Bill Text: NY A01954 | 2023-2024 | General Assembly | Amended
Bill Title: Expands definition of eligible senior citizen and disabled person to include any member of the tenant's household lawfully occupying the premises as such person's residence who is 62 years of age with respect to condominium and cooperative conversion to provide protection to disabled and senior citizen non-purchasing residents of buildings that undergo cooperative or condominium conversions under an eviction plan even where such residents are not tenants of record in the buildings.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-14 - print number 1954a [A01954 Detail]
Download: New_York-2023-A01954-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1954--A 2023-2024 Regular Sessions IN ASSEMBLY January 23, 2023 ___________ Introduced by M. of A. BICHOTTE HERMELYN -- read once and referred to the Committee on Housing -- recommitted to the Committee on Housing in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the general business law, in relation to senior citizens and disabled persons The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraphs (iii) and (iv) of paragraph (a) of subdivi- 2 sion 2-a of section 352-e of the general business law, as added by chap- 3 ter 771 of the laws of 1983, are amended to read as follows: 4 (iii) "Eligible senior citizens". Non-purchasing tenants who are 5 sixty-two years of age or older on the date the attorney general has 6 accepted the plan for filing, and the spouses of any such tenants on 7 such date, [and who have elected] or any member of the tenant's house- 8 hold, lawfully occupying the premises as such person's residence who is 9 sixty-two years of age or older on such date, provided, in the case of a 10 tenant's household member, that such person has lived in the housing 11 accommodation as such person's residence for a period of no less than 12 one year preceding such date. The tenant must elect, within sixty days 13 of the date the attorney general has accepted the plan for filing, on 14 forms promulgated by the attorney general and presented to such tenants 15 by the offeror, to become non-purchasing tenants under the provisions of 16 this subdivision; provided that such election shall not preclude any 17 such tenant from subsequently purchasing the dwelling unit on the terms 18 then offered to tenants in occupancy. 19 (iv) "Eligible disabled persons". Non-purchasing tenants who have an 20 impairment which results from anatomical, physiological or psychological 21 conditions, other than addiction to alcohol, gambling, or any controlled 22 substance, which are demonstrable by medically acceptable clinical and 23 laboratory diagnostic techniques, and which are expected to be permanent 24 and which [prevent the tenant from engaging in any substantial gainful25employment] substantially limit one or more major life activities on the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03387-02-4A. 1954--A 2 1 date the attorney general has accepted the plan for filing, and the 2 spouses of any such tenants on such date, [and who have elected] or any 3 member of the tenant's household, lawfully occupying the premises as 4 such person's residence, who has such an impairment on such date, 5 provided, in the case of the tenant's household member, that such person 6 has lived in the housing accommodation as such person's residence for a 7 period of no less than one year preceding such date. The tenant must 8 elect, within sixty days of the date the attorney general has accepted 9 the plan for filing, on forms promulgated by the attorney general and 10 presented to such tenants by the offeror, to become non-purchasing 11 tenants under the provisions of this subdivision; provided, however, 12 that if the disability first occurs after acceptance of the plan for 13 filing, then such election may be made within sixty days following the 14 onset of such disability unless during the period subsequent to sixty 15 days following the acceptance of the plan for filing but prior to such 16 election, the offeror accepts a written agreement to purchase the apart- 17 ment from a bona fide purchaser; and provided further that such election 18 shall not preclude any such tenant from subsequently purchasing the 19 dwelling unit or the shares allocated thereto on the terms then offered 20 to tenants in occupancy. 21 § 2. Paragraphs (f) and (g) of subdivision 1 of section 352-eee of the 22 general business law, as added by chapter 402 of the laws of 1983, are 23 amended to read as follows: 24 (f) "Eligible senior citizens". Non-purchasing tenants who are sixty- 25 two years of age or older on the date the plan is declared effective and 26 the spouses of any such tenants on such date; [provided that] or any 27 member of the tenant's household, lawfully occupying the premises as 28 such person's residence who is sixty-two years of age or older on such 29 date, provided, in the case of a tenant's household member, that such 30 person has lived in the housing accommodation as such person's residence 31 for a period of no less than one year preceding such date such tenant 32 shall not be precluded from subsequently purchasing the dwelling unit on 33 the terms then offered to tenants in occupancy. 