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A04705 Summary:

BILL NOA04705
 
SAME ASSAME AS S01281
 
SPONSORRosenthal L
 
COSPNSR
 
MLTSPNSR
 
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.
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A04705 Actions:

BILL NOA04705
 
02/22/2023referred to housing
01/03/2024referred to housing
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A04705 Memo:

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.
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A04705 Text:



 
                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.
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