NY State Senate Bill 2025-S3886

Current Bill Status - In Senate Committee Housing, Construction And Community Development 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 30, 2025	referred to housing, construction and community development

2025-S3886 (ACTIVE) - Details

See Assembly Version of this Bill:: A5427
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: New York City Administrative Code
Laws Affected:: Add §26-307, NYC Ad Cd

2025-S3886 (ACTIVE) - Summary

Provides that any tenant who is evicted or otherwise removed from a dwelling unit as a result of a vacate order issued by any governmental agency or department due to fire shall be entitled to a suitable accommodation; defines suitable accommodation; makes related provisions.

2025-S3886 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3886

SPONSOR: GIANARIS
 
TITLE OF BILL:

An act to amend the administrative code of the city of New York, in
relation to protecting tenants displaced due to fire

 
PURPOSE:

To protect tenants displaced due to fire by requiring negligent building
owners to cover the costs of a temporary apartment while repairs are
being made.

 
SUMMARY OF PROVISIONS:

Section one adds a new section 26-307 to the administrative code of the
city of New York to provide the following:

Subdivision one requires building owners who are found responsible for a
fire that results in a vacate order to cover the costs of a temporary
apartment for displaced tenants. Once repairs to the original dwelling

units are complete, the building owners may stop paying rent on the
temporary units, and the tenants shall be afforded a right of first
refusal on their original unit.

Subdivision two provides the definition of "suitable accommodation" for
temporary housing that a displaced tenant is entitled to while the
original dwelling is undergoing repairs.

Subdivision three allows displaced tenants to reduce their rent on their
original apartment to a nominal amount of one dollar until repairs on
the building are complete and the tenant is able to move back in.

Subdivision four grants displaced tenants the right of first refusal to
return to their original unit upon a determination by HPD that repairs
on the unit are complete and restored with amenities equal to or better
than before the fire took place.

Subdivision five provides that if the owner fails to pay for suitable
accommodation, HPD may advance such rent payments and then be entitled
to recover from the owner.

Subdivision six authorizes the commissioner of the department of housing
preservation and development to adopt any rules and regulations neces-
sary to effectuate the provisions of this act.

Section 2 provides the severability clause.

Section 3 sets the effective date.

 
JUSTIFICATION:

In December 2023, an apartment building in Sunnyside, Queens, caught
fire due to a contractor's unauthorized use of a blow torch. This
resulted in over 450 tenants across 108 apartment units being displaced
from their homes, many of which were rent-stabilized. This has left
these tenants, the majority of which are working-class people of color,
struggling to find adequate housing within their price range. Worse, one
year after the fire took place, the building owner, A&E Real Estate, has
yet to move forward with any substantial reconstruction of the building,
to the great frustration of many tenants who are desperate to move back
into their homes. To ensure that tenants displaced by a fire are
adequately protected, this bill would require negligent building owners
to step up and cover the costs of a temporary apartment while the build-
ing is under reconstruction. The bill would also enshrine the right of a
displaced tenant to move back into their old apartment once repairs are
complete. This will ensure that negligent owners are held accountable
for devastating fires and incentivize them to restore the homes of
displaced tenants in a timely manner.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

TBD

 
LOCAL FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day it shall have become a
law.

2025-S3886 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3886
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2025
                                ___________
 
 Introduced  by Sen. GIANARIS -- 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  administrative code of the city of New York, in
   relation to protecting tenants displaced due to fire

