Bill Text: NY S09357 | 2023-2024 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-13 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S09357 Detail]

Download: New_York-2023-S09357-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9357

                    IN SENATE

                                      May 13, 2024
                                       ___________

        Introduced  by  Sen.  CLEARE -- 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 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:

     1    Section 1.  Subparagraphs (iii) and (iv) of paragraph (a) of  subdivi-
     2  sion 2-a of section 352-e of the general business law, as added by chap-
     3  ter 771 of the laws of 1983, are amended to read as follows:
     4    (iii)  "Eligible  senior  citizens".  Non-purchasing  tenants  who are
     5  sixty-two years of age or older on the date  the  attorney  general  has
     6  accepted  the  plan  for  filing, and the spouses of any such tenants on
     7  such date, [and who have elected] or any member of the  tenant's  house-
     8  hold,  lawfully occupying the premises as such person's residence who is
     9  sixty-two years of age or older on such date, provided, in the case of a
    10  tenant's household member, that such person has  lived  in  the  housing
    11  accommodation  as  such  person's residence for a period of no less than
    12  one year preceding such date. The tenant must elect, within  sixty  days
    13  of  the  date  the attorney general has accepted the plan for filing, on
    14  forms promulgated by the attorney general and presented to such  tenants
    15  by the offeror, to become non-purchasing tenants under the provisions of
    16  this  subdivision;  provided  that  such election shall not preclude any
    17  such tenant from subsequently purchasing the dwelling unit on the  terms
    18  then offered to tenants in occupancy.
    19    (iv)  "Eligible  disabled persons". Non-purchasing tenants who have an
    20  impairment which results from anatomical, physiological or psychological
    21  conditions, other than addiction to alcohol, gambling, or any controlled
    22  substance, which are demonstrable by medically acceptable  clinical  and
    23  laboratory diagnostic techniques, and which are expected to be permanent
    24  and  which  [prevent the tenant from engaging in any substantial gainful
    25  employment] substantially limit one or more major life activities on the
    26  date the attorney general has accepted the  plan  for  filing,  and  the
    27  spouses  of any such tenants on such date, [and who have elected] or any

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03387-03-4
        S. 9357                             2

     1  member of the tenant's household, lawfully  occupying  the  premises  as
     2  such  person's  residence,  who  has  such  an  impairment on such date,
     3  provided, in the case of the tenant's household member, that such person
     4  has  lived in the housing accommodation as such person's residence for a
     5  period of no less than one year preceding such  date.  The  tenant  must
     6  elect,  within  sixty days of the date the attorney general has accepted
     7  the plan for filing, on forms promulgated by the  attorney  general  and
     8  presented  to  such  tenants  by  the  offeror, to become non-purchasing
     9  tenants under the provisions of  this  subdivision;  provided,  however,
    10  that  if  the  disability  first occurs after acceptance of the plan for
    11  filing, then such election may be made within sixty days  following  the
    12  onset  of  such  disability unless during the period subsequent to sixty
    13  days following the acceptance of the plan for filing but prior  to  such
    14  election, the offeror accepts a written agreement to purchase the apart-
    15  ment from a bona fide purchaser; and provided further that such election
    16  shall  not  preclude  any  such  tenant from subsequently purchasing the
    17  dwelling unit or the shares allocated thereto on the terms then  offered
    18  to tenants in occupancy.
    19    § 2. Paragraphs (f) and (g) of subdivision 1 of section 352-eee of the
    20  general  business  law, as added by chapter 402 of the laws of 1983, are
    21  amended to read as follows:
    22    (f) "Eligible senior citizens". Non-purchasing tenants who are  sixty-
    23  two years of age or older on the date the plan is declared effective and
    24  the  spouses  of  any  such tenants on such date; [provided that] or any
    25  member of the tenant's household, lawfully  occupying  the  premises  as
    26  such  person's  residence who is sixty-two years of age or older on such
    27  date, provided, in the case of a tenant's household  member,  that  such
    28  person has lived in the housing accommodation as such person's residence
    29  for  a  period  of no less than one year preceding such date such tenant
    30  shall not be precluded from subsequently purchasing the dwelling unit on
    31  the terms then offered to tenants in occupancy.
    32    (g) "Eligible disabled persons". Non-purchasing tenants  who  have  an
    33  impairment which results from anatomical, physiological or psychological
    34  conditions, other than addiction to alcohol, gambling, or any controlled
    35  substance,  which  are demonstrable by medically acceptable clinical and
    36  laboratory diagnostic techniques, and which are expected to be permanent
    37  and which [prevent the tenant from engaging in any  substantial  gainful
    38  employment] substantially limit one or more major life activities on the
    39  date  the  attorney  general  has  accepted the plan for filing, and the
    40  spouses of any such tenants on such date, [and who have elected] or  any
    41  member  of  the  tenant's  household, lawfully occupying the premises as
    42  such person's residence  who  has  such  an  impairment  on  such  date,
    43  provided, in the case of the tenant's household member, that such person
    44  has  lived in the housing accommodation as such person's residence for a
    45  period of no less than one year preceding such  date.  The  tenant  must
    46  elect,  within  sixty days of the date the attorney general has accepted
    47  the plan for filing, on forms promulgated by the  attorney  general  and
    48  presented  to  such  tenants  by  the  offeror, to become non-purchasing
    49  tenants under the provisions of this section; provided, however, that if
    50  the disability first occurs after acceptance of  the  plan  for  filing,
    51  then  such election may be made within sixty days following the onset of
    52  such disability unless  during  the  period  subsequent  to  sixty  days
    53  following  the  acceptance  of  the  plan  for  filing but prior to such
    54  election, the offeror accepts a written agreement to purchase the apart-
    55  ment from a bona fide purchaser; and provided further that such election
    56  shall not preclude any such  tenant  from  subsequently  purchasing  the
        S. 9357                             3

