Bill Text: NY A09986 | 2023-2024 | General Assembly | Introduced
Bill Title: Prohibits persons whose income is greater than one hundred twenty-five percent of the area median income from occupying certain housing accommodations.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-05-01 - referred to housing [A09986 Detail]
Download: New_York-2023-A09986-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9986 IN ASSEMBLY May 1, 2024 ___________ Introduced by M. of A. FITZPATRICK -- read once and referred to the Committee on Housing AN ACT to amend the emergency tenant protection act of nineteen seven- ty-four, the emergency housing rent control law and the administrative code of the city of New York, in relation to establishing tenant eligibility for certain housing accommodations The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 10 of section 4 of chapter 576 of the laws of 1974, 2 constituting the emergency tenant protection act of nineteen seventy- 3 four, is amended by adding a new subdivision d to read as follows: 4 d. Notwithstanding any provisions of law to the contrary, any person, 5 or persons, whose income exceeds one hundred twenty-five percent of area 6 median income shall be ineligible to occupy any housing accommodation 7 subject to this act. 8 (1) The division of homes and community renewal and the department of 9 taxation and finance shall promulgate rules and regulations necessary to 10 implement this subdivision, provided however, such rules and regulations 11 shall include holding the owner, or such owner's agent, of the housing 12 accommodation harmless for any violation of this subdivision. 13 (2) A tenant found by a court of competent jurisdiction to have will- 14 fully violated this subdivision, including, but not limited to, by 15 providing the owner, or such owner's agent false income documentation in 16 an effort to obtain tenancy of the housing accommodation, shall be 17 subject to a civil penalty not to exceed five hundred dollars per day of 18 illegal occupancy, provided however, that a tenant who currently occu- 19 pies a housing accommodation subject to this act, and whose income 20 exceeds the threshold provided in this subdivision, shall be exempt from 21 civil penalties and shall not be evicted on the grounds of a violation 22 of this subdivision for the duration of the most recent lease agreement 23 executed prior to the effective date of this subdivision. After the 24 duration of the most recent lease agreement executed prior to the effec- 25 tive date of this subdivision has ended, continued violation of this EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14991-03-4A. 9986 2 1 subdivision by the tenant, as determined by a court of competent juris- 2 diction, shall constitute grounds for eviction. 3 (3) A tenant who lawfully occupies a housing accommodation subject to 4 this act, and whose income increased above one hundred twenty-five 5 percent of area median income, shall be exempt from civil penalties and 6 shall not be evicted on the grounds of a violation of this subdivision 7 for the duration of the most recent lease agreement executed prior to 8 the increase in income. After the duration of the most recent lease 9 agreement executed prior to the increase in income has ended, continued 10 violation of this subdivision by the tenant, as determined by a court of 11 competent jurisdiction, shall constitute grounds for eviction. 12 (4) Any person who inherits tenancy through successorship as defined 13 in section 24-04 of title twenty-eight of the rules of the city of New 14 York, must meet the income eligibility requirements as defined in this 15 subdivision, in order to occupy the housing accommodation. Notwith- 16 standing any other provisions of law, should said person be ineligible 17 as defined in this subdivision, such application for tenancy by succes- 18 sorship shall be denied. 19 § 2. Section 10 of chapter 274 of the laws of 1946, constituting the 20 emergency housing rent control law, is amended by adding a new subdivi- 21 sion 6 to read as follows: 22 6. Notwithstanding any provisions of law to the contrary, any person, 23 or persons, whose income exceeds one hundred twenty-five percent of area 24 median income shall be ineligible to occupy any housing accommodation 25 subject to this act. 26 (a) The division of homes and community renewal and the department of 27 taxation and finance shall promulgate rules and regulations necessary to 28 implement this subdivision, provided however, such rules and regulations 29 shall include holding the owner, or such owner's agent, of the housing 30 accommodation harmless for any violation of this subdivision. 31 (b) A tenant found by a court of competent jurisdiction to have will- 32 fully violated this subdivision, including but not limited to, by 33 providing the owner, or such owner's agent false income documentation in 34 an effort to obtain tenancy of the housing accommodation, shall be 35 subject to a civil penalty not to exceed five hundred dollars per day of 36 illegal occupancy, provided however, that a tenant who currently occu- 37 pies a housing accommodation subject to this act, and whose income 38 exceeds the threshold provided in this subdivision, shall be exempt from 39 civil penalties and shall not be evicted on the grounds of a violation 40 of this subdivision for the duration of the most recent lease agreement 41 executed prior to the effective date of this subdivision. After the 42 duration of the most recent lease agreement executed prior to the effec- 43 tive date of this subdivision has ended, continued violation of this 44 subdivision by the tenant, as determined by a court of competent juris- 45 diction, shall constitute grounds for eviction. 46 (c) A tenant who lawfully occupies a housing accommodation subject to 47 this act, and whose income increased above one hundred twenty-five 48 percent of area median income, shall be exempt from civil penalties and 49 shall not be evicted on the grounds of a violation of this subdivision 50 for the duration of the most recent lease agreement executed prior to 51 the increase in income. After the duration of the most recent lease 52 agreement executed prior to the increase in income has ended, continued 53 violation of this subdivision by the tenant, as determined by a court of 54 competent jurisdiction, shall constitute grounds for eviction. 55 (d) Any person who inherits tenancy through successorship as defined 56 in section 24-04 of title twenty-eight of the rules of the city of NewA. 9986 3 1 York, must meet the income eligibility requirements as defined in this 2 subdivision, in order to occupy the housing accommodation. Notwith- 3 standing any other provisions of law, should said person be ineligible 4 as defined in this subdivision, such application for tenancy by succes- 5 sorship shall be denied. 