Add §5-b, amd §12, Emerg Ten Prot Act of 1974; amd §§26-512 & 26-516, NYC Ad Cd
Relates to unlawful tenancies under the emergency tenant protection act of 1974; prohibits owners from entering or renewing leases where such owner has reason to know that such tenant will not occupy the housing accommodation as his or her primary residence.
STATE OF NEW YORK
________________________________________________________________________
130
2023-2024 Regular Sessions
IN SENATE(Prefiled)
January 4, 2023
___________
Introduced by Sens. KRUEGER, HOYLMAN, LIU, SERRANO -- read twice and
ordered printed, and when printed to be committed to the Committee on
Housing, Construction and Community Development
AN ACT to amend the emergency tenant protection act of nineteen seven-
ty-four and the administrative code of the city of New York, in
relation to leasing to business and other entities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 4 of chapter 576 of the laws of 1974 constituting
2 the emergency tenant protection act of nineteen seventy-four is amended
3 by adding a new section 5-b to read as follows:
4 § 5-b. Tenancy. Notwithstanding any inconsistent provision of this act
5 or the provisions of any contract, lease or rental agreement, no owner
6 or any agent thereof shall enter into a lease, or other rental agreement
7 for occupancy of a vacant housing accommodation subject to this act if
8 the owner or any agent thereof has reason to know that the tenant will
9 not occupy the housing accommodation as his or her primary residence, or
10 the tenant is a corporation, partnership, or other business or not-for-
11 profit entity, provided, however, if the tenant (i) is a not-for-profit
12 corporation, pursuant to the not-for-profit corporation law, that is
13 solely engaged in activities to provide housing and additional support
14 services, if any, to low-income or vulnerable members of the population,
15 as determined by the commissioner of the division of housing and commu-
16 nity renewal, or (ii) is a corporation, partnership or other business
17 that is providing an officer, partner, employee or other natural person
18 participating in the day-to-day operations with a dwelling unit, which
19 shall be occupied as the individual's primary residence, an owner or
20 agent thereof may enter into a lease, or other rental agreement for
21 occupancy of a vacant housing accommodation subject to this act.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01073-01-3
S. 130 2
1 § 2. Clause (i) of paragraph 3 of subdivision a of section 12 of
2 section 4 of chapter 576 of the laws of 1974 constituting the emergency
3 tenant protection act of nineteen seventy-four, as amended by section 27
4 of part A of chapter 20 of the laws of 2015, is amended to read as
5 follows:
6 (i) to have violated an order of the division or section five-b of
7 this act the commissioner may impose by administrative order after hear-
8 ing, a civil penalty at minimum in the amount of one thousand but not to
9 exceed two thousand dollars for the first such offense, and at minimum
10 in the amount of two thousand but not to exceed three thousand dollars
11 for each subsequent offense; or
12 § 3. Section 26-512 of the administrative code of the city of New York
13 is amended by adding a new subdivision h to read as follows:
14 h. Notwithstanding any inconsistent provision of law or the provisions
15 of any contract, lease or rental agreement, no owner or any agent there-
16 of shall enter into a lease, or other rental agreement for occupancy of
17 a vacant housing accommodation subject to this chapter if the owner or
18 any agent thereof has reason to know that the tenant will not occupy the
19 housing accommodation as his or her primary residence, or the tenant is
20 a corporation, partnership, or other business or not-for-profit entity,
21 provided, however, if the tenant (i) is a not-for-profit corporation,
22 pursuant to the not-for-profit corporation law, that is solely engaged
23 in activities to provide housing and additional support services, if
24 any, to low-income or vulnerable members of the population, as deter-
25 mined by the commissioner of the division of housing and community
26 renewal, or (ii) is a corporation, partnership or other business that is
27 providing an officer, partner, employee or other natural person partic-
28 ipating in the day-to-day operations with a dwelling unit, which shall
29 be occupied as the individual's primary residence, an owner or agent
30 thereof may enter into a lease, or other rental agreement for occupancy
31 of a vacant housing accommodation subject to this chapter.
32 § 4. Paragraph 1 of subdivision c of section 26-516 of the administra-
33 tive code of the city of New York, as amended by section 23 of part A of
34 chapter 20 of the laws of 2015, is amended to read as follows:
35 (1) to have violated an order of the division or subdivision f of
36 section 26-512 of this chapter the commissioner may impose by adminis-
37 trative order after hearing, a civil penalty at minimum in the amount of
38 one thousand but not to exceed two thousand dollars for the first such
39 offense, and at a minimum in the amount of two thousand but not to
40 exceed three thousand dollars for each subsequent offense; or
41 § 5. Severability. If any provision of this act, or any application of
42 any provision of this act, is held to be invalid, that shall not affect
43 the validity or effectiveness of any other provision of this act, any
44 other application of any provision of this act, or any other provision
45 of any law or code amended by this act.
46 § 6. This act shall take effect on the sixtieth day after it shall
47 have become a law; provided that, the amendments to sections 26-512 and
48 26-516 of the administrative code of the city of New York made by
49 sections three and four of this act shall expire on the same date as
50 such sections expire and shall not affect the expiration of such
51 sections as provided in section 26-520 of such code.
