Bill Text: NY S08310 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Suspends evictions of rent regulated tenants when a tenant is forced to spend time away from their residence due to COVID-19 and cannot meet occupancy requirements of one hundred eighty-three days or more.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2020-05-18 - PRINT NUMBER 8310A [S08310 Detail]

Download: New_York-2019-S08310-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8310

                    IN SENATE

                                      May 11, 2020
                                       ___________

        Introduced  by  Sen. HOYLMAN -- 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 public housing law, chapter 274 of the laws of 1946,
          constituting the emergency housing rent control law, chapter 21 of the
          laws  of  1962,  constituting the local emergency housing rent control
          act, chapter 576 of the  laws  of  1974,  constituting  the  emergency
          tenant protection act, and the administrative code of  the city of New
          York,  in  relation  to temporary relocation due to the COVID-19 state
          disaster emergency

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

     1    Section  1.  Clauses (v) and (vi) of paragraph (a) of subdivision 4 of
     2  section 14 of the public housing law, as added by  chapter  116  of  the
     3  laws of 1997, are amended to read as follows:
     4    (v) is hospitalized for medical treatment; [or]
     5    (vi)  is  not  in residence at the housing accommodation between March
     6  seventh, two thousand twenty and the date of the expiration of the state
     7  disaster emergency, as such term is defined in  section  twenty  of  the
     8  executive  law,  declared pursuant to executive order two hundred two of
     9  two thousand twenty, as amended; or
    10    (vii) has such other reasonable grounds that shall  be  determined  by
    11  the commissioner upon application by such person.
    12    § 2. Paragraph (l) of subdivision 2 of section 2 of chapter 274 of the
    13  laws  of  1946,  constituting the emergency housing rent control law, as
    14  amended by chapter 422 of the laws  of  2010,  is  amended  to  read  as
    15  follows:
    16    (l)  housing  accommodations  which  are not occupied by the tenant in
    17  possession as his or her primary residence provided, however,  that  any
    18  such  housing accommodation shall continue to be subject to rent control
    19  as provided herein unless the commission issues an  order  decontrolling
    20  such accommodation which the commission shall do upon application by the
    21  landlord,  whenever  it  is  established  by any facts and circumstances
    22  which, in the judgment of the commission, may have a  bearing  upon  the
    23  question  of  residence,  that  the  tenant maintains his or her primary
    24  residence at some place other than at such housing accommodation.    For
    25  the purposes of determining primary residency, the following individuals

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16337-01-0
        S. 8310                             2

     1  shall be deemed to be occupying the unit as their primary residence: (i)
     2  a  tenant  who  is  a victim of domestic violence, as defined in section
     3  four hundred fifty-nine-a of the social services law, who has  left  the
     4  unit  because  of  such violence, and who asserts an intent to return to
     5  the housing accommodation [shall be deemed to be occupying the  unit  as
     6  his  or  her primary residence]; and (ii) a tenant who temporarily relo-
     7  cates from the unit between March seventh, two thousand twenty  and  the
     8  date  of the expiration of the state disaster emergency, as such term is
     9  defined in section twenty of the executive  law,  declared  pursuant  to
    10  executive  order two hundred two of two thousand twenty, as amended, and
    11  who asserts an intent to return to the housing accommodation.
    12    § 3. The closing paragraph of subdivision 5 of section 1 of chapter 21
    13  of the laws of 1962,  constituting  the  local  emergency  housing  rent
    14  control  act,  as amended by chapter 422 of the laws of 2010, is amended
    15  to read as follows:
    16    Notwithstanding the foregoing, no local law or ordinance shall subject
    17  to such regulation and control any housing accommodation  which  is  not
    18  occupied  by  the  tenant in possession as his or her primary residence;
    19  provided, however, that such housing accommodation not occupied  by  the
    20  tenant  in  possession as his or her primary residence shall continue to
    21  be subject to regulation and control as provided for herein  unless  the
    22  city  housing  rent  agency  issues an order decontrolling such accommo-
    23  dation, which the agency shall do upon application by the landlord when-
    24  ever it is established by any facts  and  circumstances  which,  in  the
    25  judgment  of  the  agency, may have a bearing upon the question of resi-
    26  dence, that the tenant maintains his or her primary  residence  at  some
    27  place  other  than  at such housing accommodation.   For the purposes of
    28  determining primary residency, the following individuals shall be deemed
    29  to be occupying the unit as their primary residence: (a) a tenant who is
    30  a victim of domestic  violence,  as  defined  in  section  four  hundred
    31  fifty-nine-a  of  the social services law, who has left the unit because
    32  of such violence, and who asserts an intent to  return  to  the  housing
    33  accommodation  [shall  be  deemed to be occupying the unit as his or her
    34  primary residence]; and (b) a tenant who temporarily relocates from  the
    35  unit  between  March  seventh,  two  thousand twenty and the date of the
    36  expiration of the state disaster emergency, as such term is  defined  in
    37  section  twenty  of  the  executive  law, declared pursuant to executive
    38  order two hundred two of  two  thousand  twenty,  as  amended,  and  who
    39  asserts an intent to return to the housing accommodation.
    40    §  4. Paragraph 11 of subdivision a of section 5 of section 4 of chap-
    41  ter  576  of  the  laws  of  1974,  constituting  the  emergency  tenant
    42  protection  act,  as amended by section 1 of part J of chapter 36 of the
    43  laws of 2019, is amended to read as follows:
    44    (11) housing accommodations which are not occupied by the tenant,  not
    45  including  subtenants  or occupants, as his or her primary residence, as
    46  determined by a court of competent jurisdiction.  For  the  purposes  of
    47  determining primary residency, the following individuals shall be deemed
    48  to be occupying the unit as their primary residence: (a) a tenant who is
    49  a  victim  of  domestic  violence,  as  defined  in section four hundred
    50  fifty-nine-a of the social services law, who has left the  unit  because
    51  of  such  violence,  and  who asserts an intent to return to the housing
    52  accommodation [shall be deemed to be occupying the unit as  his  or  her
    53  primary  residence]; and (b) a tenant who temporarily relocates from the
    54  unit between March seventh, two thousand twenty  and  the  date  of  the
    55  expiration  of  the state disaster emergency, as such term is defined in
    56  section twenty of the executive  law,  declared  pursuant  to  executive
        S. 8310                             3