6 § 3. The administrative code of the city of New York is amended by 7 adding a new section 26-418 to read as follows: 8 § 26-418 Means testing. a. The division of homes and community 9 renewal and the department of taxation and finance shall promulgate 10 rules and regulations necessary to implement this section, provided 11 however, such rules and regulations shall include holding the owner, or 12 such owner's agent, of the housing accommodation harmless for any 13 violation of this section. 14 b. A tenant found by a court of competent jurisdiction to have will- 15 fully violated this section, including but not limited to, by providing 16 the owner, or such owner's agent false income documentation in an effort 17 to obtain tenancy of the housing accommodation, shall be subject to a 18 civil penalty not to exceed five hundred dollars per day of illegal 19 occupancy, provided however, that a tenant who currently occupies a 20 housing accommodation subject to the emergency tenant protection act of 21 nineteen seventy-four, and whose income exceeds the threshold provided 22 in this section, shall be exempt from civil penalties and shall not be 23 evicted on the grounds of a violation of this section for the duration 24 of the most recent lease agreement executed prior to the effective date 25 of this section. After the duration of the most recent lease agreement 26 executed prior to the effective date of this subdivision has ended, 27 continued violation of this section by the tenant, as determined by a 28 court of competent jurisdiction, shall constitute grounds for eviction. 29 c. A tenant who lawfully occupies a housing accommodation subject to 30 the emergency tenant protection act of nineteen seventy-four, and whose 31 income increased above one hundred twenty-five percent of area median 32 income, shall be exempt from civil penalties and shall not be evicted on 33 the grounds of a violation of this section for the duration of the most 34 recent lease agreement executed prior to the increase in income. After 35 the duration of the most recent lease agreement executed prior to the 36 increase in income has ended, continued violation of this section by the 37 tenant, as determined by a court of competent jurisdiction, shall 38 constitute grounds for eviction. 39 d. Any person who inherits tenancy through successorship as defined in 40 section 24-04 of title twenty-eight of the rules of the city of New 41 York, must meet the income eligibility requirements as defined in this 42 section, in order to occupy the housing accommodation. Notwithstanding 43 any other provisions of law, should said person be ineligible as defined 44 in this section, such application for tenancy by successorship shall be 45 denied. 46 § 4. Section 26-512 of the administrative code of the city of New York 47 is amended by adding a new subdivision h to read as follows: 48 h. Notwithstanding any provisions of law to the contrary, beginning 49 January first, two thousand twenty-seven, dwelling units subject to this 50 chapter as prescribed in section 26-504 of this chapter shall be rented 51 to persons whose adjusted gross income is less than one hundred twenty- 52 five percent of area median income. 53 (1) The division of homes and community renewal and the department of 54 taxation and finance shall promulgate rules and regulations necessary to 55 implement this subdivision, provided however, such rules and regulationsA. 9986 4 1 shall include holding the owner of the dwelling unit harmless for any 2 violation of this subdivision. 3 (2) A tenant found by a court of competent jurisdiction to have will- 4 fully violated this paragraph shall be subject to a civil penalty not to 5 exceed five hundred dollars per day of illegal occupancy, provided 6 however, that a tenant who currently occupies a dwelling unit subject to 7 the emergency tenant protection act of nineteen seventy-four, and whose 8 income exceeds the threshold provided in this paragraph, shall be exempt 9 from civil penalties and shall not be evicted on the grounds of a 10 violation of this subdivision for the duration of the most recent lease 11 agreement executed prior to the effective date of this subdivision. 12 After the duration of the most recent lease agreement executed prior to 13 the effective date of this subdivision has ended, continued violation of 14 this subdivision by the tenant, as determined by a court of competent 15 jurisdiction, shall constitute grounds for eviction. 16 (3) A tenant who lawfully occupies a dwelling unit subject to the 17 emergency tenant protection act of nineteen seventy-four, and whose 18 income increased above one hundred twenty-five percent of area median 19 income, shall be exempt from civil penalties and shall not be evicted on 20 the grounds of a violation of this subdivision for the duration of the 21 most recent lease agreement executed prior to the increase in income. 22 After the duration of the most recent lease agreement executed prior to 23 the increase in income has ended, continued violation of this subdivi- 24 sion by the tenant, as determined by a court of competent jurisdiction, 25 shall constitute grounds for eviction. 26 (4) Any person who inherits tenancy through successorship as defined 27 in section 24-04 of title twenty-eight of the rules of the city of New 28 York, must meet the income eligibility requirements as defined in this 29 subdivision, in order to occupy the dwelling unit. Notwithstanding any 30 other provisions of law, should said person be ineligible as defined in 31 this subdivision, such application for tenancy by successorship shall be 32 denied. 33 § 5. The division of homes and community renewal, in conjunction with 34 the department of taxation and finance, shall promulgate rules and regu- 35 lations necessary for the implementation of this act. 36 § 6. This act shall take effect immediately; provided that the addi- 37 tion of section 26-418 of the city rent and rehabilitation law made by 38 section three of this act shall remain in full force and effect only as 39 long as the public emergency requiring the regulation and control of 40 residential rents and evictions continues, as provided in subdivision 3 41 of section 1 of the local emergency housing rent control act; and 42 provided, further that the amendments to section 26-512 of chapter 4 of 43 title 26 of the administrative code of the city of New York made by 44 section four of this act shall expire on the same date as such law 45 expires and shall not affect the expiration of such law as provided 46 under section 26-520 of such law.
