S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9986
 
                           I N  A S S E M B L Y
 
                                May 1, 2024
                                ___________
 
 Introduced  by  M.  of  A.  FITZPATRICK -- read once and referred to the
   Committee on Housing
 
 AN ACT to amend the emergency tenant protection act of  nineteen  seven-
   ty-four, the emergency housing rent control law and the administrative
   code  of  the  city  of  New  York, in relation to establishing tenant
   eligibility for certain housing accommodations

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 10 of section 4 of chapter 576 of the laws of 1974,
 constituting  the  emergency  tenant protection act of nineteen seventy-
 four, is amended by adding a new subdivision d to read as follows:
   D. NOTWITHSTANDING ANY PROVISIONS OF LAW TO THE CONTRARY, ANY  PERSON,
 OR PERSONS, WHOSE INCOME EXCEEDS ONE HUNDRED TWENTY-FIVE PERCENT OF AREA
 MEDIAN  INCOME  SHALL  BE INELIGIBLE TO OCCUPY ANY HOUSING ACCOMMODATION
 SUBJECT TO THIS ACT.
   (1) THE DIVISION OF HOMES AND COMMUNITY RENEWAL AND THE DEPARTMENT  OF
 TAXATION AND FINANCE SHALL PROMULGATE RULES AND REGULATIONS NECESSARY TO
 IMPLEMENT THIS SUBDIVISION, PROVIDED HOWEVER, SUCH RULES AND REGULATIONS
 SHALL  INCLUDE  HOLDING THE OWNER, OR SUCH OWNER'S AGENT, OF THE HOUSING
 ACCOMMODATION HARMLESS FOR ANY VIOLATION OF THIS SUBDIVISION.
   (2) A TENANT FOUND BY A COURT OF COMPETENT JURISDICTION TO HAVE  WILL-
 FULLY  VIOLATED  THIS  SUBDIVISION,  INCLUDING,  BUT  NOT LIMITED TO, BY
 PROVIDING THE OWNER, OR SUCH OWNER'S AGENT FALSE INCOME DOCUMENTATION IN
 AN EFFORT TO OBTAIN TENANCY  OF  THE  HOUSING  ACCOMMODATION,  SHALL  BE
 SUBJECT TO A CIVIL PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS PER DAY OF
 ILLEGAL  OCCUPANCY,  PROVIDED HOWEVER, THAT A TENANT WHO CURRENTLY OCCU-
 PIES A HOUSING ACCOMMODATION SUBJECT  TO  THIS  ACT,  AND  WHOSE  INCOME
 EXCEEDS THE THRESHOLD PROVIDED IN THIS SUBDIVISION, SHALL BE EXEMPT FROM
 CIVIL  PENALTIES  AND SHALL NOT BE EVICTED ON THE GROUNDS OF A VIOLATION
 OF THIS SUBDIVISION FOR THE DURATION OF THE MOST RECENT LEASE  AGREEMENT
 EXECUTED  PRIOR  TO  THE  EFFECTIVE DATE OF THIS SUBDIVISION.  AFTER THE
 DURATION OF THE MOST RECENT LEASE AGREEMENT EXECUTED PRIOR TO THE EFFEC-
 TIVE DATE OF THIS SUBDIVISION HAS ENDED,  CONTINUED  VIOLATION  OF  THIS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14991-03-4
              

