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A02365 Summary:

A02365 Actions:

A02365 Floor Votes:

A02365 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2365--A
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 15, 2009
                                       ___________
 
        Introduced  by M. of A. O'DONNELL, WEINSTEIN, KAVANAGH, ROSENTHAL, KELL-
          NER -- Multi-Sponsored by -- M. of A. ALFANO, GLICK, PHEFFER,  SCHIMEL
          --  read  once and referred to the Committee on Housing -- recommitted
          to the Committee on Housing in accordance with Assembly Rule 3, sec. 2
          -- committee discharged, bill amended, ordered  reprinted  as  amended

          and recommitted to said committee
 
        AN  ACT  to  amend  the administrative code of the city of New York, the
          emergency tenant protection act of nineteen seventy-four, the emergen-
          cy housing rent control law  and  the  local  emergency  housing  rent
          control act, in relation to establishing primary residency for victims
          of domestic violence
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Clause 10 of subparagraph (i) of paragraph 2 of subdivision
     2  e of section 26-403 of the administrative code of the city of  New  York
     3  is amended to read as follows:
     4    (10)  Housing accommodations not occupied by the tenant, not including
     5  subtenants or occupants, as his or her primary residence, as  determined

     6  by  a  court of competent jurisdiction.  For the purposes of determining
     7  primary residency, a tenant who is a victim  of  domestic  violence,  as
     8  defined in section four hundred fifty-nine-a of the social services law,
     9  who  has  left  the  unit  because  of such violence, and who asserts an
    10  intent to return to the housing accommodation  shall  be  deemed  to  be
    11  occupying  the  unit  as  his  or  her  primary  residence. No action or
    12  proceeding shall be commenced  seeking  to  recover  possession  on  the
    13  ground that a housing accommodation is not occupied by the tenant as his
    14  or  her  primary  residence  unless the owner or lessor shall have given
    15  thirty days notice to the tenant of his or  her  intention  to  commence
    16  such action or proceeding on such grounds.
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00076-02-0
        A. 2365--A                          2
 
     1    §  2.  Subparagraph  (f)  of  paragraph  1 of subdivision a of section
     2  26-504 of the administrative code of the city of New York is amended  to
     3  read as follows:
     4    (f) not occupied by the tenant, not including subtenants or occupants,
     5  as  his  or her primary residence, as determined by a court of competent
     6  jurisdiction, provided, however that no action or  proceeding  shall  be
     7  commenced  seeking  to  recover  possession on the ground that a housing
     8  accommodation is not occupied by the tenant as his or her primary  resi-

     9  dence  unless the owner or lessor shall have given thirty days notice to
    10  the tenant of his or her intention to commence such action or proceeding
    11  on such grounds.  For the purposes of determining primary  residency,  a
    12  tenant  who is a victim of domestic violence, as defined in section four
    13  hundred fifty-nine-a of the social services law, who has left  the  unit
    14  because  of  such  violence,  and who asserts an intent to return to the
    15  housing accommodation shall be deemed to be occupying the unit as his or
    16  her primary residence. For the purposes of  this  subparagraph  where  a
    17  housing  accommodation  is rented to a not-for-profit hospital for resi-
    18  dential use, affiliated subtenants authorized to use such accommodations
    19  by such hospital shall be deemed to be tenants, or

    20    § 3. Paragraph 11 of subdivision a of section 5 of section 4 of  chap-
    21  ter  576  of  the  laws  of  1974,  constituting  the  emergency  tenant
    22  protection act of nineteen seventy-four, as amended by  chapter  940  of
    23  the laws of 1984, is amended to read as follows:
    24    (11)  housing accommodations which are not occupied by the tenant, not
    25  including subtenants or occupants, as his or her primary  residence,  as
    26  determined  by  a  court of competent jurisdiction.  For the purposes of
    27  determining primary residency, a tenant who  is  a  victim  of  domestic
    28  violence,  as defined in section four hundred fifty-nine-a of the social
    29  services law, who has left the unit because of such  violence,  and  who
    30  asserts an intent to return to the housing accommodation shall be deemed

