Bill Text: NY A03411 | 2019-2020 | General Assembly | Introduced
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 his or her 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 - Dead) 2020-01-08 - referred to housing [A03411 Detail]
Download: New_York-2019-A03411-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3411 2019-2020 Regular Sessions IN ASSEMBLY January 29, 2019 ___________ Introduced by M. of A. BICHOTTE -- read once and referred to the Commit- tee on Housing 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 his or her 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 he or she has lived in the housing 11 accommodation as his or her residence for a period of no less than one 12 year preceding such date. The tenant must elect, within sixty days of 13 the date the attorney general has accepted the plan for filing, on forms 14 promulgated by the attorney general and presented to such tenants by the 15 offeror, to become non-purchasing tenants under the provisions of this 16 subdivision; provided that such election shall not preclude any such 17 tenant from subsequently purchasing the dwelling unit on the terms then 18 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 gainful25employment] substantially limit one or more major life activities on the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00224-01-9A. 3411 2 1 date the attorney general has accepted the plan for filing, and the 2 spouses of any such tenants on such date, [and who have elected] or any 3 member of the tenant's household, lawfully occupying the premises as his 4 or her residence, who has such an impairment on such date, provided, in 5 the case of the tenant's household member, that he or she has lived in 6 the housing accommodation as his or her residence for a period of no 7 less than one year preceding such date. The tenant must elect, within 8 sixty days of the date the attorney general has accepted the plan for 9 filing, on forms promulgated by the attorney general and presented to 10 such tenants by the offeror, to become non-purchasing tenants under the 11 provisions of this subdivision; provided, however, that if the disabili- 12 ty first occurs after acceptance of the plan for filing, then such 13 election may be made within sixty days following the onset of such disa- 14 bility unless during the period subsequent to sixty days following the 15 acceptance of the plan for filing but prior to such election, the offe- 16 ror accepts a written agreement to purchase the apartment from a bona 17 fide purchaser; and provided further that such election shall not 18 preclude any such tenant from subsequently purchasing the dwelling unit 19 or the shares allocated thereto on the terms then offered to tenants in 20 occupancy. 21 § 2. Paragraphs (f) and (g) of subdivision 1 of section 352-eee of the 22 general business law, as added by chapter 402 of the laws of 1983, are 23 amended to read as follows: 24 (f) "Eligible senior citizens". Non-purchasing tenants who are sixty- 25 two years of age or older on the date the plan is declared effective and 26 the spouses of any such tenants on such date; [provided that] or any 27 member of the tenant's household, lawfully occupying the premises as his 28 or her residence who is sixty-two years of age or older on such date, 29 provided, in the case of a tenant's household member, that he or she has 30 lived in the housing accommodation as his or her residence for a period 31 of no less than one year preceding such date such tenant shall not be 32 precluded from subsequently purchasing the dwelling unit on the terms 33 then offered to tenants in occupancy. 34 (g) "Eligible disabled persons". Non-purchasing tenants who have an 35 impairment which results from anatomical, physiological or psychological 36 conditions, other than addiction to alcohol, gambling, or any controlled 37 substance, which are demonstrable by medically acceptable clinical and 38 laboratory diagnostic techniques, and which are expected to be permanent 39 and which [prevent the tenant from engaging in any substantial gainful40employment] substantially limit one or more major life activities on the 41 date the attorney general has accepted the plan for filing, and the 42 spouses of any such tenants on such date, [and who have elected] or any 43 member of the tenant's household, lawfully occupying the premises as his 44 or her residence who has such an impairment on such date, provided, in 45 the case of the tenant's household member, that he or she has lived in 46 the housing accommodation as his or her residence for a period of no 47 less than one year preceding such date. The tenant must elect, within 48 sixty days of the date the attorney general has accepted the plan for 49 filing, on forms promulgated by the attorney general and presented to 50 such tenants by the offeror, to become non-purchasing tenants under the 51 provisions of this section; provided, however, that if the disability 52 first occurs after acceptance of the plan for filing, then such election 53 may be made within sixty days following the onset of such disability 54 unless during the period subsequent to sixty days following the accept- 55 ance of the plan for filing but prior to such election, the offeror 56 accepts a written agreement to purchase the apartment from a bona fideA. 3411 3 1 purchaser; and provided further that such election shall not preclude 2 any such tenant from subsequently purchasing the dwelling unit or the 3 shares allocated thereto on the terms then offered to tenants in occu- 4 pancy. 5 § 3. Paragraphs (f) and (g) of subdivision 1 of section 352-eeee of 6 the general business law, as added by chapter 555 of the laws of 1982, 7 are amended to read as follows: 8 (f) "Eligible senior citizens". Non-purchasing tenants who are sixty- 9 two years of age or older on the date the attorney general has accepted 10 the plan for filing, and the spouses of any such tenants on such date, 11 [and who have elected] or any member of the tenant's household, lawfully 12 occupying the premises as his or her residence who is sixty-two years of 13 age or older on such date, provided, in the case of a tenant's household 14 member, that he or she has lived in the housing accommodation as his or 15 her residence for a period of no less than one year preceding such date. 16 The tenant must elect, within sixty days of 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 gainful29employment] are expected to be permanent and which substantially limit 30 one or more major life activities on the date the attorney general has 31 accepted the plan for filing, and the spouses of any such tenants on 32 such date, [and who have elected] or any member of the tenant's house- 33 hold, lawfully occupying the premises as his or her residence on such 34 date, provided in the case of a tenant's household member, that he or 35 she has lived in the housing accommodation as his or her residence for a 36 period of no less than one year preceding such date. The tenant must 37 elect, within sixty days of the date the attorney general has accepted 38 the plan for filing, on forms promulgated by the attorney general and 39 presented to such tenants by the offeror, to become non-purchasing 40 tenants under the provisions of this section; provided, however, that if 41 the disability first occurs after acceptance of the plan for filing, 42 then such election may be made within sixty days following the onset of 43 such disability unless during the period subsequent to sixty days 44 following the acceptance of the plan for filing but prior to such 45 election, the offeror accepts a written agreement to purchase the apart- 46 ment from a bona fide purchaser; and provided further that such election 47 shall not preclude any such tenant from subsequently purchasing the 48 dwelling unit or the shares allocated thereto on the terms then offered 49 to tenants in occupancy. 50 § 4. This act shall take effect immediately; provided that the amend- 51 ments to sections 352-eee and 352-eeee of the general business law made 52 by sections two and three of this act shall not affect the expiration of 53 such sections and shall be deemed to expire therewith.