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The administrative code of the city of New York is amended
 by adding a new section 26-307 to read as follows:
   § 26-307 PROTECTING TENANTS DISPLACED DUE TO FIRE. 1. ANY  TENANT  WHO
 IS  EVICTED  OR  OTHERWISE REMOVED FROM A DWELLING UNIT AS A RESULT OF A
 VACATE ORDER ISSUED BY ANY GOVERNMENTAL AGENCY OR DEPARTMENT DUE TO FIRE
 SHALL BE ENTITLED TO A SUITABLE ACCOMMODATION AS DEFINED BY  SUBDIVISION
 TWO  OF  THIS  SECTION  WHILE  THE  VACATE  ORDER REMAINS IN EFFECT. THE
 DEPARTMENT OF HOUSING  PRESERVATION  AND  DEVELOPMENT  SHALL  REFER  THE
 TENANT  TO  SUCH  SUITABLE ACCOMMODATION AND, IF THE TENANT ACCEPTS, THE
 OWNER OF THE BUILDING FROM WHICH SUCH TENANT WAS RELOCATED SHALL PAY FOR
 THE RENT ON THE SUITABLE ACCOMMODATION UPON A FINDING THAT THE OWNER, OR
 SUCH OWNER'S DESIGNATED AGENT, NEGLIGENTLY OR  INTENTIONALLY  CAUSED  OR
 CONTRIBUTED  TO THE FIRE RESULTING IN THE VACATE ORDER. SUCH OWNER SHALL
 BE LIABLE TO PAY FOR THE RENT OF SUCH SUITABLE ACCOMMODATION  UNTIL  THE
 COMMISSIONER  DETERMINES THAT SUFFICIENT REPAIRS ARE COMPLETED AND UNTIL
 SUCH TENANT IS NOTIFIED OF THEIR RIGHT  OF  FIRST  REFUSAL  PURSUANT  TO
 SUBDIVISION FOUR OF THIS SECTION.
   2. FOR PURPOSES OF THIS SECTION, "SUITABLE ACCOMMODATION" SHALL MEAN A
 DWELLING  UNIT APPROVED BY THE COMMISSIONER OF THE DEPARTMENT OF HOUSING
 PRESERVATION AND DEVELOPMENT THAT:
   (A) HAS ADEQUATE FLOOR AREA FOR THE TENANT AND  SUCH  TENANT'S  FAMILY
 PURSUANT TO THE HOUSING MAINTENANCE CODE OF THE CITY OF NEW YORK;
   (B)  HAS NO IMMEDIATELY HAZARDOUS VIOLATIONS OF RECORD IN THE DWELLING
 UNIT;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08296-01-5