     1  dwelling  unit or the shares allocated thereto on the terms then offered
     2  to tenants in occupancy.
     3    §  3.  Paragraphs  (f) and (g) of subdivision 1 of section 352-eeee of
     4  the general business law, as amended by section 1 of part N  of  chapter
     5  36 of the laws of 2019, are amended to read as follows:
     6    (f)  "Eligible senior citizens". Non-purchasing tenants who are sixty-
     7  two years of age or older on the date  the  plan  is  submitted  to  the
     8  department  of  law or on the date the attorney general has accepted the
     9  plan for filing, and the spouses of any such tenants on such date,  [and
    10  who  have  elected]  or  any  member of the tenant's household, lawfully
    11  occupying the premises as such person's residence who is sixty-two years
    12  of age or older on such date, provided, in the case of a tenant's house-
    13  hold member, that such person has lived in the housing accommodation  as
    14  such  person's residence for a period of no less than one year preceding
    15  such date. The tenant must elect, within sixty days of the date the plan
    16  is submitted to the department of law or on the date the attorney gener-
    17  al has accepted the plan for filing, on forms promulgated by the  attor-
    18  ney  general  and  presented  to  such tenants by the offeror, to become
    19  non-purchasing tenants under the provisions of  this  section;  provided
    20  that  such election shall not preclude any such tenant from subsequently
    21  purchasing the dwelling unit on the terms then  offered  to  tenants  in
    22  occupancy.
    23    (g)  "Eligible  disabled  persons". Non-purchasing tenants who have an
    24  impairment which results from anatomical, physiological or psychological
    25  conditions, other than addiction to alcohol, gambling, or any controlled
    26  substance, which are demonstrable by medically acceptable  clinical  and
    27  laboratory diagnostic techniques, and which are expected to be permanent
    28  and  which  [prevent the tenant from engaging in any substantial gainful
    29  employment] are expected to be permanent and which  substantially  limit
    30  one  or  more major life activities on the date the plan is submitted to
    31  the department of law or on the date the attorney general  has  accepted
    32  the  plan  for filing, and the spouses of any such tenants on such date,
    33  [and who have elected] or any  member  of  the    tenant's    household,
    34  lawfully occupying the premises as such person's residence on such date,
    35  provided  in  the  case of a tenant's household member, that such person
    36  has lived in the housing accommodation as such person's residence for  a
    37  period  of  no  less  than one year preceding such date. The tenant must
    38  elect, within sixty days of the  date  the  plan  is  submitted  to  the
    39  department  of  law or on the date the attorney general has accepted the
    40  plan for filing, on  forms  promulgated  by  the  attorney  general  and
    41  presented  to  such  tenants  by  the  offeror, to become non-purchasing
    42  tenants under the provisions of this section; provided, however, that if
    43  the disability first occurs after acceptance of  the  plan  for  filing,
    44  then  such election may be made within sixty days following the onset of
    45  such disability unless  during  the  period  subsequent  to  sixty  days
    46  following  the  acceptance  of  the  plan  for  filing but prior to such
    47  election, the offeror accepts a written agreement to purchase the apart-
    48  ment from a bona fide purchaser; and provided further that such election
    49  shall not preclude any such  tenant  from  subsequently  purchasing  the
    50  dwelling  unit or the shares allocated thereto on the terms then offered
    51  to tenants in occupancy.
    52    § 4. This act shall take effect immediately.