S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    130
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sens.  KRUEGER,  HOYLMAN, LIU, SERRANO -- 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 emergency tenant protection act of nineteen seven-
   ty-four and the administrative code  of  the  city  of  New  York,  in
   relation to leasing to business and other entities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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 section 5-b to read as follows:
   § 5-B. TENANCY. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS ACT
 OR THE PROVISIONS OF ANY CONTRACT, LEASE OR RENTAL AGREEMENT,  NO  OWNER
 OR ANY AGENT THEREOF SHALL ENTER INTO A LEASE, OR OTHER RENTAL AGREEMENT
 FOR  OCCUPANCY  OF A VACANT HOUSING ACCOMMODATION SUBJECT TO THIS ACT IF
 THE OWNER OR ANY AGENT THEREOF HAS REASON TO KNOW THAT THE  TENANT  WILL
 NOT OCCUPY THE HOUSING ACCOMMODATION AS HIS OR HER PRIMARY RESIDENCE, OR
 THE  TENANT IS A CORPORATION, PARTNERSHIP, OR OTHER BUSINESS OR NOT-FOR-
 PROFIT ENTITY, PROVIDED, HOWEVER, IF THE TENANT (I) IS A  NOT-FOR-PROFIT
 CORPORATION,  PURSUANT  TO  THE  NOT-FOR-PROFIT CORPORATION LAW, THAT IS
 SOLELY ENGAGED IN ACTIVITIES TO PROVIDE HOUSING AND  ADDITIONAL  SUPPORT
 SERVICES, IF ANY, TO LOW-INCOME OR VULNERABLE MEMBERS OF THE POPULATION,
 AS  DETERMINED BY THE COMMISSIONER OF THE DIVISION OF HOUSING AND COMMU-
 NITY RENEWAL, OR (II) IS A CORPORATION, PARTNERSHIP  OR  OTHER  BUSINESS
 THAT  IS PROVIDING AN OFFICER, PARTNER, EMPLOYEE OR OTHER NATURAL PERSON
 PARTICIPATING IN THE DAY-TO-DAY OPERATIONS WITH A DWELLING  UNIT,  WHICH
 SHALL  BE  OCCUPIED  AS  THE INDIVIDUAL'S PRIMARY RESIDENCE, AN OWNER OR
 AGENT THEREOF MAY ENTER INTO A LEASE,  OR  OTHER  RENTAL  AGREEMENT  FOR
 OCCUPANCY OF A VACANT HOUSING ACCOMMODATION SUBJECT TO THIS ACT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01073-01-3
              

 S. 130                              2
 
   §  2.  Clause  (i)  of  paragraph  3 of subdivision a of section 12 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 27
 of  part  A  of  chapter  20  of the laws of 2015, is amended to read as
 follows:
   (i)  to  have  violated  an order of the division OR SECTION FIVE-B OF
 THIS ACT the commissioner may impose by administrative order after hear-
 ing, a civil penalty at minimum in the amount of one thousand but not to
 exceed two thousand dollars for the first such offense, and  at  minimum
 in  the  amount of two thousand but not to exceed three thousand dollars
 for each subsequent offense; or
   § 3. 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 INCONSISTENT PROVISION OF LAW OR THE PROVISIONS
 OF ANY CONTRACT, LEASE OR RENTAL AGREEMENT, NO OWNER OR ANY AGENT THERE-
 OF SHALL ENTER INTO A LEASE, OR OTHER RENTAL AGREEMENT FOR OCCUPANCY  OF
 A  VACANT  HOUSING ACCOMMODATION SUBJECT TO THIS CHAPTER IF THE OWNER OR
 ANY AGENT THEREOF HAS REASON TO KNOW THAT THE TENANT WILL NOT OCCUPY THE
 HOUSING ACCOMMODATION AS HIS OR HER PRIMARY RESIDENCE, OR THE TENANT  IS
 A  CORPORATION, PARTNERSHIP, OR OTHER BUSINESS OR NOT-FOR-PROFIT ENTITY,
 PROVIDED, HOWEVER, IF THE TENANT (I) IS  A  NOT-FOR-PROFIT  CORPORATION,
 PURSUANT  TO  THE NOT-FOR-PROFIT CORPORATION LAW, THAT IS SOLELY ENGAGED
 IN ACTIVITIES TO PROVIDE HOUSING AND  ADDITIONAL  SUPPORT  SERVICES,  IF
 ANY,  TO  LOW-INCOME  OR VULNERABLE MEMBERS OF THE POPULATION, AS DETER-
 MINED BY THE COMMISSIONER OF  THE  DIVISION  OF  HOUSING  AND  COMMUNITY
 RENEWAL, OR (II) IS A CORPORATION, PARTNERSHIP OR OTHER BUSINESS THAT IS
 PROVIDING  AN OFFICER, PARTNER, EMPLOYEE OR OTHER NATURAL PERSON PARTIC-
 IPATING IN THE DAY-TO-DAY OPERATIONS WITH A DWELLING UNIT,  WHICH  SHALL
 BE  OCCUPIED  AS  THE  INDIVIDUAL'S PRIMARY RESIDENCE, AN OWNER OR AGENT
 THEREOF MAY ENTER INTO A LEASE, OR OTHER RENTAL AGREEMENT FOR  OCCUPANCY
 OF A VACANT HOUSING ACCOMMODATION SUBJECT TO THIS CHAPTER.
   § 4. Paragraph 1 of subdivision c of section 26-516 of the administra-
 tive code of the city of New York, as amended by section 23 of part A of
 chapter 20 of the laws of 2015, is amended to read as follows:
   (1)  to  have  violated  an  order of the division OR SUBDIVISION F OF
 SECTION 26-512 OF THIS CHAPTER the commissioner may impose  by  adminis-
 trative order after hearing, a civil penalty at minimum in the amount of
 one  thousand  but not to exceed two thousand dollars for the first such
 offense, and at a minimum in the amount  of  two  thousand  but  not  to
 exceed three thousand dollars for each subsequent offense; or
   § 5. Severability. If any provision of this act, or any application of
 any  provision of this act, is held to be invalid, that shall not affect
 the validity or effectiveness of any other provision of  this  act,  any
 other  application  of any provision of this act, or any other provision
 of any law or code amended by this act.
   § 6. This act shall take effect on the sixtieth  day  after  it  shall
 have  become a law; provided that, the amendments to sections 26-512 and
 26-516 of the administrative code of  the  city  of  New  York  made  by
 sections  three  and  four  of this act shall expire on the same date as
 such sections expire  and  shall  not  affect  the  expiration  of  such
 sections as provided in section 26-520 of such code.