 A. 9986                             2
 
 SUBDIVISION  BY THE TENANT, AS DETERMINED BY A COURT OF COMPETENT JURIS-
 DICTION, SHALL CONSTITUTE GROUNDS FOR EVICTION.
   (3)  A TENANT WHO LAWFULLY OCCUPIES A HOUSING ACCOMMODATION SUBJECT TO
 THIS ACT, AND WHOSE  INCOME  INCREASED  ABOVE  ONE  HUNDRED  TWENTY-FIVE
 PERCENT  OF AREA MEDIAN INCOME, SHALL BE EXEMPT FROM CIVIL PENALTIES AND
 SHALL NOT BE EVICTED ON THE GROUNDS OF A VIOLATION OF  THIS  SUBDIVISION
 FOR  THE  DURATION  OF THE MOST RECENT LEASE AGREEMENT EXECUTED PRIOR TO
 THE INCREASE IN INCOME.  AFTER THE DURATION OF  THE  MOST  RECENT  LEASE
 AGREEMENT  EXECUTED PRIOR TO THE INCREASE IN INCOME HAS ENDED, CONTINUED
 VIOLATION OF THIS SUBDIVISION BY THE TENANT, AS DETERMINED BY A COURT OF
 COMPETENT JURISDICTION, SHALL CONSTITUTE GROUNDS FOR EVICTION.
   (4) ANY PERSON WHO INHERITS TENANCY THROUGH SUCCESSORSHIP  AS  DEFINED
 IN  SECTION  24-04 OF TITLE TWENTY-EIGHT OF THE RULES OF THE CITY OF NEW
 YORK, MUST MEET THE INCOME ELIGIBILITY REQUIREMENTS AS DEFINED  IN  THIS
 SUBDIVISION,  IN  ORDER  TO  OCCUPY THE HOUSING ACCOMMODATION.  NOTWITH-
 STANDING ANY OTHER PROVISIONS OF LAW, SHOULD SAID PERSON  BE  INELIGIBLE
 AS  DEFINED IN THIS SUBDIVISION, SUCH APPLICATION FOR TENANCY BY SUCCES-
 SORSHIP SHALL BE DENIED.
   § 2. Section 10 of chapter 274 of the laws of 1946,  constituting  the
 emergency  housing rent control law, is amended by adding a new subdivi-
 sion 6 to read as follows:
   6. NOTWITHSTANDING ANY PROVISIONS OF LAW TO THE CONTRARY, ANY  PERSON,
 OR PERSONS, WHOSE INCOME EXCEEDS ONE HUNDRED TWENTY-FIVE PERCENT OF AREA
 MEDIAN  INCOME  SHALL  BE INELIGIBLE TO OCCUPY ANY HOUSING ACCOMMODATION
 SUBJECT TO THIS ACT.
   (A) THE DIVISION OF HOMES AND COMMUNITY RENEWAL AND THE DEPARTMENT  OF
 TAXATION AND FINANCE SHALL PROMULGATE RULES AND REGULATIONS NECESSARY TO
 IMPLEMENT THIS SUBDIVISION, PROVIDED HOWEVER, SUCH RULES AND REGULATIONS
 SHALL  INCLUDE  HOLDING THE OWNER, OR SUCH OWNER'S AGENT, OF THE HOUSING
