants on such date,
 [and who have elected] OR ANY  MEMBER  OF  THE    TENANT'S    HOUSEHOLD,
 LAWFULLY OCCUPYING THE PREMISES AS SUCH PERSON'S RESIDENCE ON SUCH DATE,
 PROVIDED  IN  THE  CASE OF A TENANT'S HOUSEHOLD MEMBER, THAT SUCH PERSON
 HAS LIVED IN THE HOUSING ACCOMMODATION AS SUCH PERSON'S RESIDENCE FOR  A
 PERIOD  OF  NO  LESS  THAN ONE YEAR PRECEDING SUCH DATE. THE TENANT MUST
 ELECT, within sixty days of the  date  the  plan  is  submitted  to  the
 department  of  law or on the date the attorney general has accepted the
 plan for filing, on  forms  promulgated  by  the  attorney  general  and
 presented  to  such  tenants  by  the  offeror, to become non-purchasing
 tenants under the provisions of this section; provided, however, that if
 the disability first occurs after acceptance of  the  plan  for  filing,
 then  such election may be made within sixty days following the onset of
 such disability unless  during  the  period  subsequent  to  sixty  days
 following  the  acceptance  of  the  plan  for  filing but prior to such
 election, the offeror accepts a written agreement to purchase the apart-
 ment from a bona fide purchaser; and provided further that such election
 shall not preclude any such  tenant  from  subsequently  purchasing  the
 dwelling  unit or the shares allocated thereto on the terms then offered
 to tenants in occupancy.
   § 4. This act shall take effect immediately.

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Assembly Bill A1954A

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Sponsored By

BICHOTTE HERMELYN