STATE OF NEW YORK
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6653--A
2017-2018 Regular Sessions
IN SENATE
June 9, 2017
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Introduced by Sens. GOLDEN, BONACIC, HAMILTON -- read twice and ordered
printed, and when printed to be committed to the Committee on Rules --
recommitted to the Committee on Housing, Construction and Community
Development in accordance with Senate Rule 6, sec. 8 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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 eighteen 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 eighteen 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11884-06-8
S. 6653--A 2
1 violence, as defined in section four hundred fifty-nine-a of the social
2 services law, who has left the unit because of such violence, and who
3 asserts an intent to return to the housing accommodation shall be deemed
4 to be occupying the unit as his or her primary residence. For the
5 purposes of this paragraph, where a housing accommodation is rented to a
6 not-for-profit hospital for residential use, affiliated subtenants
7 authorized to use such accommodations by such hospital shall be deemed
8 to be tenants. For the purposes of this paragraph, where a housing
9 accommodation is rented to a not-for-profit for providing, as of and
10 after the effective date of the chapter of the laws of two thousand
11 eighteen that amended this paragraph, permanent or temporary housing to
12 individuals who are or were homeless or at risk of homelessness, affil-
13 iated subtenants authorized to use such accommodations by such not-for-
14 profit shall be deemed to be tenants. No action or proceeding shall be
15 commenced seeking to recover possession on the ground that a housing
16 accommodation is not occupied by the tenant as his or her primary resi-
17 dence unless the owner or lessor shall have given thirty days notice to
18 the tenant of his or her intention to commence such action or proceeding
19 on such grounds.
20 § 2. This act shall take effect immediately; provided, however, that
21 the amendments to paragraphs 10 and 11 of subdivision a of section 5 of
22 the emergency tenant protection act of nineteen seventy-four made by
23 section one of this act shall expire on the same date as such act
24 expires and shall not affect the expiration of such act as provided in
25 section 17 of chapter 576 of the laws of 1974, as amended.