A07115 Summary:

BILL NOA07115
 
SAME ASSAME AS S03703
 
SPONSORJoyner
 
COSPNSRDe La Rosa, Simon, Aubry, Rosenthal D, Jaffee, Barron, Seawright, Niou, Colton, Epstein, Mosley
 
MLTSPNSR
 
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.
Go to top    

A07115 Actions:

BILL NOA07115
 
04/09/2019referred to housing
Go to top

A07115 Committee Votes:

Go to top

A07115 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

A07115 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7115
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                      April 9, 2019
                                       ___________
 
        Introduced by M. of A. JOYNER -- 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
    24  to be occupying the unit as  his  or  her  primary  residence.  For  the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09364-01-9

        A. 7115                             2
 
     1  purposes of this paragraph, where a housing accommodation is rented to a
     2  not-for-profit  hospital  for  residential  use,  affiliated  subtenants
     3  authorized to use such accommodations by such hospital shall  be  deemed
     4  to  be  tenants.  For  the  purposes  of this paragraph, where a housing
     5  accommodation is rented to a not-for-profit for  providing,  as  of  and
     6  after  the  effective  date  of  the chapter of the laws of two thousand
     7  nineteen that amended this paragraph, permanent or temporary housing  to
     8  individuals  who are or were homeless or at risk of homelessness, affil-
     9  iated subtenants authorized to use such accommodations by such  not-for-
    10  profit  shall  be deemed to be tenants. No action or proceeding shall be
    11  commenced seeking to recover possession on the  ground  that  a  housing
    12  accommodation is not occupied by the tenant as his  or her primary resi-
    13  dence  unless the owner or lessor shall have given thirty days notice to
    14  the tenant of his or her intention to commence such action or proceeding
    15  on such grounds.
    16    § 2. This act shall take effect immediately; provided,  however,  that
    17  the  amendments to paragraphs 10 and 11 of subdivision a of section 5 of
    18  the emergency tenant protection act of  nineteen  seventy-four  made  by
    19  section  one  of  this  act  shall  expire  on the same date as such act
    20  expires and shall not affect the expiration of such act as  provided  in
    21  section 17 of chapter 576 of the laws of 1974, as amended.
Go to top