Bill Text: NY S03388 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to rent regulated and rent stabilized housing accommodations by tenants over sixty-two years of age or a tenant with a disability.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced) 2024-01-03 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S03388 Detail]
Download: New_York-2023-S03388-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3388 2023-2024 Regular Sessions IN SENATE January 31, 2023 ___________ Introduced by Sens. KRUEGER, HOYLMAN-SIGAL, LIU, RAMOS, RIVERA, SERRANO -- 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 and the administrative code of the city of New York, in relation to certain housing accommodations by tenants over sixty-two years of age or tenants with a disability The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph 6 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 17 of 4 part Q of chapter 39 of the laws of 2019, is amended to read as follows: 5 (6) housing accommodations owned or operated by a hospital, convent, 6 monastery, asylum, public institution, or college or school dormitory or 7 any institution operated exclusively for charitable or educational 8 purposes on a non-profit basis other than (i) those accommodations occu- 9 pied by a tenant on the date such housing accommodation is acquired by 10 any such institution, or which are occupied subsequently by a tenant who 11 is not affiliated with such institution at the time of his initial occu- 12 pancy or (ii) permanent housing accommodations with government 13 contracted services, as of and after June fourteenth, two thousand nine- 14 teen, to vulnerable individuals or individuals with disabilities who are 15 or were homeless or at risk of homelessness, or (iii) housing accommo- 16 dations occupied by a non-affiliated tenant who is sixty-two years of 17 age or older or by a non-affiliated tenant who suffers from a disability 18 as defined in subdivision twenty-one of section two hundred ninety-two 19 of the executive law; provided, however, that the terms of leases in 20 existence as of June fourteenth, two thousand nineteen, shall only be 21 affected upon lease renewal, and further provided that upon the vacancy 22 of such housing accommodations, the legal regulated rent for such hous- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05496-01-3S. 3388 2 1 ing accommodations shall be the legal regulated rent paid for such hous- 2 ing accommodations by the prior tenant, subject only to any adjustment 3 adopted by the applicable rent guidelines board; 4 § 2. Paragraph 10 of subdivision a of section 5 of section 4 of chap- 5 ter 576 of the laws of 1974, constituting the emergency tenant 6 protection act of nineteen seventy-four, as amended by section 17 of 7 part Q of chapter 39 of the laws of 2019, is amended to read as follows: 8 (10) housing accommodations in buildings operated exclusively for 9 charitable purposes on a non-profit basis except for permanent housing 10 accommodations with government contracted services, as of and after the 11 effective date of [the] section seventeen of part Q of chapter thirty- 12 nine of the laws of two thousand nineteen [that amended this paragraph], 13 to vulnerable individuals or individuals with disabilities who are or 14 were homeless or at risk of homelessness, or housing accommodations 15 occupied by a tenant who is sixty-two years of age or older or by a 16 non-affiliated tenant who suffers from a disability as defined in subdi- 17 vision twenty-one of section two hundred ninety-two of the executive 18 law, and; provided, however, that the terms of leases in existence as of 19 the effective date of the chapter of the laws of two thousand nineteen 20 that amended this paragraph, shall only be affected upon lease renewal, 21 and further provided that upon the vacancy of such housing accommo- 22 dations, the legal regulated rent for such housing accommodations shall 23 be the legal regulated rent paid for such housing accommodations by the 24 prior tenant, subject only to any adjustment adopted by the applicable 25 rent guidelines board; 26 § 3. Subparagraph (b) of paragraph 2 of subdivision e of section 27 26-403 of the administrative code of the city of New York is amended to 28 read as follows: 29 (b) a hospital, convent, monastery, asylum, public institution, or 30 college or school dormitory or any institution operated exclusively for 31 charitable or educational purposes on a non-profit basis, unless such 32 housing accommodations are occupied by a non-affiliated tenant who is 33 sixty-two years of age or older or by a non-affiliated tenant who 34 suffers from a disability as defined in subdivision twenty-one of 35 section two hundred ninety-two of the executive law; or 36 § 4. Subparagraph (g) of paragraph 2 of subdivision e of section 37 26-403 of the administrative code of the city of New York is amended to 38 read as follows: 39 (g) Housing accommodations in buildings operated exclusively for char- 40 itable purposes on a non-profit basis, unless such housing accommo- 41 dations are occupied by a tenant who is sixty-two years of age or older 42 or a tenant who suffers from a disability as defined in subdivision 43 twenty-one of section two hundred ninety-two of the executive law; or 44 § 5. The opening paragraph of subparagraph c of paragraph 9 of subdi- 45 vision c of section 26-511 of the administrative code of the city of New 46 York is amended to read as follows: 47 where the housing accommodation is owned by a hospital, convent, 48 monastery, asylum, public institution, college, school dormitory or any 49 institution operated exclusively for charitable or educational purposes 50 on a non-profit basis, unless such housing accommodation is occupied by 51 a tenant who is sixty-two years of age or older or a tenant who suffers 52 from a disability as defined in subdivision twenty-one of section two 53 hundred ninety-two of the executive law, and either: 54 § 6. Severability. If any provision of this act, or any application of 55 any provision of this act, is held to be invalid, that shall not affect 56 the validity or effectiveness of any other provision of this act, anyS. 3388 3 1 other application of any provision of this act, or any other provision 2 of any law or code amended by this act. 3 § 7. This act shall take effect on the sixtieth day after it shall 4 have become a law; provided that: 5 (a) the amendments to section 26-403 of the city rent and rehabili- 6 tation law made by sections three and four of this act shall remain in 7 full force and effect only as long as the public emergency requiring the 8 regulation and control of residential rents and evictions continues, as 9 provided in subdivision 3 of section 1 of the local emergency housing 10 rent control act; and 11 (b) the amendments to subparagraph c of paragraph 9 of subdivision c 12 of section 26-511 of chapter 4 of title 26 of the administrative code of 13 the city of New York made by section five of this act shall expire on 14 the same date as such law expires and shall not affect the expiration of 15 such law as provided under section 26-520 of such law.
