Amd 26-512, NYC Ad Cd; amd 6, Emerg Ten Prot Act of 1974; amd 5, Emerg Hous Rent Cont L
Requires property owners to dedicate certain residential units to rent regulated status following demolition and new construction or substantial renovation.
STATE OF NEW YORK
________________________________________________________________________
1944--A
2023-2024 Regular Sessions
IN SENATE
January 17, 2023
___________
Introduced by Sens. HOYLMAN-SIGAL, BAILEY, KRUEGER, SEPULVEDA, SERRANO
-- read twice and ordered printed, and when printed to be committed to
the Committee on Housing, Construction and Community Development --
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 and the emer-
gency housing rent control law, in relation to requiring property
owners to dedicate certain residential units to the same protected
status the unit previously held following demolition and new
construction or substantial renovation
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 26-512 of the administrative code of the city of
2 New York is amended by adding a new subdivision h to read as follows:
3 h. Notwithstanding any provision of law, rule or regulation to the
4 contrary, if all or a portion of the rent controlled or rent stabilized
5 housing accommodation protected by the emergency tenant protection act
6 of nineteen seventy-four, the emergency housing rent control law, the
7 local emergency housing rent control act, the administrative code of
8 the city of New York and any regulations, rules and policies enacted
9 pursuant thereto, in a residential building are rendered uninhabitable
10 or are vacated due to demolition and new construction or to substantial
11 renovation conducted by or on behalf of the property owner under any of
12 the following circumstances, the property owner shall, upon completion
13 of the new construction or renovation of the building, dedicate an equal
14 number of units, of sizes equivalent to those vacated or rendered
15 uninhabitable, at the rent amount allowable for the units existing
16 prior to the demolition or renovation to the same status the unit
17 previously held as rent controlled or rent stabilized housing accommo-
18 dation protected by the emergency tenant protection act of nineteen
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05389-03-3
S. 1944--A 2
1 seventy-four, the emergency housing rent control law, the local emer-
2 gency housing rent control act, the administrative code of the city
3 of New York and any regulations, rules and policies enacted pursuant
4 thereto. The tenant or tenants in possession immediately prior to such
5 demolition or substantial renovation shall have the right of first
6 refusal for the occupation of such units:
7 (1) demolition or substantial renovation conducted after the property
8 owner filed an application for a building permit with the department of
9 buildings falsely reporting that no tenants occupied the building
10 proposed for demolition or substantial renovation, when tenants, in
11 fact, did occupy the building; or
12 (2) demolition or substantial renovation necessitated due to the
13 negligence of the owner and/or landlord; or
14 (3) demolition or substantial renovation necessitated by illegal code
15 violations; or
16 (4) demolition or substantial renovation authorized pursuant to a
17 project as defined by section three of the urban development corporation
18 act.
19 § 2. Section 6 of section 4 of chapter 576 of the laws of 1974,
20 constituting the emergency tenant protection act of nineteen seventy-
21 four, is amended by adding a new subdivision h to read as follows:
22 h. Notwithstanding any provision of law, rule or regulation to the
23 contrary, if all or a portion of the rent controlled or rent stabilized
24 housing accommodation protected by the emergency tenant protection act
25 of nineteen seventy-four, the emergency housing rent control law, the
26 local emergency housing rent control act, the administrative code of
27 the city of New York and any regulations, rules and policies enacted
28 pursuant thereto, in a residential building are rendered uninhabitable
29 or are vacated due to demolition and new construction or to substantial
30 renovation conducted by or on behalf of the property owner under any of
31 the following circumstances:
32 (1) demolition or substantial renovation conducted after the property
33 owner filed an application for a building permit with the department of
34 buildings falsely reporting that no tenants occupied the building
35 proposed for demolition or substantial renovation, when tenants, in
36 fact, did occupy the building; or
37 (2) demolition or substantial renovation necessitated due to the
38 negligence of the owner and/or landlord; or
39 (3) demolition or substantial renovation necessitated by illegal code
40 violations; or
41 (4) demolition or substantial renovation authorized pursuant to a
42 project as defined by section three of the urban development corporation
43 act, the property owner shall, upon completion of the new construction
44 or renovation of the building, dedicate an equal number of units, of
45 sizes equivalent to those vacated or rendered uninhabitable, at the
46 rent amount allowable for the units existing prior to the demo-
47 lition or renovation to the same status the unit previously held as
48 rent controlled or rent stabilized housing accommodation protected by
49 the emergency tenant protection act of nineteen seventy-four, the
50 emergency housing rent control law, the local emergency housing rent
51 control act, the administrative code of the city of New York and
52 any regulations, rules and policies enacted pursuant thereto. The tenant
53 or tenants in possession immediately prior to such demolition or
54 substantial renovation shall have the right of first refusal for the
55 occupation of such units.
S. 1944--A 3
1 § 3. Section 5 of chapter 274 of the laws of 1946, constituting the
2 emergency housing rent control law, is amended by adding a new subdivi-
3 sion 9 to read as follows:
4 9. Notwithstanding any provision of law, rule or regulation to the
5 contrary, if all or a portion of the rent controlled or rent stabilized
6 housing accommodation protected by the emergency tenant protection act
7 of nineteen seventy-four, the emergency housing rent control law, the
8 local emergency housing rent control act, the administrative code of
9 the city of New York and any regulations, rules and policies enacted
10 pursuant thereto, in a residential building are rendered uninhabitable
11 or are vacated due to demolition and new construction or to substantial
12 renovation conducted by or on behalf of the property owner under any of
13 the following circumstances:
14 (a) demolition or substantial renovation conducted after the property
15 owner filed an application for a building permit with the department of
16 buildings falsely reporting that no tenants occupied the building
17 proposed for demolition or substantial renovation, when tenants, in
18 fact, did occupy the building; or
19 (b) demolition or substantial renovation necessitated due to the
20 negligence of the owner and/or landlord; or
21 (c) demolition or substantial renovation necessitated by illegal code
22 violations; or
23 (d) demolition or substantial renovation authorized pursuant to a
24 project as defined by section three of the urban development corporation
25 act, the property owner shall, upon completion of the new construction
26 or renovation of the building, dedicate an equal number of units, of
27 sizes equivalent to those vacated or rendered uninhabitable, at the
28 rent amount allowable for the units existing prior to the demo-
29 lition or renovation to the same status the unit previously held as
30 rent controlled or rent stabilized housing accommodation protected by
31 the emergency tenant protection act of nineteen seventy-four, the
32 emergency housing rent control law, the local emergency housing rent
33 control act, the administrative code of the city of New York and
34 any regulations, rules and policies enacted pursuant thereto. The
35 tenant or tenants in possession immediately prior to such demolition or
36 substantial renovation shall have the right of first refusal for the
37 occupation of such units.
38 § 4. This act shall take effect immediately; provided, however, that
39 the amendments to section 26-512 of chapter 4 of title 26 of the admin-
40 istrative code of the city of New York made by section one of this act
41 shall expire on the same date as such law expires and shall not affect
42 the expiration of such law as provided under section 26-520 of such law.
