Bill Text: NY A10028 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides that a tenant who has left a residential dwelling unit between the dates of March 12, 2020 and January 1, 2022 due to the health impacts of COVID-19 in the city of New York, who is a senior citizen or disabled person, and who asserts an intent to return to the housing accommodation shall be deemed to be occupying the unit as such tenant's residence.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-01 - referred to housing [A10028 Detail]

Download: New_York-2023-A10028-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10028

                   IN ASSEMBLY

                                       May 1, 2024
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL -- 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 the use of certain residential dwellings by
          tenants who left the dwelling temporarily due to the health impacts of
          COVID-19

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

     1    Section  1. Paragraph 11 of subdivision a of section 5 of section 4 of
     2  chapter 576 of the laws  of  1974,  constituting  the  emergency  tenant
     3  protection act of nineteen seventy-four, as amended by section 1 of part
     4  J of chapter 36 of the laws of 2019, is amended to read as follows:
     5    (11)  housing accommodations which are not occupied by the tenant, not
     6  including subtenants or occupants, as [his or her] such tenant's primary
     7  residence, as determined by a court of competent jurisdiction.  For  the
     8  purposes  of  determining primary residency, a tenant who is a victim of
     9  domestic violence, as defined in section four  hundred  fifty-nine-a  of
    10  the social services law, who has left the unit because of such violence,
    11  and  who  asserts an intent to return to the housing accommodation shall
    12  be deemed to be occupying the unit as [his or her] such tenant's primary
    13  residence. For the purposes of determining primary residency,  a  tenant
    14  who has left the unit between the dates of March 12, 2020 and January 1,
    15  2022  due  to the health impacts of COVID-19 in the city of New York and
    16  is a senior citizen or is a  disabled  person  as  defined  in  9  NYCRR
    17  2520.6, and who asserts an intent to return to the housing accommodation
    18  shall  be deemed to be occupying the unit as such tenant's primary resi-
    19  dence. For the purposes of this paragraph, where a housing accommodation
    20  is rented to a not-for-profit hospital for residential  use,  affiliated
    21  subtenants  authorized to use such accommodations by such hospital shall
    22  be deemed to be tenants.  For the purposes of this  paragraph,  where  a
    23  housing accommodation is rented to a not-for-profit for providing, as of
    24  and  after the effective date of the chapter of the laws of two thousand
    25  nineteen that amended this paragraph, permanent housing  to  individuals
    26  who  are or were homeless or at risk of homelessness, affiliated subten-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15016-01-4
        A. 10028                            2

     1  ants authorized to use such accommodations by such not-for-profit  shall
     2  be  deemed  to  be  tenants.  No action or proceeding shall be commenced
     3  seeking to recover possession on the ground that a housing accommodation
     4  is  not  occupied  by  the  tenant as [his or her] such tenant's primary
     5  residence unless the owner or lessor shall have given thirty days notice
     6  to the tenant of [his or her] such  owner's  or  lessor's  intention  to
     7  commence such action or proceeding on such grounds.
     8    § 2. This act shall take effect immediately.