Amd §26-512, NYC Ad Cd; amd §6, Emerg Ten Prot Act of 1974; amd §5, Emerg Hous Rent Cont L
 
Requires property owners to dedicate certain residential units to rent regulated status following demolition and new construction or substantial renovation.
STATE OF NEW YORK
________________________________________________________________________
367--A
2021-2022 Regular Sessions
IN SENATE(Prefiled)
January 6, 2021
___________
Introduced by Sens. HOYLMAN, BAILEY, KRUEGER, SEPULVEDA, SERRANO -- read
twice and ordered printed, and when printed to be committed to the
Committee on Housing, Construction and Community Development --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the administrative code of the city of New York, the
emergency tenant protection act of nineteen seventy-four and the emer-
gency housing rent control law, in relation to requiring property
owners to dedicate certain residential units to rent regulated status
following demolition and new construction or substantial renovation
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 26-512 of the administrative code of the city of
2 New York is amended by adding a new subdivision f to read as follows:
3 f. Notwithstanding any provision of law, rule or regulation to the
4 contrary, if all or a portion of the rent regulated units in a residen-
5 tial building are rendered uninhabitable or are vacated due to demoli-
6 tion and new construction or to substantial renovation conducted by or
7 on behalf of the property owner under any of the following circum-
8 stances, the property owner shall, upon completion of the new
9 construction or renovation of the building, dedicate to rent regulated
10 status an equal number of units, of sizes equivalent to those vacated or
11 rendered uninhabitable, at the rent amount allowable for the units
12 existing prior to the demolition or renovation, and the tenant or
13 tenants in possession immediately prior to such demolition or substan-
14 tial renovation shall have the right of first refusal for the occupation
15 of such units:
16 (1) demolition or substantial renovation conducted after the property
17 owner filed an application for a building permit with the department of
18 buildings falsely reporting that no tenants occupied the building
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02827-02-1
S. 367--A 2
1 proposed for demolition or substantial renovation, when tenants, in
2 fact, did occupy the building; or
3 (2) demolition or substantial renovation necessitated due to the
4 negligence of the owner and/or landlord; or
5 (3) demolition or substantial renovation necessitated by illegal code
6 violations; or
7 (4) demolition or substantial renovation authorized pursuant to a
8 project as defined by section three of the urban development corporation
9 act.
10 § 2. Section 6 of section 4 of chapter 576 of the laws of 1974,
11 constituting the emergency tenant protection act of nineteen seventy-
12 four, is amended by adding a new subdivision g to read as follows:
13 g. Notwithstanding any provision of law, rule or regulation to the
14 contrary, if all or a portion of the rent regulated units in a residen-
15 tial building are rendered uninhabitable or are vacated due to demoli-
16 tion and new construction or to substantial renovation conducted by or
17 on behalf of the property owner under any of the following circum-
18 stances, the property owner shall, upon completion of the new
19 construction or renovation of the building, dedicate to rent regulated
20 status an equal number of units, of sizes equivalent to those vacated or
21 rendered uninhabitable, at the rent amount allowable for the units
22 existing prior to the demolition or renovation, and the tenant or
23 tenants in possession immediately prior to such demolition or substan-
24 tial renovation shall have the right of first refusal for the occupation
25 of such units:
26 (1) demolition or substantial renovation conducted after the property
27 owner filed an application for a building permit with the department of
28 buildings falsely reporting that no tenants occupied the building
29 proposed for demolition or substantial renovation, when tenants, in
30 fact, did occupy the building; or
31 (2) demolition or substantial renovation necessitated due to the
32 negligence of the owner and/or landlord; or
33 (3) demolition or substantial renovation necessitated by illegal code
34 violations; or
35 (4) demolition or substantial renovation authorized pursuant to a
36 project as defined by section three of the urban development corporation
37 act.
38 § 3. Section 5 of chapter 274 of the laws of 1946, constituting the
39 emergency housing rent control law, is amended by adding a new subdivi-
40 sion 9 to read as follows:
41 9. Notwithstanding any provision of law, rule or regulation to the
42 contrary, if all or a portion of the rent regulated units in a residen-
43 tial building are rendered uninhabitable or are vacated due to demoli-
44 tion and new construction or to substantial renovation conducted by or
45 on behalf of the property owner under any of the following circum-
46 stances, the property owner shall, upon completion of the new
47 construction or renovation of the building, dedicate to rent regulated
48 status an equal number of units, of sizes equivalent to those vacated or
49 rendered uninhabitable, at the rent amount allowable for the units
50 existing prior to the demolition or renovation, and the tenant or
51 tenants in possession immediately prior to such demolition or substan-
52 tial renovation shall have the right of first refusal for the occupation
53 of such units:
54 (a) demolition or substantial renovation conducted after the property
55 owner filed an application for a building permit with the department of
56 buildings falsely reporting that no tenants occupied the building
S. 367--A 3
1 proposed for demolition or substantial renovation, when tenants, in
2 fact, did occupy the building; or
3 (b) demolition or substantial renovation necessitated due to the
4 negligence of the owner and/or landlord; or
5 (c) demolition or substantial renovation necessitated by illegal code
6 violations; or
7 (d) demolition or substantial renovation authorized pursuant to a
8 project as defined by section three of the urban development corporation
9 act.
10 § 4. This act shall take effect immediately; provided, however, that
11 the amendments to section 26-512 of chapter 4 of title 26 of the admin-
12 istrative code of the city of New York made by section one of this act
13 shall expire on the same date as such law expires and shall not affect
14 the expiration of such law as provided under section 26-520 of such law.