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A05409 Summary:

BILL NOA05409
 
SAME ASSAME AS S03703, SAME AS A07115
 
SPONSORCymbrowitz (MS)
 
COSPNSRBarron, Arroyo, Simon, Dickens, De La Rosa, Colton, Seawright, Hevesi
 
MLTSPNSRDenDekker
 
Amd §5, Emerg Ten Prot Act of 1974
 
Relates to not-for-profits' use of certain residential dwellings for individuals who are or were homeless or at risk of homelessness.
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A05409 Actions:

BILL NOA05409
 
02/11/2019referred to housing
04/09/2019enacting clause stricken
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A05409 Committee Votes:

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A05409 Floor Votes:

There are no votes for this bill in this legislative session.
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A05409 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5409
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 11, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  CYMBROWITZ,  BARRON, ARROYO, SIMON, DICKENS,
          DE LA ROSA, COLTON, SEAWRIGHT  --  Multi-Sponsored  by  --  M.  of  A.
          DenDEKKER -- read once and referred to the Committee on Housing
 
        AN  ACT  to amend the emergency tenant protection act of nineteen seven-
          ty-four, in relation to not-for-profits' use  of  certain  residential
          dwellings
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraphs 10 and 11 of  subdivision  a  of  section  5  of
     2  section 4 of chapter 576 of the laws of 1974, constituting the emergency
     3  tenant  protection act of nineteen seventy-four, paragraph 11 as amended
     4  by chapter 422 of the laws of 2010, are amended to read as follows:
     5    (10) housing accommodations  in  buildings  operated  exclusively  for
     6  charitable purposes on a non-profit basis except for permanent or tempo-
     7  rary housing accommodations provided, as of and after the effective date
     8  of  the  chapter  of the laws of two thousand nineteen that amended this
     9  paragraph, to individuals who are or were homeless or at risk  of  home-
    10  lessness; provided, however, that terms of leases in existence as of the
    11  effective  date of the chapter of the laws of two thousand nineteen that
    12  amended this paragraph, shall not be affected, and further provided that
    13  upon the vacancy of such housing  accommodations,  the  legal  regulated
    14  rent  for  such housing accommodations shall be the legal regulated rent
    15  paid for such housing accommodation by the prior tenant, subject only to
    16  any adjustment adopted by the applicable rent guidelines board;
    17    (11) housing accommodations which are not occupied by the tenant,  not
    18  including  subtenants  or occupants, as his or her primary residence, as
    19  determined by a court of competent jurisdiction.  For  the  purposes  of
    20  determining  primary  residency,  a  tenant  who is a victim of domestic
    21  violence, as defined in section four hundred fifty-nine-a of the  social
    22  services  law,  who  has left the unit because of such violence, and who
    23  asserts an intent to return to the housing accommodation shall be deemed
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09364-01-9

        A. 5409                             2
 
     1  to be occupying the unit as  his  or  her  primary  residence.  For  the
     2  purposes of this paragraph, where a housing accommodation is rented to a
     3  not-for-profit  hospital  for  residential  use,  affiliated  subtenants
     4  authorized  to  use such accommodations by such hospital shall be deemed
     5  to be tenants. For the purposes  of  this  paragraph,  where  a  housing
     6  accommodation  is  rented  to  a not-for-profit for providing, as of and
     7  after the effective date of the chapter of  the  laws  of  two  thousand
     8  nineteen  that amended this paragraph, permanent or temporary housing to
     9  individuals who are or were homeless or at risk of homelessness,  affil-
    10  iated  subtenants authorized to use such accommodations by such not-for-
    11  profit shall be deemed to be tenants. No action or proceeding  shall  be
    12  commenced  seeking  to  recover  possession on the ground that a housing
    13  accommodation is not occupied by the tenant as his  or her primary resi-
    14  dence unless the owner or lessor shall have given thirty days notice  to
    15  the tenant of his or her intention to commence such action or proceeding
    16  on such grounds.
    17    §  2.  This act shall take effect immediately; provided, however, that
    18  the amendments to paragraphs 10 and 11 of subdivision a of section 5  of
    19  the  emergency  tenant  protection  act of nineteen seventy-four made by
    20  section one of this act shall expire  on  the  same  date  as  such  act
    21  expires  and  shall not affect the expiration of such act as provided in
    22  section 17 of chapter 576 of the laws of 1974, as amended.
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