 ACCOMMODATION HARMLESS FOR ANY VIOLATION OF THIS SUBDIVISION.
   (B) A TENANT FOUND BY A COURT OF COMPETENT JURISDICTION TO HAVE  WILL-
 FULLY  VIOLATED  THIS  SUBDIVISION,  INCLUDING  BUT  NOT  LIMITED TO, BY
 PROVIDING THE OWNER, OR SUCH OWNER'S AGENT FALSE INCOME DOCUMENTATION IN
 AN EFFORT TO OBTAIN TENANCY  OF  THE  HOUSING  ACCOMMODATION,  SHALL  BE
 SUBJECT TO A CIVIL PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS PER DAY OF
 ILLEGAL  OCCUPANCY,  PROVIDED HOWEVER, THAT A TENANT WHO CURRENTLY OCCU-
 PIES A HOUSING ACCOMMODATION SUBJECT  TO  THIS  ACT,  AND  WHOSE  INCOME
 EXCEEDS THE THRESHOLD PROVIDED IN THIS SUBDIVISION, SHALL BE EXEMPT FROM
 CIVIL  PENALTIES  AND SHALL NOT BE EVICTED ON THE GROUNDS OF A VIOLATION
 OF THIS SUBDIVISION FOR THE DURATION OF THE MOST RECENT LEASE  AGREEMENT
 EXECUTED  PRIOR  TO  THE  EFFECTIVE DATE OF THIS SUBDIVISION.  AFTER THE
 DURATION OF THE MOST RECENT LEASE AGREEMENT EXECUTED PRIOR TO THE EFFEC-
 TIVE DATE OF THIS SUBDIVISION HAS ENDED,  CONTINUED  VIOLATION  OF  THIS
 SUBDIVISION  BY THE TENANT, AS DETERMINED BY A COURT OF COMPETENT JURIS-
 DICTION, SHALL CONSTITUTE GROUNDS FOR EVICTION.
   (C) A TENANT WHO LAWFULLY OCCUPIES A HOUSING ACCOMMODATION SUBJECT  TO
 THIS  ACT,  AND  WHOSE  INCOME  INCREASED  ABOVE ONE HUNDRED TWENTY-FIVE
 PERCENT OF AREA MEDIAN INCOME, SHALL BE EXEMPT FROM CIVIL PENALTIES  AND
 SHALL  NOT  BE EVICTED ON THE GROUNDS OF A VIOLATION OF THIS SUBDIVISION
 FOR THE DURATION OF THE MOST RECENT LEASE AGREEMENT  EXECUTED  PRIOR  TO
 THE  INCREASE  IN  INCOME.   AFTER THE DURATION OF THE MOST RECENT LEASE
 AGREEMENT EXECUTED PRIOR TO THE INCREASE IN INCOME HAS ENDED,  CONTINUED
 VIOLATION OF THIS SUBDIVISION BY THE TENANT, AS DETERMINED BY A COURT OF
 COMPETENT JURISDICTION, SHALL CONSTITUTE GROUNDS FOR EVICTION.
   (D)  ANY  PERSON WHO INHERITS TENANCY THROUGH SUCCESSORSHIP AS DEFINED
 IN SECTION 24-04 OF TITLE TWENTY-EIGHT OF THE RULES OF THE CITY  OF  NEW
 A. 9986                             3
 
