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A03904 Summary:

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A03904 Floor Votes:

A03904 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3904
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 29, 2013
                                       ___________
 
        Introduced  by  M. of A. GLICK, ROSENTHAL, MILLMAN, DINOWITZ, O'DONNELL,
          JACOBS, COOK, COLTON --  Multi-Sponsored  by  --  M.  of  A.  BRENNAN,
          FARRELL,  GOTTFRIED,  PERRY,  WEINSTEIN,  WEISENBERG  -- read once and
          referred to the Committee on Housing
 
        AN ACT to amend the administrative code of the  city  of  New  York,  in

          relation to renewal of a lease under the stabilization code
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subparagraph (a) of paragraph 9 of subdivision c of section
     2  26-511 of the administrative code of the city of New York is amended  to
     3  read as follows:
     4    (a)  (1)  where [he or she] the owner has established to the satisfac-
     5  tion of the division of housing and community renewal, after  a  hearing
     6  at  which  all parties may present evidence that the subject building is
     7  in a substandard or seriously deteriorated condition, and that the owner
     8  intends in good faith to demolish  the  building  and  [has  obtained  a

     9  permit therefor from the department of buildings] submits proof prior to
    10  filing  the  application  with  the  division  of  housing and community
    11  renewal that plans and if  possible,  the  necessary  permits,  for  the
    12  undertaking  have  been  approved by and obtained from the department of
    13  buildings.  Such application shall be filed at least ninety  days  prior
    14  to  the  expiration  of the lease term; for the purpose of this subpara-
    15  graph, "demolish" means the complete  razing  of  the  entire  building,
    16  including  all exterior walls, in order to construct a new building with
    17  the same or greater number of rental housing units;
    18    (2) The  order  granting  the  owner's  demolition  application  shall

    19  provide  that  the owner must, at the tenant's option, either: (i) relo-
    20  cate the tenant to an equivalent or  superior  rent  stabilized  housing
    21  accommodation  in  a  closely  proximate  area,  or if a new residential
    22  building is being constructed on the site provide the tenant with  suit-
    23  able  interim housing at no additional cost until a unit is available in
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00870-01-3
        A. 3904                             2
 
     1  the new building; provide that the amount of rent charged for  the  unit

     2  shall  be  at  the  same  or lower legal regulated rent; and provide the
     3  tenant, in addition to reasonable moving expenses,  payment  of  a  five
     4  thousand  dollar  stipend,  provided the tenant vacates on or before the
     5  vacate date required by the final order; or (ii) provide  relocation  of
     6  the  tenant  to  a suitable housing accommodation at a rent in excess of
     7  that for the subject housing accommodation; provide the tenant, in addi-
     8  tion to reasonable moving expenses, a stipend equal to the difference of
     9  the rent charged at the housing accommodation being vacated and the rent
    10  charged for the housing accommodation to which the tenant is relocating,
    11  multiplied by seventy-two months, provided  the  tenant  vacates  on  or

    12  before  the  vacate  date  required by the final order; or (iii) pay the
    13  tenant a stipend which shall be  the  difference  between  the  tenant's
    14  current rent and an amount to be calculated using the demolition stipend
    15  chart,  created by the division of housing and community renewal, multi-
    16  plied by seventy-two months; or
    17    § 2. This act shall take effect immediately and  shall  apply  to  any
    18  tenant  in  possession on or after such effective date and to any action
    19  or proceeding pending in any court and to any application, complaint, or
    20  proceeding pending before an administrative  agency  on  such  effective
    21  date,  as  well  as  to  any  action or proceeding commenced thereafter;
    22  provided, however that the amendments to subparagraph (a) of paragraph 9

    23  of subdivision c of section 26-511 of chapter  4  of  title  26  of  the
    24  administrative  code of the city of New York made by section one of this
    25  act shall expire on the same date as such  law  expires  and  shall  not
    26  affect  the  expiration  of such law as provided under section 26-520 of
    27  such law.