Bill Text: NY A10623 | 2021-2022 | General Assembly | Introduced

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Bill Title: Requires rent stabilized housing accommodations lost or destroyed due to fire, natural disaster, act of God, act of war or eminent domain, to be replaced in any succeeding construction on the same parcel.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-07-06 - referred to housing [A10623 Detail]

Download: New_York-2021-A10623-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10623

                   IN ASSEMBLY

                                      July 6, 2022
                                       ___________

        Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. L. Rosen-
          thal) -- read once and referred to the Committee on Housing

        AN ACT to amend the administrative code of the city  of  New  York,  the
          emergency tenant protection act of nineteen seventy-four and the emer-
          gency  housing rent control law, in relation to requiring the replace-
          ment of certain rent stabilized housing accommodations

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

     1    Section  1. Section 4 of chapter 274 of the laws of 1946, constituting
     2  the emergency housing rent control law,  is  amended  by  adding  a  new
     3  subdivision 2-c to read as follows:
     4    2-c.  Notwithstanding  any  provision  of law to the contrary, where a
     5  housing accommodation subject to the provisions of this act is  lost  or
     6  destroyed  due  to  fire,  natural  disaster,  act of God, act of war or
     7  eminent domain, such housing accommodation  shall  be  replaced  in  any
     8  succeeding  construction  on  the  same parcel. Such replacement housing
     9  accommodation shall be substantially similar to the lost housing  accom-
    10  modation and shall be subject to the provisions of this act with a maxi-
    11  mum  rent that is equal to the maximum rent of the lost housing accommo-
    12  dation.
    13    § 2. Section 5 of section 4 of  chapter  576  of  the  laws  of  1974,
    14  constituting  the  emergency  tenant protection act of nineteen seventy-
    15  four, is amended by adding a new subdivision g to read as follows:
    16    g. Notwithstanding any provision of law to the contrary, where a hous-
    17  ing accommodation subject to the provisions  of  this  act  is  lost  or
    18  destroyed  due  to  fire,  natural  disaster,  act of God, act of war or
    19  eminent domain, such housing accommodation  shall  be  replaced  in  any
    20  succeeding  construction  on  the  same parcel. Such replacement housing
    21  accommodation shall be substantially similar to the lost housing  accom-
    22  modation  and  shall  be  subject  to the provisions of this act with an
    23  initial maximum rent that is equal to the maximum rent of the lost hous-
    24  ing accommodation.
    25    § 3. The administrative code of the city of New  York  is  amended  by
    26  adding a new section 26-417 to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14571-01-2
        A. 10623                            2

     1    § 26-417 Replacement of certain housing accommodations.  Notwithstand-
     2  ing  any provision of law to the contrary, where a housing accommodation
     3  subject to the provisions of this chapter is lost or  destroyed  due  to
     4  fire,  natural  disaster, act of God, act of war or eminent domain, such
     5  housing  accommodation  shall be replaced in any succeeding construction
     6  on the same parcel. Such  replacement  housing  accommodation  shall  be
     7  substantially  similar  to  the  lost housing accommodation and shall be
     8  subject to the provisions of this chapter with an initial  maximum  rent
     9  that is equal to the maximum rent of the lost housing accommodation.
    10    §  4.  The  administrative  code of the city of New York is amended by
    11  adding a new section 26-512.1 to read as follows:
    12    § 26-512.1 Replacement of certain housing  accommodations.    Notwith-
    13  standing  any provision of law to the contrary, where a housing accommo-
    14  dation subject to the provisions of this chapter is lost  due  to  fire,
    15  natural disaster, act of God, act of war or eminent domain, such housing
    16  accommodation  shall  be  replaced in any succeeding construction on the
    17  same parcel. Such replacement housing accommodation  shall  be  substan-
    18  tially similar to the lost housing accommodation and shall be subject to
    19  the  provisions of this chapter with a maximum rent that is equal to the
    20  maximum rent of the lost housing accommodation.
    21    § 5. This act shall take effect on the ninetieth day  after  it  shall
    22  have  become  a  law;  provided that the amendments to the city rent and
    23  rehabilitation law made by section three of this  act  shall  remain  in
    24  full force and effect only as long as the public emergency requiring the
    25  regulation  and control of residential rents and evictions continues, as
    26  provided in subdivision 3 of section 1 of the  local  emergency  housing
    27  rent control act; and provided further, that the amendments to chapter 4
    28  of  title  26 of the administrative code of the city of New York made by
    29  section four of this act shall expire on  the  same  date  as  such  law
    30  expires  and  shall  not  affect  the expiration of such law as provided
    31  under section 26-520 of such law.