 YORK,  MUST  MEET THE INCOME ELIGIBILITY REQUIREMENTS AS DEFINED IN THIS
 SUBDIVISION, IN ORDER TO OCCUPY THE  HOUSING  ACCOMMODATION.    NOTWITH-
 STANDING  ANY  OTHER PROVISIONS OF LAW, SHOULD SAID PERSON BE INELIGIBLE
 AS  DEFINED IN THIS SUBDIVISION, SUCH APPLICATION FOR TENANCY BY SUCCES-
 SORSHIP SHALL BE DENIED.
   § 3. The administrative code of the city of New  York  is  amended  by
 adding a new section 26-418 to read as follows:
   §  26-418  MEANS  TESTING.    A.  THE  DIVISION OF HOMES AND COMMUNITY
 RENEWAL AND THE DEPARTMENT OF  TAXATION  AND  FINANCE  SHALL  PROMULGATE
 RULES  AND  REGULATIONS  NECESSARY  TO  IMPLEMENT THIS SECTION, PROVIDED
 HOWEVER, SUCH RULES AND REGULATIONS SHALL INCLUDE HOLDING THE OWNER,  OR
 SUCH  OWNER'S  AGENT,  OF  THE  HOUSING  ACCOMMODATION  HARMLESS FOR ANY
 VIOLATION OF THIS SECTION.
   B. A TENANT FOUND BY A COURT OF COMPETENT JURISDICTION TO  HAVE  WILL-
 FULLY  VIOLATED THIS SECTION, INCLUDING BUT NOT LIMITED TO, BY PROVIDING
 THE OWNER, OR SUCH OWNER'S AGENT FALSE INCOME DOCUMENTATION IN AN EFFORT
 TO OBTAIN TENANCY OF THE HOUSING ACCOMMODATION, SHALL BE  SUBJECT  TO  A
 CIVIL  PENALTY  NOT  TO  EXCEED  FIVE HUNDRED DOLLARS PER DAY OF ILLEGAL
 OCCUPANCY, PROVIDED HOWEVER, THAT A  TENANT  WHO  CURRENTLY  OCCUPIES  A
 HOUSING  ACCOMMODATION SUBJECT TO THE EMERGENCY TENANT PROTECTION ACT OF
 NINETEEN SEVENTY-FOUR, AND WHOSE INCOME EXCEEDS THE  THRESHOLD  PROVIDED
 IN  THIS  SECTION, SHALL BE EXEMPT FROM CIVIL PENALTIES AND SHALL NOT BE
 EVICTED ON THE GROUNDS OF A VIOLATION OF THIS SECTION FOR  THE  DURATION
 OF  THE MOST RECENT LEASE AGREEMENT EXECUTED PRIOR TO THE EFFECTIVE DATE
 OF THIS SECTION. AFTER THE DURATION OF THE MOST RECENT  LEASE  AGREEMENT
 EXECUTED  PRIOR  TO  THE  EFFECTIVE  DATE OF THIS SUBDIVISION HAS ENDED,
 CONTINUED VIOLATION OF THIS SECTION BY THE TENANT, AS  DETERMINED  BY  A
 COURT OF COMPETENT JURISDICTION, SHALL CONSTITUTE GROUNDS FOR EVICTION.
   C.  A  TENANT WHO LAWFULLY OCCUPIES A HOUSING ACCOMMODATION SUBJECT TO
 THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR, AND  WHOSE
 INCOME  INCREASED  ABOVE  ONE HUNDRED TWENTY-FIVE PERCENT OF AREA MEDIAN
 INCOME, SHALL BE EXEMPT FROM CIVIL PENALTIES AND SHALL NOT BE EVICTED ON
 THE GROUNDS OF A VIOLATION OF THIS SECTION FOR THE DURATION OF THE  MOST
 RECENT  LEASE AGREEMENT EXECUTED PRIOR TO THE INCREASE IN INCOME.  AFTER
 THE DURATION OF THE MOST RECENT LEASE AGREEMENT EXECUTED  PRIOR  TO  THE
 INCREASE IN INCOME HAS ENDED, CONTINUED VIOLATION OF THIS SECTION BY THE
 TENANT,  AS  DETERMINED  BY  A  COURT  OF  COMPETENT JURISDICTION, SHALL
 CONSTITUTE GROUNDS FOR EVICTION.
   D. ANY PERSON WHO INHERITS TENANCY THROUGH SUCCESSORSHIP AS DEFINED IN
 SECTION 24-04 OF TITLE TWENTY-EIGHT OF THE RULES  OF  THE  CITY  OF  NEW
 YORK,  MUST  MEET THE INCOME ELIGIBILITY REQUIREMENTS AS DEFINED IN THIS
 SECTION, IN ORDER TO OCCUPY THE HOUSING  ACCOMMODATION.  NOTWITHSTANDING
 ANY OTHER PROVISIONS OF LAW, SHOULD SAID PERSON BE INELIGIBLE AS DEFINED
 IN  THIS SECTION, SUCH APPLICATION FOR TENANCY BY SUCCESSORSHIP SHALL BE
 DENIED.
   § 4. Section 26-512 of the administrative code of the city of New York
 is amended by adding a new subdivision h to read as follows:
   H. NOTWITHSTANDING ANY PROVISIONS OF LAW TO  THE  CONTRARY,  BEGINNING
 JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN, DWELLING UNITS SUBJECT TO THIS
 CHAPTER  AS PRESCRIBED IN SECTION 26-504 OF THIS CHAPTER SHALL BE RENTED
 TO PERSONS WHOSE ADJUSTED GROSS INCOME IS LESS THAN ONE HUNDRED  TWENTY-
 FIVE PERCENT OF AREA MEDIAN INCOME.
   (1)  THE DIVISION OF HOMES AND COMMUNITY RENEWAL AND THE DEPARTMENT OF
 TAXATION AND FINANCE SHALL PROMULGATE RULES AND REGULATIONS NECESSARY TO
 IMPLEMENT THIS SUBDIVISION, PROVIDED HOWEVER, SUCH RULES AND REGULATIONS
 A. 9986                             4
 
