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
________________________________________________________________________
9914
IN SENATE
April 14, 2026
___________
Introduced by Sen. KRUEGER -- 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 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 the same protected
status the unit previously held 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 h to read as follows:
3 h. Notwithstanding any provision of law, rule or regulation to the
4 contrary, if all or a portion of the rent controlled or rent stabilized
5 housing accommodation protected by the emergency tenant protection act
6 of nineteen seventy-four, the emergency housing rent control law, the
7 local emergency housing rent control act, the administrative code of
8 the city of New York and any regulations, rules and policies enacted
9 pursuant thereto, in a residential building are rendered uninhabitable
10 or are vacated due to demolition and new construction or to substantial
11 renovation conducted by or on behalf of the property owner under any of
12 the following circumstances, the property owner shall, upon completion
13 of the new construction or renovation of the building, dedicate an equal
14 number of units, of sizes equivalent to those vacated or rendered
15 uninhabitable, at the rent amount allowable for the units existing
16 prior to the demolition or renovation to the same status the unit
17 previously held as rent controlled or rent stabilized housing accommo-
18 dation protected by the emergency tenant protection act of nineteen
19 seventy-four, the emergency housing rent control law, the local emer-
20 gency housing rent control act, the administrative code of the city
21 of New York and any regulations, rules and policies enacted pursuant
22 thereto. The tenant or tenants in possession immediately prior to such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04011-01-5
S. 9914 2
1 demolition or substantial renovation shall have the right of first
2 refusal for the occupation of such units:
3 (1) demolition or substantial renovation conducted after the property
4 owner filed an application for a building permit with the department of
5 buildings falsely reporting that no tenants occupied the building
6 proposed for demolition or substantial renovation, when tenants, in
7 fact, did occupy the building; or
8 (2) demolition or substantial renovation necessitated due to the
9 negligence of the owner and/or landlord; or
10 (3) demolition or substantial renovation necessitated by illegal code
11 violations; or
12 (4) demolition or substantial renovation authorized pursuant to a
13 project as defined by section three of the urban development corporation
14 act.
15 § 2. Section 6 of section 4 of chapter 576 of the laws of 1974,
16 constituting the emergency tenant protection act of nineteen seventy-
17 four, is amended by adding a new subdivision h to read as follows:
18 h. Notwithstanding any provision of law, rule or regulation to the
19 contrary, if all or a portion of the rent controlled or rent stabilized
20 housing accommodation protected by the emergency tenant protection act
21 of nineteen seventy-four, the emergency housing rent control law, the
22 local emergency housing rent control act, the administrative code of
23 the city of New York and any regulations, rules and policies enacted
24 pursuant thereto, in a residential building are rendered uninhabitable
25 or are vacated due to demolition and new construction or to substantial
26 renovation conducted by or on behalf of the property owner under any of
27 the following circumstances:
28 (1) demolition or substantial renovation conducted after the property
29 owner filed an application for a building permit with the department of
30 buildings falsely reporting that no tenants occupied the building
31 proposed for demolition or substantial renovation, when tenants, in
32 fact, did occupy the building; or
33 (2) demolition or substantial renovation necessitated due to the
34 negligence of the owner and/or landlord; or
35 (3) demolition or substantial renovation necessitated by illegal code
36 violations; or
37 (4) demolition or substantial renovation authorized pursuant to a
38 project as defined by section three of the urban development corporation
39 act, the property owner shall, upon completion of the new construction
40 or renovation of the building, dedicate an equal number of units, of
41 sizes equivalent to those vacated or rendered uninhabitable, at the
42 rent amount allowable for the units existing prior to the demo-
43 lition or renovation to the same status the unit previously held as
44 rent controlled or rent stabilized housing accommodation protected by
45 the emergency tenant protection act of nineteen seventy-four, the
46 emergency housing rent control law, the local emergency housing rent
47 control act, the administrative code of the city of New York and
48 any regulations, rules and policies enacted pursuant thereto. The tenant
49 or tenants in possession immediately prior to such demolition or
50 substantial renovation shall have the right of first refusal for the
51 occupation of such units.
52 § 3. Section 5 of chapter 274 of the laws of 1946, constituting the
53 emergency housing rent control law, is amended by adding a new subdivi-
54 sion 9 to read as follows:
55 9. Notwithstanding any provision of law, rule or regulation to the
56 contrary, if all or a portion of the rent controlled or rent stabilized
S. 9914 3
1 housing accommodation protected by the emergency tenant protection act
2 of nineteen seventy-four, the emergency housing rent control law, the
3 local emergency housing rent control act, the administrative code of
4 the city of New York and any regulations, rules and policies enacted
5 pursuant thereto, in a residential building are rendered uninhabitable
6 or are vacated due to demolition and new construction or to substantial
7 renovation conducted by or on behalf of the property owner under any of
8 the following circumstances:
9 (a) demolition or substantial renovation conducted after the property
10 owner filed an application for a building permit with the department of
11 buildings falsely reporting that no tenants occupied the building
12 proposed for demolition or substantial renovation, when tenants, in
13 fact, did occupy the building; or
14 (b) demolition or substantial renovation necessitated due to the
15 negligence of the owner and/or landlord; or
16 (c) demolition or substantial renovation necessitated by illegal code
17 violations; or
18 (d) demolition or substantial renovation authorized pursuant to a
19 project as defined by section three of the urban development corporation
20 act, the property owner shall, upon completion of the new construction
21 or renovation of the building, dedicate an equal number of units, of
22 sizes equivalent to those vacated or rendered uninhabitable, at the
23 rent amount allowable for the units existing prior to the demo-
24 lition or renovation to the same status the unit previously held as
25 rent controlled or rent stabilized housing accommodation protected by
26 the emergency tenant protection act of nineteen seventy-four, the
27 emergency housing rent control law, the local emergency housing rent
28 control act, the administrative code of the city of New York and
29 any regulations, rules and policies enacted pursuant thereto. The
30 tenant or tenants in possession immediately prior to such demolition or
31 substantial renovation shall have the right of first refusal for the
32 occupation of such units.
33 § 4. This act shall take effect immediately; provided, however, that
34 the amendments to section 26-512 of chapter 4 of title 26 of the admin-
35 istrative code of the city of New York made by section one of this act
36 shall expire on the same date as such law expires and shall not affect
37 the expiration of such law as provided under section 26-520 of such law.