Bill Text: NY S06653 | 2017-2018 | General Assembly | Amended
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: Slight Partisan Bill (Democrat 4-2)
Status: (Introduced - Dead) 2018-02-08 - PRINT NUMBER 6653A [S06653 Detail]
Download: New_York-2017-S06653-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6653--A 2017-2018 Regular Sessions IN SENATE June 9, 2017 ___________ Introduced by Sens. GOLDEN, BONACIC, HAMILTON -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- 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 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 11 as amended 4 by chapter 422 of the laws of 2010, are amended to read as follows: 5 (10) housing accommodations in buildings operated exclusively for 6 charitable purposes on a non-profit basis except for permanent or tempo- 7 rary housing accommodations provided, as of and after the effective date 8 of the chapter of the laws of two thousand eighteen that amended this 9 paragraph, to individuals who are or were homeless or at risk of home- 10 lessness; provided, however, that terms of leases in existence as of the 11 effective date of the chapter of the laws of two thousand eighteen that 12 amended this paragraph, shall not be affected, and further provided that 13 upon the vacancy of such housing accommodations, the legal regulated 14 rent for such housing accommodations shall be the legal regulated rent 15 paid for such housing accommodation by the prior tenant, subject only to 16 any adjustment adopted by the applicable rent guidelines board; 17 (11) housing accommodations which are not occupied by the tenant, not 18 including subtenants or occupants, as his or her primary residence, as 19 determined by a court of competent jurisdiction. For the purposes of 20 determining primary residency, a tenant who is a victim of domestic EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11884-06-8S. 6653--A 2 1 violence, as defined in section four hundred fifty-nine-a of the social 2 services law, who has left the unit because of such violence, and who 3 asserts an intent to return to the housing accommodation shall be deemed 4 to be occupying the unit as his or her primary residence. For the 5 purposes of this paragraph, where a housing accommodation is rented to a 6 not-for-profit hospital for residential use, affiliated subtenants 7 authorized to use such accommodations by such hospital shall be deemed 8 to be tenants. For the purposes of this paragraph, where a housing 9 accommodation is rented to a not-for-profit for providing, as of and 10 after the effective date of the chapter of the laws of two thousand 11 eighteen that amended this paragraph, permanent or temporary housing to 12 individuals who are or were homeless or at risk of homelessness, affil- 13 iated subtenants authorized to use such accommodations by such not-for- 14 profit shall be deemed to be tenants. No action or proceeding shall be 15 commenced seeking to recover possession on the ground that a housing 16 accommodation is not occupied by the tenant as his or her primary resi- 17 dence unless the owner or lessor shall have given thirty days notice to 18 the tenant of his or her intention to commence such action or proceeding 19 on such grounds. 20 § 2. This act shall take effect immediately; provided, however, that 21 the amendments to paragraphs 10 and 11 of subdivision a of section 5 of 22 the emergency tenant protection act of nineteen seventy-four made by 23 section one of this act shall expire on the same date as such act 24 expires and shall not affect the expiration of such act as provided in 25 section 17 of chapter 576 of the laws of 1974, as amended.
