Amd 26-412 & 26-516, NYC Ad Cd; amd 12, Emerg Ten Prot Act of 1974
 
Provides that penalties may be levied against a person who intentionally withholds a housing accommodation from the market, including for the purpose of future co-operative conversion.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4705
SPONSOR: Rosenthal L
 
TITLE OF BILL:
An act to amend the administrative code of the city of New York and the
emergency tenant protection act of nineteen seventy-four, in relation to
warehousing of housing accommodations and penalties therefor
 
PURPOSE:
This bill would amend Chapter 400 of the Laws of 2018 relating to eligi-
bility for tuition assistance program awards for certain under graduates
who must transfer to another institution as a result of a permanent
college closure.
 
SUMMARY OF PROVISIONS:
Section 1.-This chapter amendment changes eligibility for Tuition
Assistance Program (TAP) funds for students who must transfer to another
institution as a result of a permanent college closure by allowing for
up to two additional semesters of TAP to the extent credits necessary to
complete his or her program of study were deemed non-transferable from
the closed institution or were deemed not applicable to such student's
program of study by the new institution.
Section 2. Sets for the effective date.
 
JUSTIFICATION:
This bill would provide necessary changes in order to implement Chapter
400 of the Laws of 2018.
 
LEGISLATIVE HISTORY:
2021-22: A.3700 (Cymbrowitz) - Referred to Housing; S.3367 (Bailey) -
Referred to Housing, Construction, and Community Development
2019-20 A.4121 Referred to Housing - S.2205 Bailey
 
FISCAL IMPLICATIONS:
Unknown
 
EFFECTIVE DATE:
This act shall take effect immediately and shall be deemed to have been
in full force and effect on the same date as chapter 400 of the laws of
2018 took effect.
STATE OF NEW YORK
________________________________________________________________________
4705
2023-2024 Regular Sessions
IN ASSEMBLY
February 22, 2023
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Housing
AN ACT to amend the administrative code of the city of New York and the
emergency tenant protection act of nineteen seventy-four, in relation
to warehousing of housing accommodations and penalties therefor
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings and intent. The legislature finds and
2 declares that each person in the state shall have a right to be housed
3 and that such right to housing is a basic human right.
4 The legislature further finds and declares that the practice of "ware-
5 housing", that is of intentionally withholding housing accommodations
6 from the housing market, including the withholding of apartments for
7 purposes of future co-operative apartment conversion, has contributed
8 significantly to the shortage of housing in this state, especially in
9 the city of New York.
10 The legislature further finds and declares that the practice of ware-
11 housing has violated the right to housing of many of the citizens and
12 residents of this state.
13 It is thus the intent of the legislature to eliminate the practice of
14 warehousing by providing strong penalties to deter such practice.
15 § 2. Section 26-412 of the administrative code of the city of New York
16 is amended by adding a new subdivision g to read as follows:
17 g. It shall be unlawful to harass a tenant to obtain vacancy of his or
18 her housing accommodation or to have intentionally withheld a housing
19 accommodation from the market, including withholding such accommodation
20 for the purpose of future co-operative apartment conversion. For the
21 purposes of this subdivision, harassment consists of engaging in a
22 course of conduct or repeatedly committing acts which alarm or seriously
23 annoy a tenant or other person residing in the tenant's housing accommo-
24 dation and which serve no legitimate purpose.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04417-01-3
A. 4705 2
1 § 3. Paragraph 2 of subdivision c of section 26-516 of the administra-
2 tive code of the city of New York, as amended by section 23 of part A of
3 chapter 20 of the laws of 2015, is amended to read as follows:
4 (2) to have harassed a tenant to obtain vacancy of his or her housing
5 accommodation or to have intentionally withheld a housing accommodation
6 from the market, including withholding such accommodation for the
7 purpose of future co-operative apartment conversion, the commissioner
8 may impose by administrative order after hearing, a civil penalty for
9 any such violation. Such penalty shall be at a minimum in the amount of
10 two thousand but not to exceed three thousand dollars for the first such
11 offense, and at minimum in the amount of ten thousand but not to exceed
12 eleven thousand dollars for each subsequent offense or for a violation
13 consisting of conduct directed at the tenants of more than one housing
14 accommodation.
15 § 4. Clause (ii) of paragraph 3 of subdivision a of section 12 of
16 section 4 of chapter 576 of the laws of 1974, constituting the emergency
17 tenant protection act of nineteen seventy-four, as amended by section 27
18 of part A of chapter 20 of the laws of 2015, is amended to read as
19 follows:
20 (ii) to have harassed a tenant to obtain vacancy of his housing accom-
21 modation or to have intentionally withheld a housing accommodation from
22 the market, including withholding such accommodation for the purpose of
23 future co-operative apartment conversion, the commissioner may impose by
24 administrative order after hearing, a civil penalty for any such
25 violation. Such penalty shall be at minimum in the amount of two thou-
26 sand but not to exceed three thousand dollars for the first such
27 offense, and at minimum in the amount of ten thousand but not to exceed
28 eleven thousand dollars for each subsequent offense or for a violation
29 consisting of conduct directed at the tenants of more than one housing
30 accommodation.
31 § 5. This act shall take effect immediately provided that the amend-
32 ment to section 26-412 of the city rent and rehabilitation law made by
33 section two of this act shall remain in full force and effect only so
34 long as the public emergency requiring the regulation and control of
35 residential rents and evictions continues, as provided in subdivision 3
36 of section 1 of the local emergency housing rent control act; and
37 provided further that the amendment to section 26-516 of the rent
38 stabilization law of nineteen hundred sixty-nine made by section three
39 of this act shall expire on the same date as such law expires.