     1  order  two  hundred  two  of  two  thousand  twenty, as amended, and who
     2  asserts an intent to  return  to  the  housing  accommodation.  For  the
     3  purposes of this paragraph, where a housing accommodation is rented to a
     4  not-for-profit  hospital  for  residential  use,  affiliated  subtenants
     5  authorized to use such accommodations by such hospital shall  be  deemed
     6  to  be  tenants.    For  the purposes of this paragraph, where a housing
     7  accommodation is rented to a not-for-profit for  providing,  as  of  and
     8  after  the  effective  date  of  the chapter of the laws of two thousand
     9  nineteen that amended this paragraph, permanent housing  to  individuals
    10  who  are or were homeless or at risk of homelessness, affiliated subten-
    11  ants authorized to use such accommodations by such not-for-profit  shall
    12  be  deemed  to  be  tenants.  No action or proceeding shall be commenced
    13  seeking to recover possession on the ground that a housing accommodation
    14  is not occupied by the tenant as his or her primary residence unless the
    15  owner or lessor shall have given thirty days notice to the tenant of his
    16  or her intention to commence such action or proceeding on such grounds.
    17    § 5. Clause 10 of subparagraph (i) of paragraph 2 of subdivision e  of
    18  section  26-403  of the administrative code of  the city of New York, as
    19  amended by chapter 422 of the laws  of  2010,  is  amended  to  read  as
    20  follows:
    21    (10)  Housing accommodations not occupied by the tenant, not including
    22  subtenants or occupants, as his or her primary residence, as  determined
    23  by  a  court  of competent jurisdiction. For the purposes of determining
    24  primary residency, the following individuals shall be deemed to be occu-
    25  pying the unit as their primary residence: (a) a tenant who is a  victim
    26  of domestic violence, as defined in section four hundred fifty-nine-a of
    27  the social services law, who has left the unit because of such violence,
    28  and  who asserts an intent to return to the housing accommodation [shall
    29  be deemed to be occupying the unit as his or her primary residence]; and
    30  (b) a tenant who temporarily  relocates  from  the  unit  between  March
    31  seventh, two thousand twenty and the date of the expiration of the state
    32  disaster  emergency,  as  such  term is defined in section twenty of the
    33  executive law, declared pursuant to executive order two hundred  two  of
    34  two  thousand twenty, as amended, and who asserts an intent to return to
    35  the housing accommodation. No action or proceeding  shall  be  commenced
    36  seeking to recover possession on the ground that a housing accommodation
    37  is not occupied by the tenant as his or her primary residence unless the
    38  owner or lessor shall have given thirty days notice to the tenant of his
    39  or her intention to commence such action or proceeding on such grounds.
    40    §  6.  Subdivision  a  of section 26-504 of the administrative code of
    41  the city of New York, subparagraph (f) of paragraph  1,  as  amended  by
    42  chapter 422 of the laws of 2010, is amended to read as follows:
    43    a.  Class  A  multiple  dwellings  not  owned as a cooperative or as a
    44  condominium, except as provided in section three hundred  fifty-two-eeee
    45  of  the  general  business  law,  containing  six or more dwelling units
    46  which:
    47    (1) were completed after February first, nineteen hundred forty-seven,
    48  except dwelling units (a) owned or leased by, or financed by loans from,
    49  a public agency or public benefit corporation, (b) subject to rent regu-
    50  lation under the private housing finance law or any other state law, (c)
    51  aided by government insurance under any provision of the national  hous-
    52  ing  act,  to  the extent this chapter or any regulation or order issued
    53  thereunder is inconsistent therewith, or (d) located in a  building  for
    54  which a certificate of occupancy is obtained after March tenth, nineteen
    55  hundred  sixty-nine;  or (e) any class A multiple dwelling which on June
    56  first, nineteen hundred sixty-eight was and still is  commonly  regarded
        S. 8310                             4

