Bill Text: NY A02020 | 2023-2024 | General Assembly | Introduced

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Bill Title: Regulates buyout agreements within rent regulated apartments between a landlord and current tenant; provides penalties for harassment by a landlord.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to housing [A02020 Detail]

Download: New_York-2023-A02020-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2020

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 23, 2023
                                       ___________

        Introduced by M. of A. DAVILA -- read once and referred to the Committee
          on Housing

        AN  ACT  to amend the emergency tenant protection act of nineteen seven-
          ty-four, in relation  to  regulating  buyouts  within  rent  regulated
          apartments

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 4 of chapter 576 of the laws of 1974,  constituting
     2  the emergency tenant protection act of nineteen seventy-four, is amended
     3  by adding a new section 10-c to read as follows:
     4    §  10-c.  Regulated  buyouts  for  rent  regulated  apartments. a. For
     5  purposes of this section, the following terms shall have  the  following
     6  meanings:
     7    (1)  "Buyout agreement" shall mean an agreement wherein the owner of a
     8  dwelling unit exchanges money or other valuable consideration to  induce
     9  any  person  lawfully entitled to occupancy of such unit to surrender or
    10  waive any rights in relation to  such  occupancy  that  results  in  the
    11  tenant vacating such unit.
    12    (2)  "Commissioner"  shall  mean  the  commissioner of the division of
    13  housing and community renewal and any successor thereto.
    14    (3) "Division" shall  mean  the  division  of  housing  and  community
    15  renewal and any successor thereto.
    16    b.  (1) If a landlord shall make a buyout offer to a current tenant in
    17  the form of a proposed buyout agreement, such agreement shall be made in
    18  writing and shall contain:
    19    (a) his or her name and contact information;
    20    (b) the date the request was made in writing;
    21    (c) the amount of money being offered to the current tenant; and
    22    (d) the reason for contacting the tenant;
    23    (2) The landlord shall make it known to a tenant within  any  proposed
    24  buyout agreement that:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02415-01-3
        A. 2020                             2

     1    (a)  the  tenant  may  reject any offer and may continue to occupy the
     2  dwelling unit; and
     3    (b) the tenant may consult with an attorney regarding such agreement.
     4    c.  A proposed buyout offer shall be considered harassment against the
     5  current tenant if the landlord:
     6    (1) provides false information in connection with  a  proposed  buyout
     7  offer;
     8    (2) contacts the tenant at their place of employment without obtaining
     9  such tenant's permission; or
    10    (3)  continues  to  contact  the tenant within one hundred eighty days
    11  after the tenant has advised the landlord in writing that  they  do  not
    12  want to be contacted further regarding any potential buyout offers.
    13    d.  After  receiving  a  proposed  buyout agreement from a landlord, a
    14  tenant shall have a minimum of ninety days from the  time  the  proposed
    15  buyout  was presented to the tenant, to accept or reject such agreement.
    16  The tenant and landlord shall not be able to execute a buyout  agreement
    17  until such ninety day period has lapsed. The tenant shall use the ninety
    18  day  period  to understand their rights pertaining to such agreement and
    19  to seek out assistance from counsel if they desire.
    20    e. Within ninety days after the execution of a buyout agreement for  a
    21  dwelling unit, the landlord of such unit shall electronically provide to
    22  the division the following:
    23    (1) his or her name;
    24    (2)  the  address  of  the  dwelling  unit that is the subject of such
    25  buyout agreement;
    26    (3) the amount of money or, if  applicable,  a  description  of  other
    27  valuable  consideration  agreed upon as part of the buyout agreement. If
    28  such other valuable consideration included the dismissal  of  a  pending
    29  action  or proceeding, the caption, index number and county in which the
    30  pending action or proceeding was venued shall be required;
    31    (4) the date such buyout agreement was executed; and
    32    (5) the amount of time, in months, remaining in  the  lease  for  such
    33  subject  dwelling  unit.  A tenant with a legal right to a lease renewal
    34  pursuant to state law shall be indicated as having an  unlimited  number
    35  of months remaining.
    36    f.  No  later  than  January  31, 2025, and by January 31 of each year
    37  thereafter, the commissioner shall submit a report to the speaker of the
    38  assembly and the temporary president of the  senate  that  contains  the
    39  total  number  of  buyout  agreements executed during the prior calendar
    40  year.  Such report shall include, but not be limited to,  the  following
    41  for each census tract:
    42    (1)  The  amount  of  money or other consideration agreed upon in each
    43  such agreement;
    44    (2) The date that each such agreement was executed; and
    45    (3) The amount of time, in months, remaining  in  the  lease  for  the
    46  dwelling  unit subject to such agreement. A tenant with a legal right to
    47  a lease renewal pursuant to state law shall be indicated  as  having  an
    48  unlimited number of months remaining.
    49    g.  (1) A landlord who shall be required to provide information to the
    50  division and who fails to do so pursuant to paragraph e of this  section
    51  shall  be liable to a civil penalty of five hundred dollars, which shall
    52  be payable to the division.
    53    (2) If a landlord is found guilty of harassment pursuant  to  subdivi-
    54  sion c of this section, has violated the ninety day required time period
    55  pursuant  to  subdivision  d of this section or has violated the minimum
    56  legal standards set forth in this section on how a buyout shall be made,
        A. 2020                             3

     1  they shall be liable to a penalty  of  one  thousand  dollars  for  each
     2  violation.
     3    §  2.  This act shall take effect July 1, 2024. Effective immediately,
     4  the addition, amendment, and/or repeal of any rule or regulation  neces-
     5  sary  for  the  implementation  of  this  act  on its effective date are
     6  authorized to be made and completed on or before such effective date.