Expands definition of eligible senior citizen and disabled person to include any member of the tenant's household lawfully occupying the premises as such person's residence who is 62 years of age with respect to condominium and cooperative conversion to provide protection to disabled and senior citizen non-purchasing residents of buildings that undergo cooperative or condominium conversions under an eviction plan even where such residents are not tenants of record in the buildings.
STATE OF NEW YORK
________________________________________________________________________
3758
2025-2026 Regular Sessions
IN SENATE
January 29, 2025
___________
Introduced by Sen. CLEARE -- read twice and ordered printed, and when
printed to be committed to the Committee on Housing, Construction and
Community Development
AN ACT to amend the general business law, in relation to senior citizens
and disabled persons
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraphs (iii) and (iv) of paragraph (a) of subdivi-
2 sion 2-a of section 352-e of the general business law, as added by chap-
3 ter 771 of the laws of 1983, are amended to read as follows:
4 (iii) "Eligible senior citizens". Non-purchasing tenants who are
5 sixty-two years of age or older on the date the attorney general has
6 accepted the plan for filing, and the spouses of any such tenants on
7 such date, [and who have elected] or any member of the tenant's house-
8 hold, lawfully occupying the premises as such person's residence who is
9 sixty-two years of age or older on such date, provided, in the case of a
10 tenant's household member, that such person has lived in the housing
11 accommodation as such person's residence for a period of no less than
12 one year preceding such date. The tenant must elect, within sixty days
13 of the date the attorney general has accepted the plan for filing, on
14 forms promulgated by the attorney general and presented to such tenants
15 by the offeror, to become non-purchasing tenants under the provisions of
16 this subdivision; provided that such election shall not preclude any
17 such tenant from subsequently purchasing the dwelling unit on the terms
18 then offered to tenants in occupancy.
19 (iv) "Eligible disabled persons". Non-purchasing tenants who have an
20 impairment which results from anatomical, physiological or psychological
21 conditions, other than addiction to alcohol, gambling, or any controlled
22 substance, which are demonstrable by medically acceptable clinical and
23 laboratory diagnostic techniques, and which are expected to be permanent
24 and which [prevent the tenant from engaging in any substantial gainful
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08141-01-5
S. 3758 2
1 employment] substantially limit one or more major life activities on the
2 date the attorney general has accepted the plan for filing, and the
3 spouses of any such tenants on such date, [and who have elected] or any
4 member of the tenant's household, lawfully occupying the premises as
5 such person's residence, who has such an impairment on such date,
6 provided, in the case of the tenant's household member, that such person
7 has lived in the housing accommodation as such person's residence for a
8 period of no less than one year preceding such date. The tenant must
9 elect, within sixty days of the date the attorney general has accepted
10 the plan for filing, on forms promulgated by the attorney general and
11 presented to such tenants by the offeror, to become non-purchasing
12 tenants under the provisions of this subdivision; provided, however,
13 that if the disability first occurs after acceptance of the plan for
14 filing, then such election may be made within sixty days following the
15 onset of such disability unless during the period subsequent to sixty
16 days following the acceptance of the plan for filing but prior to such
17 election, the offeror accepts a written agreement to purchase the apart-
18 ment from a bona fide purchaser; and provided further that such election
19 shall not preclude any such tenant from subsequently purchasing the
20 dwelling unit or the shares allocated thereto on the terms then offered
21 to tenants in occupancy.
22 § 2. Paragraphs (f) and (g) of subdivision 1 of section 352-eee of the
23 general business law, as added by chapter 402 of the laws of 1983, are
24 amended to read as follows:
25 (f) "Eligible senior citizens". Non-purchasing tenants who are sixty-
26 two years of age or older on the date the plan is declared effective and
27 the spouses of any such tenants on such date; [provided that] or any
28 member of the tenant's household, lawfully occupying the premises as
29 such person's residence who is sixty-two years of age or older on such
30 date, provided, in the case of a tenant's household member, that such
31 person has lived in the housing accommodation as such person's residence
32 for a period of no less than one year preceding such date such tenant
33 shall not be precluded from subsequently purchasing the dwelling unit on
34 the terms then offered to tenants in occupancy.