34 (g) "Eligible disabled persons". Non-purchasing tenants who have an 35 impairment which results from anatomical, physiological or psychological 36 conditions, other than addiction to alcohol, gambling, or any controlled 37 substance, which are demonstrable by medically acceptable clinical and 38 laboratory diagnostic techniques, and which are expected to be permanent 39 and which [prevent the tenant from engaging in any substantial gainful40employment] substantially limit one or more major life activities on the 41 date the attorney general has accepted the plan for filing, and the 42 spouses of any such tenants on such date, [and who have elected] or any 43 member of the tenant's household, lawfully occupying the premises as 44 such person's residence who has such an impairment on such date, 45 provided, in the case of the tenant's household member, that such person 46 has lived in the housing accommodation as such person's residence for a 47 period of no less than one year preceding such date. The tenant must 48 elect, within sixty days of the date the attorney general has accepted 49 the plan for filing, on forms promulgated by the attorney general and 50 presented to such tenants by the offeror, to become non-purchasing 51 tenants under the provisions of this section; provided, however, that if 52 the disability first occurs after acceptance of the plan for filing, 53 then such election may be made within sixty days following the onset of 54 such disability unless during the period subsequent to sixty days 55 following the acceptance of the plan for filing but prior to such 56 election, the offeror accepts a written agreement to purchase the apart-A. 1954--A 3 1 ment from a bona fide purchaser; and provided further that such election 2 shall not preclude any such tenant from subsequently purchasing the 3 dwelling unit or the shares allocated thereto on the terms then offered 4 to tenants in occupancy. 5 § 3. Paragraphs (f) and (g) of subdivision 1 of section 352-eeee of 6 the general business law, as amended by section 1 of part N of chapter 7 36 of the laws of 2019, are amended to read as follows: 8 (f) "Eligible senior citizens". Non-purchasing tenants who are sixty- 9 two years of age or older on the date the plan is submitted to the 10 department of law or on the date the attorney general has accepted the 11 plan for filing, and the spouses of any such tenants on such date, [and12who have elected] or any member of the tenant's household, lawfully 13 occupying the premises as such person's residence who is sixty-two years 14 of age or older on such date, provided, in the case of a tenant's house- 15 hold member, that such person has lived in the housing accommodation as 16 such person's residence for a period of no less than one year preceding 17 such date. The tenant must elect, within sixty days of the date the plan 18 is submitted to the department of law or on the date the attorney gener- 19 al has accepted the plan for filing, on forms promulgated by the attor- 20 ney general and presented to such tenants by the offeror, to become 21 non-purchasing tenants under the provisions of this section; provided 22 that such election shall not preclude any such tenant from subsequently 23 purchasing the dwelling unit on the terms then offered to tenants in 24 occupancy. 25 (g) "Eligible disabled persons". Non-purchasing tenants who have an 26 impairment which results from anatomical, physiological or psychological 27 conditions, other than addiction to alcohol, gambling, or any controlled 28 substance, which are demonstrable by medically acceptable clinical and 29 laboratory diagnostic techniques, and which are expected to be permanent 30 and which [prevent the tenant from engaging in any substantial gainful31employment] are expected to be permanent and which substantially limit 32 one or more major life activities on the date the plan is submitted to 33 the department of law or on the date the attorney general has accepted 34 the plan for filing, and the spouses of any such tenants on such date, 35 [and who have elected] or any member of the tenant's household, 36 lawfully occupying the premises as such person's residence on such date, 37 provided in the case of a tenant's household member, that such person 38 has lived in the housing accommodation as such person's residence for a 39 period of no less than one year preceding such date. The tenant must 40 elect, within sixty days of the date the plan is submitted to the 41 department of law or on the date the attorney general has accepted the 42 plan for filing, on forms promulgated by the attorney general and 43 presented to such tenants by the offeror, to become non-purchasing 44 tenants under the provisions of this section; provided, however, that if 45 the disability first occurs after acceptance of the plan for filing, 46 then such election may be made within sixty days following the onset of 47 such disability unless during the period subsequent to sixty days 48 following the acceptance of the plan for filing but prior to such 49 election, the offeror accepts a written agreement to purchase the apart- 50 ment from a bona fide purchaser; and provided further that such election 51 shall not preclude any such tenant from subsequently purchasing the 52 dwelling unit or the shares allocated thereto on the terms then offered 53 to tenants in occupancy. 54 § 4. This act shall take effect immediately.
