Bill Text: NY S02843 | 2021-2022 | General Assembly | Introduced

New York Senate Bill 2843 (Prior Session Legislation)

Introduced

Bill Title: Relates to not-for-profits' use of certain residential dwellings for individuals who are or were homeless or at risk of homelessness.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2021-04-19 - RECOMMIT, ENACTING CLAUSE STRICKEN [S02843 Detail]

Download: New_York-2021-S02843-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          2843

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 26, 2021
                                       ___________

        Introduced  by Sens. KAVANAGH, KRUEGER, SALAZAR, SEPULVEDA -- 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 emergency tenant protection act of  nineteen  seven-
          ty-four,  in  relation  to not-for-profits' use of certain residential
          dwellings

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

     1    Section  1.  Paragraphs  10  and  11  of subdivision a of section 5 of
     2  section 4 of chapter 576 of the laws of 1974, constituting the emergency
     3  tenant protection act of nineteen seventy-four, paragraph 10 as  amended
     4  by  section 17 of part Q of chapter 39 of the laws of 2019 and paragraph
     5  11 as amended by section 1 of part J of chapter 36 of the laws of  2019,
     6  are amended to read as follows:
     7    (10)  housing  accommodations  in  buildings  operated exclusively for
     8  charitable purposes on a non-profit basis except for permanent or tempo-
     9  rary housing accommodations with government contracted services,  as  of
    10  and  after the effective date of the chapter of the laws of two thousand
    11  nineteen that amended this paragraph, to  [vulnerable]  individuals  [or
    12  individuals  with  disabilities]  who are or were homeless or at risk of
    13  homelessness; provided, however, that the terms of leases  in  existence
    14  as  of  the  effective  date  of the chapter of the laws of two thousand
    15  nineteen that amended this paragraph, shall only be affected upon  lease
    16  renewal,  and  further  provided  that  upon the vacancy of such housing
    17  accommodations, the legal regulated rent for such housing accommodations
    18  shall be the legal regulated rent paid for such  housing  accommodations
    19  by  the  prior  tenant,  subject  only  to any adjustment adopted by the
    20  applicable rent guidelines board;
    21    (11) housing accommodations which are not occupied by the tenant,  not
    22  including  subtenants  or occupants, as his or her primary residence, as
    23  determined by a court of competent jurisdiction.  For  the  purposes  of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06506-01-1

        S. 2843                             2

     1  determining  primary  residency,  a  tenant  who is a victim of domestic
     2  violence, as defined in section four hundred fifty-nine-a of the  social
     3  services  law,  who  has left the unit because of such violence, and who
     4  asserts an intent to return to the housing accommodation shall be deemed
     5  to  be  occupying  the  unit  as  his  or her primary residence. For the
     6  purposes of this paragraph, where a housing accommodation is rented to a
     7  not-for-profit  hospital  for  residential  use,  affiliated  subtenants
     8  authorized  to  use such accommodations by such hospital shall be deemed
     9  to be tenants.   For the purposes of this  paragraph,  where  a  housing
    10  accommodation  is  rented  to  a not-for-profit for providing, as of and
    11  after the effective date of the chapter of  the  laws  of  two  thousand
    12  nineteen  that amended this paragraph, permanent or temporary housing to
    13  individuals who are or were homeless or at risk of homelessness,  affil-
    14  iated  subtenants authorized to use such accommodations by such not-for-
    15  profit shall be deemed to be tenants. No action or proceeding  shall  be
    16  commenced  seeking  to  recover  possession on the ground that a housing
    17  accommodation is not occupied by the tenant as his or her primary  resi-
    18  dence  unless the owner or lessor shall have given thirty days notice to
    19  the tenant of his or her intention to commence such action or proceeding
    20  on such grounds.
    21    § 2. This act shall take effect immediately.