35 (g) "Eligible disabled persons". Non-purchasing tenants who have an
36 impairment which results from anatomical, physiological or psychological
37 conditions, other than addiction to alcohol, gambling, or any controlled
38 substance, which are demonstrable by medically acceptable clinical and
39 laboratory diagnostic techniques, and which are expected to be permanent
40 and which [prevent the tenant from engaging in any substantial gainful
41 employment] substantially limit one or more major life activities on the
42 date the attorney general has accepted the plan for filing, and the
43 spouses of any such tenants on such date, [and who have elected] or any
44 member of the tenant's household, lawfully occupying the premises as
45 such person's residence who has such an impairment on such date,
46 provided, in the case of the tenant's household member, that such person
47 has lived in the housing accommodation as such person's residence for a
48 period of no less than one year preceding such date. The tenant must
49 elect, within sixty days of the date the attorney general has accepted
50 the plan for filing, on forms promulgated by the attorney general and
51 presented to such tenants by the offeror, to become non-purchasing
52 tenants under the provisions of this section; provided, however, that if
53 the disability first occurs after acceptance of the plan for filing,
54 then such election may be made within sixty days following the onset of
55 such disability unless during the period subsequent to sixty days
56 following the acceptance of the plan for filing but prior to such
S. 3758 3
1 election, the offeror accepts a written agreement to purchase the apart-
2 ment from a bona fide purchaser; and provided further that such election
3 shall not preclude any such tenant from subsequently purchasing the
4 dwelling unit or the shares allocated thereto on the terms then offered
5 to tenants in occupancy.
6 § 3. Paragraphs (f) and (g) of subdivision 1 of section 352-eeee of
7 the general business law, as amended by section 1 of part N of chapter
8 36 of the laws of 2019, are amended to read as follows:
9 (f) "Eligible senior citizens". Non-purchasing tenants who are sixty-
10 two years of age or older on the date the plan is submitted to the
11 department of law or on the date the attorney general has accepted the
12 plan for filing, and the spouses of any such tenants on such date, [and
13 who have elected] or any member of the tenant's household, lawfully
14 occupying the premises as such person's residence who is sixty-two years
15 of age or older on such date, provided, in the case of a tenant's house-
16 hold member, that such person has lived in the housing accommodation as
17 such person's residence for a period of no less than one year preceding
18 such date. The tenant must elect, within sixty days of the date the plan
19 is submitted to the department of law or on the date the attorney gener-
20 al has accepted the plan for filing, on forms promulgated by the attor-
21 ney general and presented to such tenants by the offeror, to become
22 non-purchasing tenants under the provisions of this section; provided
23 that such election shall not preclude any such tenant from subsequently
24 purchasing the dwelling unit on the terms then offered to tenants in
25 occupancy.
26 (g) "Eligible disabled persons". Non-purchasing tenants who have an
27 impairment which results from anatomical, physiological or psychological
28 conditions, other than addiction to alcohol, gambling, or any controlled
29 substance, which are demonstrable by medically acceptable clinical and
30 laboratory diagnostic techniques, and which are expected to be permanent
31 and which [prevent the tenant from engaging in any substantial gainful
32 employment] are expected to be permanent and which substantially limit
33 one or more major life activities on the date the plan is submitted to
34 the department of law or on the date the attorney general has accepted
35 the plan for filing, and the spouses of any such tenants on such date,
36 [and who have elected] or any member of the tenant's household,
37 lawfully occupying the premises as such person's residence on such date,
38 provided in the case of a tenant's household member, that such person
39 has lived in the housing accommodation as such person's residence for a
40 period of no less than one year preceding such date. The tenant must
41 elect, within sixty days of the date the plan is submitted to the
42 department of law or on the date the attorney general has accepted the
43 plan for filing, on forms promulgated by the attorney general and
44 presented to such tenants by the offeror, to become non-purchasing
45 tenants under the provisions of this section; provided, however, that if
46 the disability first occurs after acceptance of the plan for filing,
47 then such election may be made within sixty days following the onset of
48 such disability unless during the period subsequent to sixty days
49 following the acceptance of the plan for filing but prior to such
50 election, the offeror accepts a written agreement to purchase the apart-
51 ment from a bona fide purchaser; and provided further that such election
52 shall not preclude any such tenant from subsequently purchasing the
53 dwelling unit or the shares allocated thereto on the terms then offered
54 to tenants in occupancy.
55 § 4. This act shall take effect immediately.