    31  to  be  occupying  the  unit  as  his  or her primary residence. For the
    32  purposes of this paragraph, where a housing accommodation is rented to a
    33  not-for-profit  hospital  for  residential  use,  affiliated  subtenants
    34  authorized  to  use such accommodations by such hospital shall be deemed
    35  to be tenants. No action or proceeding shall  be  commenced  seeking  to
    36  recover  possession  on  the  ground that a housing accommodation is not
    37  occupied by the tenant as his  or her primary residence unless the owner
    38  or lessor shall have given thirty days notice to the tenant  of  his  or
    39  her intention to commence such action or proceeding on such grounds.
    40    § 4. Paragraph (l) of subdivision 2 of section 2 of chapter 274 of the
    41  laws  of  1946,  constituting the emergency housing rent control law, as

    42  added by chapter 373 of the laws of 1971, is amended to read as follows:
    43    (l) housing accommodations which are not occupied  by  the  tenant  in
    44  possession  as  his or her primary residence provided, however, that any
    45  such housing accommodation shall continue to be subject to rent  control
    46  as  provided  herein unless the commission issues an order decontrolling
    47  such accommodation which the commission shall do upon application by the
    48  landlord, whenever it is established  by  any  facts  and  circumstances
    49  which,  in  the  judgment of the commission, may have a bearing upon the
    50  question of residence, that the tenant  maintains  his  or  her  primary
    51  residence  at  some place other than at such housing accommodation.  For
    52  the purposes of determining primary residency, a tenant who is a  victim

    53  of domestic violence, as defined in section four hundred fifty-nine-a of
    54  the social services law, who has left the unit because of such violence,
    55  and  who  asserts an intent to return to the housing accommodation shall
    56  be deemed to be occupying the unit as his or her primary residence.
        A. 2365--A                          3
 
     1    § 5. The closing paragraph of subdivision 5 of section 1 of chapter 21
     2  of the laws of 1962,  constituting  the  local  emergency  housing  rent
     3  control act, as amended by chapter 82 of the laws of 2003, is amended to
     4  read as follows:
     5    Notwithstanding the foregoing, no local law or ordinance shall subject
     6  to  such  regulation  and control any housing accommodation which is not
     7  occupied by the tenant in possession as his or  her  primary  residence;

     8  provided,  however,  that such housing accommodation not occupied by the
     9  tenant in possession as his or her primary residence shall  continue  to
    10  be  subject  to regulation and control as provided for herein unless the
    11  city housing rent agency issues an  order  decontrolling  such  accommo-
    12  dation, which the agency shall do upon application by the landlord when-
    13  ever  it  is  established  by  any facts and circumstances which, in the
    14  judgment of the agency, may have a bearing upon the  question  of  resi-
    15  dence,  that  the  tenant maintains his or her primary residence at some
    16  place other than at such housing accommodation.   For  the  purposes  of
    17  determining  primary  residency,  a  tenant  who is a victim of domestic
    18  violence, as defined in section four hundred fifty-nine-a of the  social

    19  services  law,  who  has left the unit because of such violence, and who
    20  asserts an intent to return to the housing accommodation shall be deemed
    21  to be occupying the unit as his or her primary residence.
    22    § 6. This act shall take effect immediately, provided, however, that:
    23    (a) the amendments to section 26-403 of the city  rent  and  rehabili-
    24  tation  law  made  by section one of this act shall remain in full force
    25  and effect only as long as the public emergency requiring the regulation
    26  and control of residential rents and evictions continues, as provided in
    27  subdivision 3 of section 1 of the local emergency housing  rent  control
    28  act;
    29    (b) the amendments to section 26-504 of the administrative code of the
    30  city  of  New  York made by section two of this act shall not affect the

    31  expiration of such section and shall be deemed to expire therewith;
    32    (c) the amendment to section 5 of section 4 of chapter 576 of the laws
    33  of 1974 made by section three of this act,  constituting  the  emergency
    34  tenant protection act of nineteen seventy-four, shall expire on the same
    35  date as such act expires and shall not affect the expiration of such act
    36  as  provided  in  section  17  of  chapter  576  of the laws of 1974, as
    37  amended; and
    38    (d) the amendments to paragraph (l) of subdivision 2 of section  2  of
    39  the  emergency housing rent control law made by section four of this act
    40  shall expire on the same date as such law expires and shall  not  affect
    41  the  expiration of such law as provided in subdivision 2 of section 1 of
    42  chapter 274 of the laws of 1946, as amended.