     1  as  a hotel, transient hotel or residential hotel, and which customarily
     2  provides hotel service such as maid service, furnishing  and  laundering
     3  of  linen,  telephone  and bell boy service, secretarial or desk service
     4  and use and upkeep of furniture and fixtures, or (f) not occupied by the
     5  tenant,  not  including  subtenants  or occupants, as his or her primary
     6  residence, as determined by a court of competent jurisdiction, provided,
     7  however that no action or  proceeding  shall  be  commenced  seeking  to
     8  recover  possession  on  the  ground that a housing accommodation is not
     9  occupied by the tenant as his or her primary residence unless the  owner
    10  or  lessor  shall  have given thirty days notice to the tenant of his or
    11  her intention to commence such action or proceeding on such grounds. For
    12  the purposes of determining primary residency, the following individuals
    13  shall be deemed to be occupying the unit as their primary residence: (i)
    14  a tenant who is a victim of domestic violence,  as  defined  in  section
    15  four  hundred  fifty-nine-a of the social services law, who has left the
    16  unit because of such violence, and who asserts an intent  to  return  to
    17  the  housing  accommodation [shall be deemed to be occupying the unit as
    18  his or her primary residence]; and (ii) a tenant who  temporarily  relo-
    19  cates  from  the unit between March seventh, two thousand twenty and the
    20  date of the expiration of the state disaster emergency, as such term  is
    21  defined  in  section  twenty  of the executive law, declared pursuant to
    22  executive order two hundred two of two thousand twenty, as amended,  and
    23  who  asserts  an  intent to return to the housing accommodation. For the
    24  purposes of this subparagraph where a housing accommodation is rented to
    25  a not-for-profit hospital for  residential  use,  affiliated  subtenants
    26  authorized  to  use such accommodations by such hospital shall be deemed
    27  to be tenants, or (g) became vacant on or after June thirtieth, nineteen
    28  hundred seventy-one, or  become  vacant,  provided  however,  that  this
    29  exemption  shall  not  apply or become effective with respect to housing
    30  accommodations which the commissioner determines or finds became  vacant
    31  because  the  landlord  or  any person acting on his or her behalf, with
    32  intent to cause the tenant to vacate, engaged in any course  of  conduct
    33  (including  but not limited to, interruption or discontinuance of essen-
    34  tial services) which interfered with or disturbed  or  was  intended  to
    35  interfere  with  or  disturb  the comfort, repose, peace or quiet of the
    36  tenant in his or her use or occupancy of the housing accommodations  and
    37  provided  further that any housing accommodations exempted by this para-
    38  graph shall be subject to this law to the extent provided in subdivision
    39  b of this section; or (2) were decontrolled  by  the  city  rent  agency
    40  pursuant to section 26-414 of this title; or (3) are exempt from control
    41  by  virtue  of  item one, two, six or seven of subparagraph (i) of para-
    42  graph two of subdivision e of section 26-403 of this title; and
    43    § 7. This act shall take effect immediately; provided, however, that:
    44    (a) the amendments to clause 10 of subparagraph (i) of paragraph 2  of
    45  subdivision  e of section 26-403 of the city rent and rehabilitation law
    46  made by section five of this act shall remain in full force  and  effect
    47  only  as  long  as  the  public  emergency  requiring the regulation and
    48  control of residential rents and evictions  continues,  as  provided  in
    49  subdivision  3  of section 1 of the local emergency housing rent control
    50  act; and
    51    (b) the amendments to subdivision a of section 26-504 of chapter 4  of
    52  title  26  of  the  administrative  code of the city of New York made by
    53  section six of this act shall expire  on  the  same  date  as  such  law
    54  expires  and  shall  not  affect  the expiration of such law as provided
    55  under section 26-520 of such law.