Bill Text: NY S03193 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to renewal of a lease under the stabilization code promulgated by the real estate industry stabilization association; defines demolish.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S03193 Detail]

Download: New_York-2017-S03193-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3193
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 20, 2017
                                       ___________
        Introduced  by  Sens. KRUEGER, AVELLA, MONTGOMERY, PERKINS -- 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,  in
          relation to renewal of a lease under the stabilization code
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subparagraph (a) of paragraph 9 of subdivision c of section
     2  26-511 of the administrative code of the city of New York is amended  to
     3  read as follows:
     4    (a)  (1)  where [he or she] the owner has established to the satisfac-
     5  tion of the division of housing and community renewal, after  a  hearing
     6  at  which  all parties may present evidence that the subject building is
     7  in a substandard or seriously deteriorated condition, and that the owner
     8  intends in good faith to demolish  the  building  and  [has  obtained  a
     9  permit therefor from the department of buildings] submits proof prior to
    10  filing  the  application  with  the  division  of  housing and community
    11  renewal that plans and if  possible,  the  necessary  permits,  for  the
    12  undertaking  have  been  approved by and obtained from the department of
    13  buildings.  Such application shall be filed at least ninety  days  prior
    14  to  the  expiration  of the lease term; for the purpose of this subpara-
    15  graph, "demolish" means the complete  razing  of  the  entire  building,
    16  including  all exterior walls, in order to construct a new building with
    17  the same or greater number of rental housing units;
    18    (2) The  order  granting  the  owner's  demolition  application  shall
    19  provide  that  the owner must, at the tenant's option, either: (i) relo-
    20  cate the tenant to an equivalent or  superior  rent  stabilized  housing
    21  accommodation  in  a  closely  proximate  area,  or if a new residential
    22  building is being constructed on the site provide the tenant with  suit-
    23  able  interim housing at no additional cost until a unit is available in
    24  the new building; provide that the amount of rent charged for  the  unit
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08764-01-7
        S. 3193                             2
     1  shall  be  at  the  same  or lower legal regulated rent; and provide the
     2  tenant, in addition to reasonable moving expenses,  payment  of  a  five
     3  thousand  dollar  stipend,  provided the tenant vacates on or before the
     4  vacate  date  required by the final order; or (ii) provide relocation of
     5  the tenant to a suitable housing accommodation at a rent  in  excess  of
     6  that for the subject housing accommodation; provide the tenant, in addi-
     7  tion to reasonable moving expenses, a stipend equal to the difference of
     8  the rent charged at the housing accommodation being vacated and the rent
     9  charged for the housing accommodation to which the tenant is relocating,
    10  multiplied  by  seventy-two  months,  provided  the tenant vacates on or
    11  before the vacate date required by the final order;  or  (iii)  pay  the
    12  tenant  a  stipend  which  shall  be the difference between the tenant's
    13  current rent and an amount to be calculated using the demolition stipend
    14  chart, created by the division of housing and community renewal,  multi-
    15  plied by seventy-two months; or
    16    §  2.  This  act  shall take effect immediately and shall apply to any
    17  tenant in possession on or after such effective date and to  any  action
    18  or proceeding pending in any court and to any application, complaint, or
    19  proceeding  pending  before  an  administrative agency on such effective
    20  date, as well as to  any  action  or  proceeding  commenced  thereafter;
    21  provided, however that the amendments to subparagraph (a) of paragraph 9
    22  of  subdivision  c  of  section  26-511  of chapter 4 of title 26 of the
    23  administrative code of the city of New York made by section one of  this
    24  act  shall  expire  on  the  same date as such law expires and shall not
    25  affect the expiration of such law as provided under  section  26-520  of
    26  such law.