NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8071
SPONSOR: Forrest TITLE OF BILL:
An act to amend the public housing law, in relation to succession rights
for rent stabilized housing
PURPOSE OR GENERAL IDEA OF BILL:
To provide for family succession rights in rent stabilized apartments
for family members living in the apartment for one year.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends Paragraph (a) of subdivision 4 of section 14 of the
public housing law to change residency requirements for the purposes of
tenant succession in rent protected housing from two years to one year.
Section 2 sets the effective date.
JUSTIFICATION:
The current rules for succession rights in rent stabilized apartments
require a family member to reside in the apartment for two years in
order to qualify. Changing this requirement to one year would help
tenants by providing security and promoting stability. By granting
succession rights, individuals who have resided in an apartment for at
least one year would have the opportunity to pass on their tenancy to a
family member or loved one in the event of their absence or passing.
This would help maintain long-term community connections, reduce housing
instability, and support intergenerational ties within neighborhoods.
Shortening the requirement would also help to address housing afforda-
bility concerns. Currently, the high cost of living in New York City can
make it challenging for individuals and families to find affordable
housing options. Allowing succession rights after one year would provide
tenants with an opportunity to secure stable housing at a controlled
rent, as the successor would inherit the existing lease terms. This
could help alleviate some of the financial burdens associated with
frequent relocations and rental market fluctuations, ultimately promot-
ing housing affordability and reducing the risk of displacement.
PRIOR LEGISLATIVE HISTORY:
None
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
8071
2023-2024 Regular Sessions
IN ASSEMBLY
September 27, 2023
___________
Introduced by M. of A. FORREST -- read once and referred to the Commit-
tee on Housing
AN ACT to amend the public housing law, in relation to succession rights
for rent stabilized housing
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 4 of section 14 of the public
2 housing law, as added by chapter 116 of the laws of 1997, is amended to
3 read as follows:
4 (a) that unless otherwise prohibited by occupancy restrictions based
5 upon income limitations pursuant to federal, state or local law, regu-
6 lations or other requirements of governmental agencies, any member of
7 the tenant's family, as defined in paragraph (c) of this subdivision,
8 shall succeed to the rights of a tenant under such acts and laws where
9 the tenant has permanently vacated the housing accommodation and such
10 family member has resided with the tenant in the housing accommodation
11 as a primary residence for a period of no less than [two years] one
12 year, or where such person is a "senior citizen" or a "disabled person,"
13 as defined in paragraph (c) of this subdivision, for a period of no less
14 than one year, immediately prior to the permanent vacating of the hous-
15 ing accommodation by the tenant, or from the inception of the tenancy or
16 commencement of the relationship, if for less than such periods. The
17 minimum periods of required residency set forth in this subdivision
18 shall not be deemed to be interrupted by any period during which the
19 "family member" temporarily relocates because he or she:
20 (i) is engaged in active military duty;
21 (ii) is enrolled as a full time student;
22 (iii) is not in residence at the housing accommodation pursuant to a
23 court order not involving any term or provision of the lease, and not
24 involving any grounds specified in the real property actions and
25 proceedings law;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13184-01-3
A. 8071 2
1 (iv) is engaged in employment requiring temporary relocation from the
2 housing accommodation;
3 (v) is hospitalized for medical treatment; or
4 (vi) has such other reasonable grounds that shall be determined by the
5 commissioner upon application by such person.
6 § 2. This act shall take effect immediately.
