Add S5-b, amd S12, Emerg Ten Prot Act of 1974; amd SS26-512 & 26-516, NYC Ad Cd
Relates to unlawful tenancies under the emergency tenant protection act of 1974; prohibits owners from entering or renewing leases where such owner has reason to know that such tenant will not occupy the housing accommodation as his or her primary residence.
STATE OF NEW YORK
________________________________________________________________________
1316
2015-2016 Regular Sessions
IN ASSEMBLY
January 9, 2015
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Housing
AN ACT to amend the emergency tenant protection act of nineteen seven-
ty-four and the administrative code of the city of New York, in
relation to leasing to business and other entities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 4 of chapter 576 of the laws of 1974 constituting
2 the emergency tenant protection act of nineteen seventy-four is amended
3 by adding a new section 5-b to read as follows:
4 § 5-b. Tenancy. Notwithstanding any inconsistent provision of this act
5 or the provisions of any contract, lease or rental agreement, no owner
6 or any agent thereof shall enter into a lease, or other rental agreement
7 for occupancy of a vacant housing accommodation subject to this act if
8 the owner or any agent thereof has reason to know that the tenant will
9 not occupy the housing accommodation as his or her primary residence, or
10 the tenant is a corporation, partnership, or other business or not-for-
11 profit entity, provided, however, if the tenant (i) is a not-for-profit
12 corporation, pursuant to the not-for-profit corporation law, that is
13 solely engaged in activities to provide housing and additional support
14 services, if any, to low-income or vulnerable members of the population,
15 as determined by the commissioner of the division of housing and commu-
16 nity renewal, or (ii) is a corporation, partnership or other business
17 that is providing an officer, partner, employee or other natural person
18 participating in the day-to-day operations with a dwelling unit, which
19 shall be occupied as the individual's primary residence, an owner or
20 agent thereof may enter into a lease, or other rental agreement for
21 occupancy of a vacant housing accommodation subject to this act.
22 § 2. Clause (i) of paragraph 3 of subdivision a of section 12 of
23 section 4 of chapter 576 of the laws of 1974 constituting the emergency
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04244-01-5
A. 1316 2
1 tenant protection act of nineteen seventy-four, as amended by chapter
2 480 of the laws of 2009, is amended to read as follows:
3 (i) to have violated an order of the division or section five-b of
4 this act the commissioner may impose by administrative order after hear-
5 ing, a civil penalty in the amount of one thousand dollars for the first
6 such offense and two thousand dollars for each subsequent offense; or
7 § 3. Section 26-512 of the administrative code of the city of New York
8 is amended by adding a new subdivision g to read as follows:
9 g. Notwithstanding any inconsistent provision of law or the provisions
10 of any contract, lease or rental agreement, no owner or any agent there-
11 of shall enter into a lease, or other rental agreement for occupancy of
12 a vacant housing accommodation subject to this chapter if the owner or
13 any agent thereof has reason to know that the tenant will not occupy the
14 housing accommodation as his or her primary residence, or the tenant is
15 a corporation, partnership, or other business or not-for-profit entity,
16 provided, however, if the tenant (i) is a not-for-profit corporation,
17 pursuant to the not-for-profit corporation law, that is solely engaged
18 in activities to provide housing and additional support services, if
19 any, to low-income or vulnerable members of the population, as deter-
20 mined by the commissioner of the division of housing and community
21 renewal, or (ii) is a corporation, partnership or other business that is
22 providing an officer, partner, employee or other natural person partic-
23 ipating in the day-to-day operations with a dwelling unit, which shall
24 be occupied as the individual's primary residence, an owner or agent
25 thereof may enter into a lease, or other rental agreement for occupancy
26 of a vacant housing accommodation subject to this chapter.
27 § 4. Paragraph 1 of subdivision c of section 26-516 of the administra-
28 tive code of the city of New York, as amended by chapter 480 of the laws
29 of 2009, is amended to read as follows:
30 (1) to have violated an order of the division or subdivision g of
31 section 26-512 of this chapter the commissioner may impose by adminis-
32 trative order after hearing, a civil penalty in the amount of one thou-
33 sand dollars for the first such offense and two thousand dollars for
34 each subsequent offense; or
35 § 5. Severability. If any provision of this act, or any application of
36 any provision of this act, is held to be invalid, that shall not affect
37 the validity or effectiveness of any other provision of this act, any
38 other application of any provision of this act, or any other provision
39 of any law or code amended by this act.
40 § 6. This act shall take effect on the sixtieth day after it shall
41 have become a law; provided that:
42 (a) the amendments to the emergency tenant protection act of nineteen
43 seventy-four made by sections one and two of this act shall expire on
44 the same date as such act expires and shall not affect the expiration of
45 such act as provided in section 17 of chapter 576 of the laws of 1974;
46 and
47 (b) the amendments to sections 26-512 and 26-516 of the administrative
48 code of the city of New York made by sections three and four of this act
49 shall expire on the same date as such sections expire and shall not
50 affect the expiration of such sections as provided in section 26-520 of
51 such code.
