New York State Bill A3966
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Text of New York State Bill A03966
S T A T E O F N E W Y O R K
________________________________________________________________________
3966
1997-1998 Regular Sessions
I N A S S E M B L Y
February 10, 1997
___________
Introduced by M. of A. FERRARA, REYNOLDS -- Multi-Sponsored by -- M. of
A. ALFANO, ANDERSON, BALBONI, GUERIN, NESBITT, WIRTH -- read once and
referred to the Committee on Housing
AN ACT to amend the administrative code of the city of New York, the
emergency tenant protection act of nineteen seventy-four and the local
emergency housing rent control act, in relation to exempting certain
housing accommodations from the city rent and rehabilitation law and
the rent stabilization law of nineteen hundred sixty-nine
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph 2 of subdivision e of section 26-403 of the
2 administrative code of the city of New York is amended by adding a new
3 subparagraph (l) to read as follows:
4 (L) HOUSING ACCOMMODATIONS BECOMING VACANT ON OR AFTER THE EFFECTIVE
5 DATE OF THIS SUBPARAGRAPH, AND LOCATED IN A BUILDING CONTAINING TWENTY
6 UNITS OR LESS, PROVIDED, HOWEVER, THAT THIS EXEMPTION SHALL NOT APPLY OR
7 BECOME EFFECTIVE WITH RESPECT TO HOUSING ACCOMMODATIONS THE COMMISSIONER
8 DETERMINES OR FINDS BECOME VACANT BECAUSE THE LANDLORD OR ANY PERSON
9 ACTING ON HIS OR HER BEHALF WITH INTENT TO CAUSE THE TENANT TO VACATE,
10 ENGAGED IN ANY COURSE OF CONDUCT INCLUDING, BUT NOT LIMITED TO, INTER-
11 RUPTION OR DISCONTINUANCE OF ESSENTIAL SERVICES, WHICH INTERFERED WITH
12 OR DISTURBED THE TENANT OR HIS OR HER USE OR OCCUPANCY OF THE HOUSING
13 ACCOMMODATIONS. FOR THE PURPOSES OF THIS SUBPARAGRAPH, THE NUMBER OF
14 HOUSING ACCOMMODATIONS IN A BUILDING SHALL BE THE NUMBER LISTED IN THE
15 MOST RECENT ANNUAL REGISTRATION SUMMARY ON FILE WITH THE NEW YORK STATE
16 DIVISION OF HOUSING AND COMMUNITY RENEWAL.
17 S 2. Paragraph 1 of subdivision a of section 26-504 of the administra-
18 tive code of the city of New York, is amended to read as follows:
19 (1) were completed after February first, nineteen hundred forty-seven,
20 except dwelling units (a) owned or leased by, or financed by loans from,
21 a public agency or public benefit corporation, (b) subject to rent regu-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD02862-01-7
A. 3966 2
1 lation under the private housing finance law or any other state law, (c)
2 aided by government insurance under any provision of the national hous-
3 ing act, to the extent this chapter or any regulation or order issued
4 thereunder is inconsistent therewith, or (d) located in a building for
5 which a certificate of occupancy is obtained after March tenth, nineteen
6 hundred sixty-nine; or (e) any class A multiple dwelling which on June
7 first, nineteen hundred sixty-eight was and still is commonly regarded
8 as a hotel, transient hotel or residential hotel, and which customarily
9 provides hotel service such as maid service, furnishing and laundering
10 of linen, telephone and bell boy service, secretarial or desk service
11 and use and upkeep of furniture and fixtures, or (f) not occupied by the
