Bill Text: NY A05362 | 2019-2020 | General Assembly | Introduced


Bill Title: Permits the declaration of an emergency pursuant to the EMTPA for rental housing accommodations located in buildings covered by a project based assistance contract pursuant to section 8 of the United States housing act of 1937.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced) 2019-02-11 - referred to housing [A05362 Detail]

Download: New_York-2019-A05362-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5362
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 11, 2019
                                       ___________
        Introduced  by  M.  of  A. CYMBROWITZ, WALKER, DE LA ROSA, L. ROSENTHAL,
          BARRON, MOSLEY -- read once and referred to the Committee on Housing
        AN ACT to amend the administrative code of the city of New York and  the
          emergency tenant protection act  of nineteen seventy-four, in relation
          to  the declaration of emergencies for certain rental housing accommo-
          dations
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Subdivision a of section 26-504 of the administrative code
     2  of the city of New York, subparagraph (f) of paragraph 1 as  amended  by
     3  chapter 422 of the laws of 2010, is amended to read as follows:
     4    a.  Class  A  multiple  dwellings  not  owned as a cooperative or as a
     5  condominium, except as provided in section three hundred  fifty-two-eeee
     6  of  the  general  business  law,  containing  six or more dwelling units
     7  which:   (1) were  completed  after  February  first,  nineteen  hundred
     8  forty-seven,  except  dwelling units (a) owned or leased by, or financed
     9  by loans from, a  public  agency  or  public  benefit  corporation,  (b)
    10  subject  to rent regulation under the private housing finance law or any
    11  other state law, (c) aided by government insurance under  any  provision
    12  of  the  national  housing  act, to the extent this chapter or any regu-
    13  lation or order issued thereunder  is  inconsistent  therewith,  or  (d)
    14  located  in  a building for which a certificate of occupancy is obtained
    15  after March tenth, nineteen hundred sixty-nine[;], or (e)  any  class  A
    16  multiple  dwelling which on June first, nineteen hundred sixty-eight was
    17  and still is commonly regarded as a hotel, transient hotel  or  residen-
    18  tial  hotel,  and  which customarily provides hotel service such as maid
    19  service, furnishing and laundering of  linen,  telephone  and  bell  boy
    20  service, secretarial or desk service and use and upkeep of furniture and
    21  fixtures, or (f) not occupied by the tenant, not including subtenants or
    22  occupants,  as his or her primary residence, as determined by a court of
    23  competent jurisdiction, provided, however that no action  or  proceeding
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09542-01-9

        A. 5362                             2
     1  shall  be  commenced  seeking to recover possession on the ground that a
     2  housing accommodation is not occupied by the tenant as his or her prima-
     3  ry residence unless the owner or lessor shall  have  given  thirty  days
     4  notice  to the tenant of his or her intention to commence such action or
     5  proceeding on such grounds. For  the  purposes  of  determining  primary
     6  residency,  a tenant who is a victim of domestic violence, as defined in
     7  section four hundred fifty-nine-a of the social services  law,  who  has
     8  left  the  unit  because  of such violence, and who asserts an intent to
     9  return to the housing accommodation shall be deemed to be occupying  the
    10  unit  as his or her primary residence. For the purposes of this subpara-
    11  graph where a housing accommodation is rented to a not-for-profit hospi-
    12  tal for residential use, affiliated subtenants authorized  to  use  such
    13  accommodations  by  such  hospital shall be deemed to be tenants, or (g)
    14  became vacant on or after June thirtieth, nineteen hundred  seventy-one,
    15  or  become vacant, provided however, that this exemption shall not apply
    16  or become effective with respect to  housing  accommodations  which  the
    17  commissioner  determines  or finds became vacant because the landlord or
    18  any person acting on his or her behalf, with intent to cause the  tenant
    19  to  vacate,  engaged in any course of conduct (including but not limited
    20  to, interruption or discontinuance of essential services)  which  inter-
    21  fered with or disturbed or was intended to interfere with or disturb the
    22  comfort, repose, peace or quiet of the tenant in his or her use or occu-
    23  pancy  of the housing accommodations and provided further that any hous-
    24  ing accommodations exempted by this paragraph shall be subject  to  this
    25  law to the extent provided in subdivision b of this section; or (2) were
    26  decontrolled  by the city rent agency pursuant to section 26-414 of this
    27  title; or (3) are exempt from control by virtue of  [item]  clause  one,
    28  two,  six or seven of subparagraph (i) of paragraph two of subdivision e
    29  of section 26-403 of this title; or (4) were covered by a project  based
    30  assistance contract pursuant to section eight of the United States hous-
    31  ing  act  of 1937 which contract is no longer in effect, notwithstanding
    32  the provisions of subparagraph (d) or  (g)  of  paragraph  one  of  this
    33  subdivision  or  paragraph  five of subdivision a of section five of the
    34  emergency tenant protection act of nineteen seventy-four but subject  to
    35  any  other applicable exceptions in paragraph one of this subdivision or
    36  subdivision (a) of section five of the emergency tenant  protection  act
    37  of nineteen seventy-four, provided however, that any dwelling unit which
    38  becomes  subject  to  this  law  pursuant to this paragraph shall not be
    39  subject to the provisions of subdivision a of  section  26-513  of  this
    40  chapter; and
    41    § 2. Section 5 of section 4 of chapter 576 of the laws of 1974 consti-
    42  tuting  the  emergency tenant protection act of nineteen seventy-four is
    43  amended by adding a new subdivision c to read as follows:
    44    c. Notwithstanding the provisions of paragraph five of  subdivision  a
    45  of  this  section but subject to any other applicable exceptions in such
    46  subdivision, nothing shall  prevent  the  declaration  of  an  emergency
    47  pursuant  to section three of this act for rental housing accommodations
    48  located in a building which was covered by a  project  based  assistance
    49  contract  pursuant  to section eight of the United States housing act of
    50  1937 which contract is no longer in effect provided  however,  that  any
    51  housing accommodation which becomes subject to this act pursuant to this
    52  subdivision  shall  not be subject to the provisions of subdivision a of
    53  section nine of this act.
    54    § 3. This act shall take effect immediately and  shall  apply  to  all
    55  buildings  which  are  covered  by  a  project based assistance contract
    56  pursuant to section eight of the United States housing act of 1937 which

        A. 5362                             3
     1  contract ceased to be effective on or after such date; provided,  howev-
     2  er,  that the amendment to subdivision a of section 26-504 of the admin-
     3  istrative code of the city of New York made by section one of  this  act
     4  shall  not  affect  the  expiration  of such section pursuant to section
     5  26-520 of such code and shall expire therewith; and  provided,  further,
     6  that  the  amendment to section 5 of the emergency tenant protection act
     7  of nineteen seventy-four made by section  two  of  this  act  shall  not
     8  affect  the  expiration of such act as provided in section 17 of chapter
     9  576 of the laws of 1974, as amended, and shall expire therewith.
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