 S. 3886                             2
 
   (C) HAS NO VIOLATIONS OF RECORD IN THE DWELLING UNIT FOR VERMIN, MICE,
 OR OTHER PEST INFESTATIONS, UNLESS A LETTER FROM A LICENSED EXTERMINATOR
 CERTIFIES THAT THE BUILDING IS UNDER CONTRACT TO BE SERVICED MONTHLY;
   (D)  DOES  NOT  HAVE ANY ROOMS OR FACILITIES WHICH CAN BE REACHED ONLY
 THROUGH A PUBLIC AREA, UNLESS THE DWELLING UNIT IS APPROVED  FOR  SINGLE
 ROOM OCCUPANCY USE OR IS A ROOM IN A DWELLING UNIT;
   (E) HAS HEAT AND HOT WATER;
   (F) CONTAINS A PRIVATE KITCHEN OR KITCHENETTE FOR THE EXCLUSIVE USE OF
 THE  TENANT  AND  SUCH  TENANT'S  FAMILY,  UNLESS  THE  DWELLING UNIT IS
 APPROVED FOR SINGLE ROOM OCCUPANCY USE OR IS A ROOM IN A DWELLING UNIT;
   (G) CONTAINS PRIVATE AND FULLY ENCLOSED TOILET AND BATHING  FACILITIES
 FOR THE EXCLUSIVE USE OF THE TENANT AND SUCH TENANT'S FAMILY, UNLESS THE
 DWELLING  UNIT IS APPROVED FOR SINGLE ROOM OCCUPANCY USE OR IS A ROOM IN
 A DWELLING UNIT;
   (H) HAS A WINDOW OR ADEQUATE LIGHT AND VENTILATION IN EACH ROOM PURSU-
 ANT TO THE HOUSING MAINTENANCE CODE OF THE CITY OF NEW YORK;
   (I) COMPLIES WITH ACCESSIBILITY STANDARDS UNDER THE FEDERAL  AMERICANS
 WITH DISABILITIES ACT; AND
   (J)  WHERE  FEASIBLE,  IS  COMPARABLE  TO  THE  DWELLING  UNIT  OF THE
 DISPLACED TENANT IN  TERMS  OF  SQUARE  FOOTAGE,  AMENITIES,  NUMBER  OF
 BEDROOMS, AND BOROUGH LOCATION.
   3. ANY TENANT SUBJECT TO A VACATE ORDER ISSUED DUE TO A FIRE MAY APPLY
 TO  THE  DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT TO ESTABLISH
 REDUCED RENT FOR THE VACATED APARTMENT AT ONE DOLLAR PER MONTH OR ANOTH-
 ER NOMINAL AMOUNT. IF THE DEPARTMENT ESTABLISHES SUCH NOMINAL RENT,  THE
 TENANT SHALL PAY SUCH RENT, WITHOUT INTERRUPTION, TO ESTABLISH AND MAIN-
 TAIN THEIR RIGHT OF FIRST REFUSAL.
   4. ANY TENANT WHO IS EVICTED OR OTHERWISE REMOVED FROM THEIR UNIT AS A
 RESULT  OF  A  VACATE  ORDER  ISSUED DUE TO A FIRE SHALL HAVE A RIGHT OF
 FIRST REFUSAL TO RETURN TO SUCH UNIT AS A TENANT UPON A DETERMINATION BY
 THE DEPARTMENT OF HOUSING PRESERVATION AND CONSERVATION THAT REPAIRS  ON
 THE UNIT ARE COMPLETE AND THAT THE DWELLING UNIT WAS RESTORED WITH AMEN-
 ITIES EQUAL TO OR BETTER THAN BEFORE THE FIRE TOOK PLACE. IN ADDITION TO
 OFFERING  A  RIGHT  OF FIRST REFUSAL TO THE TENANT, THE OWNER SHALL ALSO
 COVER THE REASONABLE COSTS OF MOVING BACK  IN  WITHOUT  IMPOSING  A  NEW
 SECURITY  DEPOSIT.  ANY  TENANT  UNLAWFULLY  DENIED  SUCH RIGHT OF FIRST
 REFUSAL TO RETURN TO SUCH UNIT SHALL HAVE A CAUSE OF ACTION IN ANY COURT
 OF COMPETENT JURISDICTION FOR COMPENSATORY DAMAGES  OR  DECLARATORY  AND
 INJUNCTIVE  RELIEF  AS  THE  COURT  DEEMS  NECESSARY IN THE INTERESTS OF
 JUSTICE, PROVIDED THAT SUCH COMPENSATORY RELIEF  SHALL  NOT  EXCEED  THE
 ANNUAL RENTAL CHARGES FOR SUCH UNIT.
   5.  IF  THE  OWNER FAILS, NEGLECTS, OR REFUSES TO PAY THE RENT FOR THE
 SUITABLE ACCOMMODATION OF A DISPLACED TENANT PURSUANT TO SUBDIVISION ONE
 OF THIS SECTION, THE DEPARTMENT OF HOUSING PRESERVATION AND  DEVELOPMENT
 MAY ADVANCE SUCH RENT PAYMENTS. THE DEPARTMENT SHALL THEN BE ENTITLED TO
 RECOVER  FROM THE OWNER ANY AMOUNT THE DEPARTMENT PAID TO THE TENANT. IN
 ADDITION, THE DEPARTMENT SHALL ALSO BE  ENTITLED  TO  RECOVER  FROM  THE
 OWNER  AN  ADDITIONAL  AMOUNT EQUAL TO THE SUM OF ONE-HALF THE AMOUNT SO
 PAID, BUT NOT TO EXCEED TEN THOUSAND DOLLARS, AS A PENALTY  FOR  FAILURE
 TO MAKE TIMELY PAYMENT TO THE DISPLACED TENANT.
   6.  THE  COMMISSIONER  MAY ADOPT ANY RULES OR REGULATIONS NECESSARY TO
 EFFECTUATE THE PURPOSES OF THIS SECTION.
   § 2. Severability. If any clause,  sentence,  paragraph,  subdivision,
 section  or part of this act shall be adjudged by any court of competent
 jurisdiction to be invalid, such judgment shall not affect,  impair,  or
 invalidate the remainder thereof, but shall be confined in its operation
 S. 3886                             3
 
 to the clause, sentence, paragraph, subdivision, section or part thereof
 directly  involved  in the controversy in which such judgment shall have
 been rendered. It is hereby declared to be the intent of the legislature
 that  this  act  would have been enacted even if such invalid provisions
 had not been included herein.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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Senate Bill S3886

Sponsored By

Current Bill Status - In Senate Committee Housing, Construction And Community Development Committee

2025-S3886 (ACTIVE) - Details

2025-S3886 (ACTIVE) - Summary

2025-S3886 (ACTIVE) - Sponsor Memo

2025-S3886 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3886

Share this bill

Sponsored By

Michael Gianaris

Current Bill Status - In Senate Committee Housing, Construction And Community Development Committee

2025-S3886 (ACTIVE) - Details

2025-S3886 (ACTIVE) - Summary

2025-S3886 (ACTIVE) - Sponsor Memo

2025-S3886 (ACTIVE) - Bill Text download pdf

Comments