Amd §10, Emerg Ten Prot Act of 1974; amd §10, Emerg Hous Rent Cont L; add §26-418, amd §26-512, NYC Ad Cd
Prohibits persons whose income is greater than one hundred twenty-five percent of the area median income from occupying certain housing accommodations.
STATE OF NEW YORK
________________________________________________________________________
7704
2025-2026 Regular Sessions
IN ASSEMBLY
April 8, 2025
___________
Introduced by M. of A. FITZPATRICK -- read once and referred to the
Committee on Housing
AN ACT to amend the emergency tenant protection act of nineteen seven-
ty-four, the emergency housing rent control law and the administrative
code of the city of New York, in relation to establishing tenant
eligibility for certain housing accommodations
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 10 of section 4 of chapter 576 of the laws of 1974,
2 constituting the emergency tenant protection act of nineteen seventy-
3 four, is amended by adding a new subdivision d to read as follows:
4 d. Notwithstanding any provisions of law to the contrary, any person,
5 or persons, whose income exceeds one hundred twenty-five percent of area
6 median income shall be ineligible to occupy any housing accommodation
7 subject to this act.
8 (1) The division of homes and community renewal and the department of
9 taxation and finance shall promulgate rules and regulations necessary to
10 implement this subdivision, provided however, such rules and regulations
11 shall include holding the owner, or such owner's agent, of the housing
12 accommodation harmless for any violation of this subdivision.
13 (2) A tenant found by a court of competent jurisdiction to have will-
14 fully violated this subdivision, including, but not limited to, by
15 providing the owner, or such owner's agent false income documentation in
16 an effort to obtain tenancy of the housing accommodation, shall be
17 subject to a civil penalty not to exceed five hundred dollars per day of
18 illegal occupancy, provided however, that a tenant who currently occu-
19 pies a housing accommodation subject to this act, and whose income
20 exceeds the threshold provided in this subdivision, shall be exempt from
21 civil penalties and shall not be evicted on the grounds of a violation
22 of this subdivision for the duration of the most recent lease agreement
23 executed prior to the effective date of this subdivision. After the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01762-01-5
A. 7704 2
1 duration of the most recent lease agreement executed prior to the effec-
2 tive date of this subdivision has ended, continued violation of this
3 subdivision by the tenant, as determined by a court of competent juris-
4 diction, shall constitute grounds for eviction.
5 (3) A tenant who lawfully occupies a housing accommodation subject to
6 this act, and whose income increased above one hundred twenty-five
7 percent of area median income, shall be exempt from civil penalties and
8 shall not be evicted on the grounds of a violation of this subdivision
9 for the duration of the most recent lease agreement executed prior to
10 the increase in income. After the duration of the most recent lease
11 agreement executed prior to the increase in income has ended, continued
12 violation of this subdivision by the tenant, as determined by a court of
13 competent jurisdiction, shall constitute grounds for eviction.
14 (4) Any person who inherits tenancy through successorship as defined
15 in section 24-04 of title twenty-eight of the rules of the city of New
16 York, must meet the income eligibility requirements as defined in this
17 subdivision, in order to occupy the housing accommodation. Notwith-
18 standing any other provisions of law, should said person be ineligible
19 as defined in this subdivision, such application for tenancy by succes-
20 sorship shall be denied.
21 § 2. Section 10 of chapter 274 of the laws of 1946, constituting the
22 emergency housing rent control law, is amended by adding a new subdivi-
23 sion 6 to read as follows:
24 6. Notwithstanding any provisions of law to the contrary, any person,
25 or persons, whose income exceeds one hundred twenty-five percent of area
26 median income shall be ineligible to occupy any housing accommodation
27 subject to this act.
28 (a) The division of homes and community renewal and the department of
29 taxation and finance shall promulgate rules and regulations necessary to
30 implement this subdivision, provided however, such rules and regulations
31 shall include holding the owner, or such owner's agent, of the housing
32 accommodation harmless for any violation of this subdivision.
33 (b) A tenant found by a court of competent jurisdiction to have will-
34 fully violated this subdivision, including but not limited to, by
35 providing the owner, or such owner's agent false income documentation in
36 an effort to obtain tenancy of the housing accommodation, shall be
37 subject to a civil penalty not to exceed five hundred dollars per day of
38 illegal occupancy, provided however, that a tenant who currently occu-
39 pies a housing accommodation subject to this act, and whose income
40 exceeds the threshold provided in this subdivision, shall be exempt from
41 civil penalties and shall not be evicted on the grounds of a violation
42 of this subdivision for the duration of the most recent lease agreement
43 executed prior to the effective date of this subdivision. After the
44 duration of the most recent lease agreement executed prior to the effec-
45 tive date of this subdivision has ended, continued violation of this
46 subdivision by the tenant, as determined by a court of competent juris-
47 diction, shall constitute grounds for eviction.
48 (c) A tenant who lawfully occupies a housing accommodation subject to
49 this act, and whose income increased above one hundred twenty-five
50 percent of area median income, shall be exempt from civil penalties and
51 shall not be evicted on the grounds of a violation of this subdivision
52 for the duration of the most recent lease agreement executed prior to
53 the increase in income. After the duration of the most recent lease
54 agreement executed prior to the increase in income has ended, continued
55 violation of this subdivision by the tenant, as determined by a court of
56 competent jurisdiction, shall constitute grounds for eviction.
A. 7704 3
1 (d) Any person who inherits tenancy through successorship as defined
2 in section 24-04 of title twenty-eight of the rules of the city of New
3 York, must meet the income eligibility requirements as defined in this
4 subdivision, in order to occupy the housing accommodation. Notwith-
5 standing any other provisions of law, should said person be ineligible
6 as defined in this subdivision, such application for tenancy by succes-
7 sorship shall be denied.
