Bill Text: NY A03904 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to renewal of a lease under the stabilization code promulgated by the real estate industry stabilization association; defines demolish.
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Engrossed - Dead) 2014-01-08 - ordered to third reading cal.190 [A03904 Detail]
Download: New_York-2013-A03904-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 3904 2013-2014 Regular Sessions I N A S S E M B L Y January 29, 2013 ___________ Introduced by M. of A. GLICK, ROSENTHAL, MILLMAN, DINOWITZ, O'DONNELL, JACOBS, COOK, COLTON -- Multi-Sponsored by -- M. of A. BRENNAN, FARRELL, GOTTFRIED, PERRY, WEINSTEIN, WEISENBERG -- read once and referred to the Committee on Housing AN ACT to amend the administrative code of the city of New York, in relation to renewal of a lease under the stabilization code THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subparagraph (a) of paragraph 9 of subdivision c of section 2 26-511 of the administrative code of the city of New York is amended to 3 read as follows: 4 (a) (1) where [he or she] THE OWNER HAS ESTABLISHED TO THE SATISFAC- 5 TION OF THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, AFTER A HEARING 6 AT WHICH ALL PARTIES MAY PRESENT EVIDENCE THAT THE SUBJECT BUILDING IS 7 IN A SUBSTANDARD OR SERIOUSLY DETERIORATED CONDITION, AND THAT THE OWNER 8 intends in good faith to demolish the building and [has obtained a 9 permit therefor from the department of buildings] SUBMITS PROOF PRIOR TO 10 FILING THE APPLICATION WITH THE DIVISION OF HOUSING AND COMMUNITY 11 RENEWAL THAT PLANS AND IF POSSIBLE, THE NECESSARY PERMITS, FOR THE 12 UNDERTAKING HAVE BEEN APPROVED BY AND OBTAINED FROM THE DEPARTMENT OF 13 BUILDINGS. SUCH APPLICATION SHALL BE FILED AT LEAST NINETY DAYS PRIOR 14 TO THE EXPIRATION OF THE LEASE TERM; FOR THE PURPOSE OF THIS SUBPARA- 15 GRAPH, "DEMOLISH" MEANS THE COMPLETE RAZING OF THE ENTIRE BUILDING, 16 INCLUDING ALL EXTERIOR WALLS, IN ORDER TO CONSTRUCT A NEW BUILDING WITH 17 THE SAME OR GREATER NUMBER OF RENTAL HOUSING UNITS; 18 (2) THE ORDER GRANTING THE OWNER'S DEMOLITION APPLICATION SHALL 19 PROVIDE THAT THE OWNER MUST, AT THE TENANT'S OPTION, EITHER: (I) RELO- 20 CATE THE TENANT TO AN EQUIVALENT OR SUPERIOR RENT STABILIZED HOUSING 21 ACCOMMODATION IN A CLOSELY PROXIMATE AREA, OR IF A NEW RESIDENTIAL 22 BUILDING IS BEING CONSTRUCTED ON THE SITE PROVIDE THE TENANT WITH SUIT- 23 ABLE INTERIM HOUSING AT NO ADDITIONAL COST UNTIL A UNIT IS AVAILABLE IN EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00870-01-3 A. 3904 2 1 THE NEW BUILDING; PROVIDE THAT THE AMOUNT OF RENT CHARGED FOR THE UNIT 2 SHALL BE AT THE SAME OR LOWER LEGAL REGULATED RENT; AND PROVIDE THE 3 TENANT, IN ADDITION TO REASONABLE MOVING EXPENSES, PAYMENT OF A FIVE 4 THOUSAND DOLLAR STIPEND, PROVIDED THE TENANT VACATES ON OR BEFORE THE 5 VACATE DATE REQUIRED BY THE FINAL ORDER; OR (II) PROVIDE RELOCATION OF 6 THE TENANT TO A SUITABLE HOUSING ACCOMMODATION AT A RENT IN EXCESS OF 7 THAT FOR THE SUBJECT HOUSING ACCOMMODATION; PROVIDE THE TENANT, IN ADDI- 8 TION TO REASONABLE MOVING EXPENSES, A STIPEND EQUAL TO THE DIFFERENCE OF 9 THE RENT CHARGED AT THE HOUSING ACCOMMODATION BEING VACATED AND THE RENT 10 CHARGED FOR THE HOUSING ACCOMMODATION TO WHICH THE TENANT IS RELOCATING, 11 MULTIPLIED BY SEVENTY-TWO MONTHS, PROVIDED THE TENANT VACATES ON OR 12 BEFORE THE VACATE DATE REQUIRED BY THE FINAL ORDER; OR (III) PAY THE 13 TENANT A STIPEND WHICH SHALL BE THE DIFFERENCE BETWEEN THE TENANT'S 14 CURRENT RENT AND AN AMOUNT TO BE CALCULATED USING THE DEMOLITION STIPEND 15 CHART, CREATED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, MULTI- 16 PLIED BY SEVENTY-TWO MONTHS; or 17 S 2. This act shall take effect immediately and shall apply to any 18 tenant in possession on or after such effective date and to any action 19 or proceeding pending in any court and to any application, complaint, or 20 proceeding pending before an administrative agency on such effective 21 date, as well as to any action or proceeding commenced thereafter; 22 provided, however that the amendments to subparagraph (a) of paragraph 9 23 of subdivision c of section 26-511 of chapter 4 of title 26 of the 24 administrative code of the city of New York made by section one of this 25 act shall expire on the same date as such law expires and shall not 26 affect the expiration of such law as provided under section 26-520 of 27 such law.