S T A T E O F N E W Y O R K
________________________________________________________________________
564
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Housing
AN ACT to provide continued tenancy for certain non-purchasing senior
citizens in the city of New York; and to amend chapter 555 of the laws
of 1982 amending the general business law and the administrative code
of the city of New York relating to conversion of residential property
to cooperative or condominium ownership in the city of New York, in
relation to extending the expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The legislature hereby finds that due to the special
2 circumstances of senior citizens, a greater degree of care must be taken
3 in preserving the essentials of life for the elderly. In 1982, and again
4 in 1986, the legislature recognized the particular hardship of relo-
5 cation for such persons and extended to eligible senior citizens
6 protection from eviction pursuant to certain cooperative or condominium
7 conversion plans. The legislature hereby finds that greater protection
8 must be afforded to senior citizens currently residing in multiple
9 dwellings subject to a cooperative or condominium conversion plan in the
10 city of New York and threatened with eviction pursuant to an eviction
11 plan.
12 S 2. Notwithstanding any contrary provision of law, any person who
13 attains the age of sixty-two years or older on or before July 1, 2011,
14 who is and has continuously been since prior to January 1, 1982, a
15 tenant of a dwelling unit located in a building or group of buildings or
16 development in the city of New York subject to a cooperative or condo-
17 minium conversion eviction plan, and who is a non-purchasing tenant and
18 otherwise subject to eviction may remain in occupancy, with all of the
19 rights of non-purchasing tenants as provided in paragraph (c) of subdi-
20 vision 2 of section 352-eeee of the general business law and all
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04459-01-1
A. 564 2
1 protections extended by applicable rent regulation laws and provisions;
2 provided, however, that the units occupied by such tenants or the shares
3 allocated thereto have not been sold to a bona fide purchaser for occu-
4 pancy prior to the effective date of this act; and provided further,
5 however, that the right of succession with respect to such unit shall be
6 limited to the spouses of such tenants, and thereafter, such family
7 members of such tenants which are named on the lease for such dwelling
8 unit.
9 S 3. Section 10 of chapter 555 of the laws of 1982, amending the
10 general business law and the administrative code of the city of New York
11 relating to conversion of residential property to cooperative or condo-
12 minium ownership in the city of New York, as amended by chapter 82 of
13 the laws of 2003, is amended to read as follows:
14 S 10. This act shall take effect immediately; provided, that the
15 provisions of sections one, two and nine of this act shall remain in
16 full force and effect only until and including June 15, [2011] 2016;
17 provided further that the provisions of section three of this act shall
18 remain in full force and effect only so long as the public emergency
19 requiring the regulation and control of residential rents and evictions
20 continues as provided in subdivision 3 of section 1 of the local emer-
21 gency housing rent control act; provided further that the provisions of
22 sections four, five, six and seven of this act shall expire in accord-
23 ance with the provisions of section 26-520 of the administrative code of
24 the city of New York as such section of the administrative code is, from
25 time to time, amended; provided further that the provisions of section
26 26-511 of the administrative code of the city of New York, as amended by
27 this act, which the New York City Department of Housing Preservation and
28 Development must find are contained in the code of the real estate
29 industry stabilization association of such city in order to approve it,
30 shall be deemed contained therein as of the effective date of this act;
31 and provided further that any plan accepted for filing by the department
32 of law on or before the effective date of this act shall continue to be
33 governed by the provisions of section 352-eeee of the general business
34 law as they had existed immediately prior to the effective date of this
35 act.
36 S 4. This act shall take effect immediately.