 SHALL INCLUDE HOLDING THE OWNER OF THE DWELLING UNIT  HARMLESS  FOR  ANY
 VIOLATION OF THIS SUBDIVISION.
   (2)  A TENANT FOUND BY A COURT OF COMPETENT JURISDICTION TO HAVE WILL-
 FULLY VIOLATED THIS PARAGRAPH SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO
 EXCEED FIVE HUNDRED DOLLARS  PER  DAY  OF  ILLEGAL  OCCUPANCY,  PROVIDED
 HOWEVER, THAT A TENANT WHO CURRENTLY OCCUPIES A DWELLING UNIT SUBJECT TO
 THE  EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR, AND WHOSE
 INCOME EXCEEDS THE THRESHOLD PROVIDED IN THIS PARAGRAPH, SHALL BE EXEMPT
 FROM CIVIL PENALTIES AND SHALL NOT  BE  EVICTED  ON  THE  GROUNDS  OF  A
 VIOLATION  OF THIS SUBDIVISION FOR THE DURATION OF THE MOST RECENT LEASE
 AGREEMENT EXECUTED PRIOR TO THE  EFFECTIVE  DATE  OF  THIS  SUBDIVISION.
 AFTER  THE DURATION OF THE MOST RECENT LEASE AGREEMENT EXECUTED PRIOR TO
 THE EFFECTIVE DATE OF THIS SUBDIVISION HAS ENDED, CONTINUED VIOLATION OF
 THIS SUBDIVISION BY THE TENANT, AS DETERMINED BY A  COURT  OF  COMPETENT
 JURISDICTION, SHALL CONSTITUTE GROUNDS FOR EVICTION.
   (3)  A  TENANT  WHO  LAWFULLY  OCCUPIES A DWELLING UNIT SUBJECT TO THE
 EMERGENCY TENANT PROTECTION ACT  OF  NINETEEN  SEVENTY-FOUR,  AND  WHOSE
 INCOME  INCREASED  ABOVE  ONE HUNDRED TWENTY-FIVE PERCENT OF AREA MEDIAN
 INCOME, SHALL BE EXEMPT FROM CIVIL PENALTIES AND SHALL NOT BE EVICTED ON
 THE GROUNDS OF A VIOLATION OF THIS SUBDIVISION FOR THE DURATION  OF  THE
 MOST  RECENT  LEASE  AGREEMENT EXECUTED PRIOR TO THE INCREASE IN INCOME.
 AFTER THE DURATION OF THE MOST RECENT LEASE AGREEMENT EXECUTED PRIOR  TO
 THE  INCREASE  IN INCOME HAS ENDED, CONTINUED VIOLATION OF THIS SUBDIVI-
 SION BY THE TENANT, AS DETERMINED BY A COURT OF COMPETENT  JURISDICTION,
 SHALL CONSTITUTE GROUNDS FOR EVICTION.
   (4)  ANY  PERSON WHO INHERITS TENANCY THROUGH SUCCESSORSHIP AS DEFINED
 IN SECTION 24-04 OF TITLE TWENTY-EIGHT OF THE RULES OF THE CITY  OF  NEW
 YORK,  MUST  MEET THE INCOME ELIGIBILITY REQUIREMENTS AS DEFINED IN THIS
 SUBDIVISION, IN ORDER TO OCCUPY THE DWELLING UNIT.  NOTWITHSTANDING  ANY
 OTHER  PROVISIONS OF LAW, SHOULD SAID PERSON BE INELIGIBLE AS DEFINED IN
 THIS SUBDIVISION, SUCH APPLICATION FOR TENANCY BY SUCCESSORSHIP SHALL BE
 DENIED.
   § 5. The division of homes and community renewal, in conjunction  with
 the department of taxation and finance, shall promulgate rules and regu-
 lations necessary for the implementation of this act.
   §  6.  This act shall take effect immediately; provided that the addi-
 tion of section 26-418 of the city rent and rehabilitation law  made  by
 section  three of this act shall remain in full force and effect only as
 long as the public emergency requiring the  regulation  and  control  of
 residential  rents and evictions continues, as provided in subdivision 3
 of section 1 of the  local  emergency  housing  rent  control  act;  and
 provided,  further that the amendments to section 26-512 of chapter 4 of
 title 26 of the administrative code of the city  of  New  York  made  by
 section  four  of  this  act  shall  expire on the same date as such law
 expires and shall not affect the expiration  of  such  law  as  provided
 under section 26-520 of such law.