12 tenant, not including subtenants or occupants, as his OR HER primary
13 residence, as determined by a court of competent jurisdiction, provided,
14 however that no action or proceeding shall be commenced seeking to
15 recover possession on the ground that a housing accommodation is not
16 occupied by the tenant as his or her primary residence unless the owner
17 or lessor shall have given thirty days notice to the tenant of his or
18 her intention to commence such action or proceeding on such grounds. For
19 the purposes of this subparagraph where a housing accommodation is rent-
20 ed to a not-for-profit hospital for residential use, affiliated subten-
21 ants authorized to use such accommodations by such hospital shall be
22 deemed to be tenants, or (g) became vacant on or after June thirtieth,
23 nineteen hundred seventy-one, or become vacant, provided however, that
24 this exemption shall not apply or become effective with respect to hous-
25 ing accommodations which the commissioner determines or finds became
26 vacant because the landlord or any person acting on his or her behalf,
27 with intent to cause the tenant to vacate, engaged in any course of
28 conduct (including but not limited to, interruption or discontinuance of
29 essential services) which interfered with or disturbed or was intended
30 to interfere with or disturb the comfort, repose, peace or quiet of the
31 tenant in his or her use or occupancy of the housing accommodations and
32 provided further that any housing accommodations exempted by this para-
33 graph shall be subject to this law to the extent provided in subdivision
34 b of this section; or (2) were decontrolled by the city rent agency
35 pursuant to section 26-414 of this title; or (3) are exempt from control
36 by virtue of item one, two, six or seven of subparagraph (i) of para-
37 graph two of subdivision e of section 26-403 of this title, OR, (H)
38 NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION B OF THIS SECTION, WHICH
39 BECOME VACANT ON OR AFTER THE EFFECTIVE DATE OF THIS SUBPARAGRAPH AND
40 LOCATED IN A BUILDING CONTAINING TWENTY UNITS OR LESS PROVIDED, HOWEVER,
41 THAT THIS EXEMPTION SHALL NOT APPLY OR BECOME EFFECTIVE WITH RESPECT TO
42 HOUSING ACCOMMODATIONS WHICH THE COMMISSIONER DETERMINES OR FINDS BECOME
43 VACANT BECAUSE THE LANDLORD OR ANY PERSON ACTING ON HIS OR HER BEHALF
44 WITH INTENT TO CAUSE THE TENANT TO VACATE, ENGAGED IN ANY COURSE OF
45 CONDUCT (INCLUDING BUT NOT LIMITED TO INTERRUPTION OR DISCONTINUANCE OF
46 ESSENTIAL SERVICES) WHICH INTERFERED WITH OR DISTURBED THE TENANT IN HIS
47 OR HER USE OR OCCUPANCY OF THE HOUSING ACCOMMODATION. FOR THE PURPOSES
48 OF THIS SUBPARAGRAPH, THE NUMBER OF HOUSING ACCOMMODATIONS IN A BUILDING
49 SHALL BE THE NUMBER LISTED IN THE MOST RECENT ANNUAL REGISTRATION SUMMA-
50 RY ON FILE WITH THE NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY
51 RENEWAL; and
52 S 3. Subdivision a of section 5 of section 4 of chapter 576 of the
53 laws of 1974, constituting the emergency tenant protection act of nine-
54 teen seventy-four, is amended by adding a new paragraph 15 to read as
55 follows:
A. 3966 3
1 (15) HOUSING ACCOMMODATIONS BECOMING VACANT ON OR AFTER THE EFFECTIVE
2 DATE OF THIS PARAGRAPH, AND LOCATED IN A BUILDING CONTAINING TWENTY
3 UNITS OR LESS, PROVIDED, HOWEVER, THAT THIS EXEMPTION SHALL NOT APPLY OR
4 BECOME EFFECTIVE WITH RESPECT TO HOUSING ACCOMMODATIONS THE COMMISSIONER
5 DETERMINES OR FINDS BECOME VACANT BECAUSE THE LANDLORD OR ANY PERSON
6 ACTING ON HIS OR HER BEHALF WITH INTENT TO CAUSE THE TENANT TO VACATE,
7 ENGAGED IN ANY COURSE OF CONDUCT INCLUDING, BUT NOT LIMITED TO, INTER-
8 RUPTION OR DISCONTINUANCE OF ESSENTIAL SERVICES, WHICH INTERFERED WITH
9 OR DISTURBED THE TENANT OR HIS OR HER USE OR OCCUPANCY OF THE HOUSING
10 ACCOMMODATIONS. FOR THE PURPOSES OF THIS PARAGRAPH, THE NUMBER OF HOUS-
11 ING ACCOMMODATIONS IN A BUILDING SHALL BE THE NUMBER LISTED IN THE MOST
12 RECENT ANNUAL REGISTRATION SUMMARY ON FILE WITH THE NEW YORK STATE DIVI-
13 SION OF HOUSING AND COMMUNITY RENEWAL.
14 S 4. The second undesignated paragraph of subdivision 5 of section 1
15 of chapter 21 of the laws of 1962, constituting the local emergency
16 housing rent control act, as amended by chapter 679 of the laws of 1994,
17 is amended to read as follows:
18 Notwithstanding any local law or ordinance, housing accommodations
19 which became vacant on or after July first, nineteen hundred seventy-one
20 or which hereafter become vacant shall be subject to the provisions of
21 the emergency tenant protection act of nineteen seventy-four, provided,
22 however, that this provision shall not apply or become effective with
23 respect to (A) housing accommodations which, by local law or ordinance,
24 are made directly subject to regulation and control by a city housing
25 rent agency and such agency determines or finds that the housing accom-
26 modations became vacant because the landlord or any person acting on his
27 behalf, with intent to cause the tenant to vacate, engaged in any course
28 of conduct (including but not limited to, interruption or discontinuance
29 of essential services) which interfered with or disturbed or was
30 intended to interfere with or disturb the comfort, repose, peace or
31 quiet of the tenant in his use or occupancy of the housing accommo-
32 dations. The removal of any housing accommodation from regulation and
33 control of (B) HOUSING ACCOMMODATIONS BECOMING VACANT ON OR AFTER THE
34 EFFECTIVE DATE OF THIS PARAGRAPH, AND LOCATED IN A BUILDING CONTAINING
35 TWENTY UNITS OR LESS, PROVIDED, HOWEVER, THAT THIS EXEMPTION SHALL NOT
36 APPLY OR BECOME EFFECTIVE WITH RESPECT TO HOUSING ACCOMMODATIONS THE
37 COMMISSIONER DETERMINES OR FINDS BECOME VACANT BECAUSE THE LANDLORD OR
38 ANY PERSON ACTING ON HIS OR HER BEHALF WITH INTENT TO CAUSE THE TENANT
39 TO VACATE, ENGAGED IN ANY COURSE OF CONDUCT INCLUDING, BUT NOT LIMITED
40 TO, INTERRUPTION OR DISCONTINUANCE OF ESSENTIAL SERVICES, WHICH INTER-
41 FERED WITH OR DISTURBED THE TENANT OR HIS OR HER USE OR OCCUPANCY OF THE
42 HOUSING ACCOMMODATIONS. FOR THE PURPOSES OF THIS PARAGRAPH, THE NUMBER
43 OF HOUSING ACCOMMODATIONS IN A BUILDING SHALL BE THE NUMBER LISTED IN
44 THE MOST RECENT ANNUAL REGISTRATION SUMMARY ON FILE WITH THE NEW YORK
45 STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL rents pursuant to the
46 vacancy exemption provided for in this paragraph shall not constitute or
47 operate as a ground for the subjection to more stringent regulation and
48 control of any housing accommodation in such property or in any other
49 property owned by the same landlord, notwithstanding any prior agreement
50 to the contrary by the landlord. The vacancy exemption provided for in
51 this paragraph shall not arise with respect to any rented plot or parcel
52 of land otherwise subject to the provisions of this act, by reason of a
53 transfer of title and possession occurring on or after July first, nine-
54 teen hundred seventy-one of a dwelling located on such plot or parcel
55 and owned by the tenant where such transfer of title and possession is
56 made to a member of the tenant`s immediate family provided that the
A. 3966 4
1 member of the tenant`s immediate family occupies the dwelling with the
2 tenant prior to the transfer of title and possession for a continuous
3 period of two years.
4 S 5. This act shall take effect on the thirtieth day after it shall
5 have become a law; provided that the amendments to section 26-403 of the
6 city rent and rehabilitation law made by section one of this act and the
7 amendments to the local emergency housing rent control act made by
8 section four of this act shall remain in full force and effect only so
9 long as the public emergency requiring the regulation and control of
10 residential rents and evictions continues, as provided in subdivision 3
11 of section 1 of the local emergency housing rent control act; and
12 provided that the amendments to section 26-504 of the rent stabilization
13 law of nineteen hundred sixty-nine made by section two of this act shall
14 expire on the same date as such law expires and shall not affect the
15 expiration of such law as provided under section 26-520 of such law; and
16 provided further that the amendments to the emergency tenant protection
17 act of nineteen seventy-four made by section three of this act shall
18 expire on the same date as such act expires and shall not affect the
19 expiration of such act as provided in section 17 of chapter 576 of the
20 laws of 1974, as amended.
Bill A3966
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[ Memo ]