Bill Text: NY S04937 | 2021-2022 | General Assembly | Amended

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Bill Title: Authorizes any dwelling with a certificate authorizing occupancy as a Class B hotel to also authorize occupancy of such units in such dwelling for permanent residence purposes.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2022-06-07 - SIGNED CHAP.214 [S04937 Detail]

Download: New_York-2021-S04937-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4937--C
            Cal. No. 1007

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 18, 2021
                                       ___________

        Introduced  by Sens. KAVANAGH, CLEARE -- read twice and ordered printed,
          and when  printed  to  be  committed  to  the  Committee  on  Housing,
          Construction and Community Development -- recommitted to the Committee
          on  Housing, Construction and Community Development in accordance with
          Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
          reprinted  as  amended  and recommitted to said committee -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee  --  reported  favorably  from  said  committee  and
          committed  to the Committee on Finance -- reported favorably from said
          committee, ordered to first and second  report,  ordered  to  a  third
          reading,  amended  and  ordered  reprinted, retaining its place in the
          order of third reading

        AN ACT to amend the multiple dwelling law, in  relation  to  authorizing
          any  dwelling  with  a  certificate authorizing occupancy as a Class B
          hotel to also authorize occupancy of such units in such  dwelling  for
          permanent residence purposes

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

     1    Section 1. Section 301 of the multiple  dwelling  law  is  amended  by
     2  adding a new subdivision 7 to read as follows:
     3    7.  a.  Any  certificate  by the department authorizing occupancy of a
     4  dwelling as a Class B hotel shall also authorize occupancy of  units  in
     5  such  dwelling  for  permanent  residence  purposes  notwithstanding any
     6  provision of this chapter or of any state  law,  local  law,  ordinance,
     7  resolution  or  regulation that would otherwise prohibit such occupancy,
     8  require a change or alteration to the dwelling,  or  require  a  new  or
     9  amended  certificate,  provided  that:  (1) such occupancy for permanent
    10  residence purposes shall be subject to the approval of the local housing
    11  agency in its discretion; (2)  a  portion  of  such  dwelling  shall  be
    12  located  within  a  district  that under the local zoning regulations or
    13  ordinances permits residential uses or within four hundred feet of  such

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09856-10-2
        S. 4937--C                          2

     1  a  district,  and  such  dwelling  shall not be located in an industrial
     2  business zone established pursuant to chapter six-D of title  twenty-two
     3  of the administrative code of the city of New York; (3) in the case of a
     4  property  at  which  any  hotel  workers are represented by a collective
     5  bargaining representative, prior to  the  proposed  conversion  of  such
     6  property  to  occupancy for permanent residence purposes, the collective
     7  bargaining representative shall be notified in writing of  the  proposed
     8  conversion,  and  the  property  owner  shall certify prior to the local
     9  housing agency approving such occupancy that the  collective  bargaining
    10  representative  has mutually agreed in a separate writing with the prop-
    11  erty owner to undertake the specific conversion described in the written
    12  notice; and (4) such dwelling shall meet the conditions in  paragraph  b
    13  of  this subdivision. Alterations to the configuration of any such units
    14  shall be permitted and shall comply with any applicable requirements  of
    15  any  state  law, local law, ordinance, resolution or regulation relating
    16  to Class B hotels. If occupancy  for  permanent  residence  purposes  is
    17  authorized  under  the  provisions of this subdivision within a district
    18  where the local zoning regulations or  ordinances  would  not  otherwise
    19  permit  such  use,  the  residential  tenants  shall  be notified of the
    20  district's zoning.
    21    b. Occupancy of units in a dwelling shall not be authorized under  the
    22  provisions  of paragraph a of this subdivision unless such units are (1)
    23  financed by the state pursuant to and in compliance with the  provisions
    24  of  article  thirty-one  of  the  private  housing  finance  law; or (2)
    25  purchased, acquired, or financed by a  local  housing  agency,  for  the
    26  purpose  of creating supportive and/or affordable housing to be operated
    27  by an appropriate nonprofit organization pursuant to a regulatory agree-
    28  ment or contract with such local agency  for  low-income  households  or
    29  people  experiencing  homelessness  immediately  prior  to entering such
    30  housing, where tenants shall earn no more than sixty percent of the area
    31  median income and all units are rent stabilized and subject to permanent
    32  affordability restrictions. For purposes of this paragraph, "appropriate
    33  nonprofit organization", "affordable housing",  "experiencing  homeless-
    34  ness",  "rent  stabilized",  and  "permanent affordability restrictions"
    35  shall have the same meaning as defined  in  article  thirty-one  of  the
    36  private housing finance law.
    37    § 2. This act shall take effect immediately.