8 § 3. The administrative code of the city of New York is amended by
9 adding a new section 26-418 to read as follows:
10 § 26-418 Means testing. a. The division of homes and community
11 renewal and the department of taxation and finance shall promulgate
12 rules and regulations necessary to implement this section, provided
13 however, such rules and regulations shall include holding the owner, or
14 such owner's agent, of the housing accommodation harmless for any
15 violation of this section.
16 b. A tenant found by a court of competent jurisdiction to have will-
17 fully violated this section, including but not limited to, by providing
18 the owner, or such owner's agent false income documentation in an effort
19 to obtain tenancy of the housing accommodation, shall be subject to a
20 civil penalty not to exceed five hundred dollars per day of illegal
21 occupancy, provided however, that a tenant who currently occupies a
22 housing accommodation subject to the emergency tenant protection act of
23 nineteen seventy-four, and whose income exceeds the threshold provided
24 in this section, shall be exempt from civil penalties and shall not be
25 evicted on the grounds of a violation of this section for the duration
26 of the most recent lease agreement executed prior to the effective date
27 of this section. After the duration of the most recent lease agreement
28 executed prior to the effective date of this subdivision has ended,
29 continued violation of this section by the tenant, as determined by a
30 court of competent jurisdiction, shall constitute grounds for eviction.
31 c. A tenant who lawfully occupies a housing accommodation subject to
32 the emergency tenant protection act of nineteen seventy-four, and whose
33 income increased above one hundred twenty-five percent of area median
34 income, shall be exempt from civil penalties and shall not be evicted on
35 the grounds of a violation of this section for the duration of the most
36 recent lease agreement executed prior to the increase in income. After
37 the duration of the most recent lease agreement executed prior to the
38 increase in income has ended, continued violation of this section by the
39 tenant, as determined by a court of competent jurisdiction, shall
40 constitute grounds for eviction.
41 d. Any person who inherits tenancy through successorship as defined in
42 section 24-04 of title twenty-eight of the rules of the city of New
43 York, must meet the income eligibility requirements as defined in this
44 section, in order to occupy the housing accommodation. Notwithstanding
45 any other provisions of law, should said person be ineligible as defined
46 in this section, such application for tenancy by successorship shall be
47 denied.
48 § 4. Section 26-512 of the administrative code of the city of New York
49 is amended by adding a new subdivision h to read as follows:
50 h. Notwithstanding any provisions of law to the contrary, beginning
51 January first, two thousand twenty-eight, dwelling units subject to this
52 chapter as prescribed in section 26-504 of this chapter shall be rented
53 to persons whose adjusted gross income is less than one hundred twenty-
54 five percent of area median income.
55 (1) The division of homes and community renewal and the department of
56 taxation and finance shall promulgate rules and regulations necessary to
A. 7704 4
1 implement this subdivision, provided however, such rules and regulations
2 shall include holding the owner of the dwelling unit harmless for any
3 violation of this subdivision.
4 (2) A tenant found by a court of competent jurisdiction to have will-
5 fully violated this paragraph shall be subject to a civil penalty not to
6 exceed five hundred dollars per day of illegal occupancy, provided
7 however, that a tenant who currently occupies a dwelling unit subject to
8 the emergency tenant protection act of nineteen seventy-four, and whose
9 income exceeds the threshold provided in this paragraph, shall be exempt
10 from civil penalties and shall not be evicted on the grounds of a
11 violation of this subdivision for the duration of the most recent lease
12 agreement executed prior to the effective date of this subdivision.
13 After the duration of the most recent lease agreement executed prior to
14 the effective date of this subdivision has ended, continued violation of
15 this subdivision by the tenant, as determined by a court of competent
16 jurisdiction, shall constitute grounds for eviction.
17 (3) A tenant who lawfully occupies a dwelling unit subject to the
18 emergency tenant protection act of nineteen seventy-four, and whose
19 income increased above one hundred twenty-five percent of area median
20 income, shall be exempt from civil penalties and shall not be evicted on
21 the grounds of a violation of this subdivision for the duration of the
22 most recent lease agreement executed prior to the increase in income.
23 After the duration of the most recent lease agreement executed prior to
24 the increase in income has ended, continued violation of this subdivi-
25 sion by the tenant, as determined by a court of competent jurisdiction,
26 shall constitute grounds for eviction.
27 (4) Any person who inherits tenancy through successorship as defined
28 in section 24-04 of title twenty-eight of the rules of the city of New
29 York, must meet the income eligibility requirements as defined in this
30 subdivision, in order to occupy the dwelling unit. Notwithstanding any
31 other provisions of law, should said person be ineligible as defined in
32 this subdivision, such application for tenancy by successorship shall be
33 denied.
34 § 5. The division of homes and community renewal, in conjunction with
35 the department of taxation and finance, shall promulgate rules and regu-
36 lations necessary for the implementation of this act.
37 § 6. This act shall take effect immediately; provided that the addi-
38 tion of section 26-418 of the city rent and rehabilitation law made by
39 section three of this act shall remain in full force and effect only as
40 long as the public emergency requiring the regulation and control of
41 residential rents and evictions continues, as provided in subdivision 3
42 of section 1 of the local emergency housing rent control act; and
43 provided, further that the amendments to section 26-512 of chapter 4 of
44 title 26 of the administrative code of the city of New York made by
45 section four of this act shall expire on the same date as such law
46 expires and shall not affect the expiration of such law as provided
47 under section 26-520 of such law.
