Bill Text: NY S02494 | 2009-2010 | 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.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2010-01-06 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S02494 Detail]
Download: New_York-2009-S02494-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2494
2009-2010 Regular Sessions
I N S E N A T E
February 20, 2009
___________
Introduced by Sen. KLEIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Housing, Construction and
Community Development
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 is amended to read as follows:
3 a. Class A multiple dwellings not owned as a cooperative or as a
4 condominium, except as provided in section three hundred fifty-two-eeee
5 of the general business law, containing six or more dwelling units
6 which: (1) were completed after February first, nineteen hundred
7 forty-seven, except dwelling units (a) owned or leased by, or financed
8 by loans from, a public agency or public benefit corporation, (b)
9 subject to rent regulation under the private housing finance law or any
10 other state law, (c) aided by government insurance under any provision
11 of the national housing act, to the extent this chapter or any regu-
12 lation or order issued thereunder is inconsistent therewith, or (d)
13 located in a building for which a certificate of occupancy is obtained
14 after March tenth, nineteen hundred sixty-nine[;], or (e) any class A
15 multiple dwelling which on June first, nineteen hundred sixty-eight was
16 and still is commonly regarded as a hotel, transient hotel or residen-
17 tial hotel, and which customarily provides hotel service such as maid
18 service, furnishing and laundering of linen, telephone and bell boy
19 service, secretarial or desk service and use and upkeep of furniture and
20 fixtures, or (f) not occupied by the tenant, not including subtenants or
21 occupants, as his primary residence, as determined by a court of compe-
22 tent jurisdiction, provided, however that no action or proceeding shall
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05311-01-9
S. 2494 2
1 be commenced seeking to recover possession on the ground that a housing
2 accommodation is not occupied by the tenant as his or her primary resi-
3 dence unless the owner or lessor shall have given thirty days notice to
4 the tenant of his or her intention to commence such action or proceeding
5 on such grounds. For the purposes of this subparagraph where a housing
6 accommodation is rented to a not-for-profit hospital for residential
7 use, affiliated subtenants authorized to use such accommodations by such
8 hospital shall be deemed to be tenants, or (g) became vacant on or after
9 June thirtieth, nineteen hundred seventy-one, or become vacant, provided
10 however, that this exemption shall not apply or become effective with
11 respect to housing accommodations which the commissioner determines or
12 finds became vacant because the landlord or any person acting on his or
13 her behalf, with intent to cause the tenant to vacate, engaged in any
14 course of conduct (including but not limited to, interruption or discon-
15 tinuance of essential services) which interfered with or disturbed or
16 was intended to interfere with or disturb the comfort, repose, peace or
17 quiet of the tenant in his or her use or occupancy of the housing accom-
18 modations and provided further that any housing accommodations exempted
19 by this paragraph shall be subject to this law to the extent provided in
20 subdivision b of this section; or (2) were decontrolled by the city rent
21 agency pursuant to section 26-414 of this title; or (3) are exempt from
22 control by virtue of item one, two, six or seven of subparagraph (i) of
23 paragraph two of subdivision e of section 26-403 of this title; OR (4)
24 WERE COVERED BY A PROJECT BASED ASSISTANCE CONTRACT PURSUANT TO SECTION
25 EIGHT OF THE UNITED STATES HOUSING ACT OF 1937 WHICH CONTRACT IS NO
26 LONGER IN EFFECT, NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (D) OR
27 (G) OF PARAGRAPH ONE OF THIS SUBDIVISION OR PARAGRAPH FIVE OF SUBDIVI-
28 SION A OF SECTION FIVE OF THE EMERGENCY TENANT PROTECTION ACT OF NINE-
29 TEEN SEVENTY-FOUR PROVIDED HOWEVER, THAT ANY DWELLING UNIT WHICH BECOMES
30 SUBJECT TO THIS LAW PURSUANT TO THIS PARAGRAPH SHALL NOT BE SUBJECT TO
31 THE PROVISIONS OF SUBDIVISION A OF SECTION 26-513 OF THIS CHAPTER; and
32 S 2. Section 5 of section 4 of chapter 576 of the laws of 1974 consti-
33 tuting the emergency tenant protection act of nineteen seventy-four is
34 amended by adding a new subdivision c to read as follows:
35 C. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH FIVE OF SUBDIVISION A
36 OF THIS SECTION BUT SUBJECT TO ANY OTHER APPLICABLE EXCEPTIONS IN SUCH
37 SUBDIVISION, NOTHING SHALL PREVENT THE DECLARATION OF AN EMERGENCY
38 PURSUANT TO SECTION THREE OF SECTION FOUR OF THIS ACT FOR RENTAL HOUSING
39 ACCOMMODATIONS LOCATED IN A BUILDING WHICH WAS COVERED BY A PROJECT
40 BASED ASSISTANCE CONTRACT PURSUANT TO SECTION EIGHT OF THE UNITED STATES
41 HOUSING ACT OF 1937 WHICH CONTRACT IS NO LONGER IN EFFECT PROVIDED
42 HOWEVER, THAT ANY HOUSING ACCOMMODATION WHICH BECOMES SUBJECT TO THIS
43 ACT PURSUANT TO THIS SUBDIVISION SHALL NOT BE SUBJECT TO THE PROVISIONS
44 OF SUBDIVISION A OF SECTION NINE OF SECTION FOUR OF THIS ACT.
45 S 3. This act shall take effect immediately and shall apply to all
46 buildings which are covered by a project based assistance contract
47 pursuant to section eight of the United States housing act of 1937 which
48 contract ceased to be effective on or after such date; provided, howev-
49 er, that the amendment to subdivision a of section 26-504 of the admin-
50 istrative code of the city of New York made by section one of this act
51 shall not affect the expiration of such section pursuant to section
52 26-520 of such code and shall expire therewith; and provided, further,
53 that the amendment to section 5 of the emergency tenant protection act
54 of nineteen seventy-four made by section two of this act shall not
55 affect the expiration of such act as provided in section 17 of chapter
56 576 of the laws of 1974, as amended and shall expire therewith.
