Bill Text: NY A03513 | 2023-2024 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - referred to housing [A03513 Detail]
Download: New_York-2023-A03513-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3513 2023-2024 Regular Sessions IN ASSEMBLY February 3, 2023 ___________ Introduced by M. of A. L. ROSENTHAL -- read once and referred to the Committee on Housing 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. 22 § 2. Clause (i) of paragraph 3 of subdivision a of section 12 of 23 section 4 of chapter 576 of the laws of 1974 constituting the emergency 24 tenant protection act of nineteen seventy-four, as amended by section 27 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01073-01-3A. 3513 2 1 of part A of chapter 20 of the laws of 2015, is amended to read as 2 follows: 3 (i) to have violated an order of the division or section five-b of 4 this act the commissioner may impose by administrative order after hear- 5 ing, a civil penalty at minimum in the amount of one thousand but not to 6 exceed two thousand dollars for the first such offense, and at minimum 7 in the amount of two thousand but not to exceed three thousand dollars 8 for each subsequent offense; or 9 § 3. Section 26-512 of the administrative code of the city of New York 10 is amended by adding a new subdivision h to read as follows: 11 h. Notwithstanding any inconsistent provision of law or the provisions 12 of any contract, lease or rental agreement, no owner or any agent there- 13 of shall enter into a lease, or other rental agreement for occupancy of 14 a vacant housing accommodation subject to this chapter if the owner or 15 any agent thereof has reason to know that the tenant will not occupy the 16 housing accommodation as his or her primary residence, or the tenant is 17 a corporation, partnership, or other business or not-for-profit entity, 18 provided, however, if the tenant (i) is a not-for-profit corporation, 19 pursuant to the not-for-profit corporation law, that is solely engaged 20 in activities to provide housing and additional support services, if 21 any, to low-income or vulnerable members of the population, as deter- 22 mined by the commissioner of the division of housing and community 23 renewal, or (ii) is a corporation, partnership or other business that is 24 providing an officer, partner, employee or other natural person partic- 25 ipating in the day-to-day operations with a dwelling unit, which shall 26 be occupied as the individual's primary residence, an owner or agent 27 thereof may enter into a lease, or other rental agreement for occupancy 28 of a vacant housing accommodation subject to this chapter. 29 § 4. Paragraph 1 of subdivision c of section 26-516 of the administra- 30 tive code of the city of New York, as amended by section 23 of part A of 31 chapter 20 of the laws of 2015, is amended to read as follows: 32 (1) to have violated an order of the division or subdivision f of 33 section 26-512 of this chapter the commissioner may impose by adminis- 34 trative order after hearing, a civil penalty at minimum in the amount of 35 one thousand but not to exceed two thousand dollars for the first such 36 offense, and at a minimum in the amount of two thousand but not to 37 exceed three thousand dollars for each subsequent offense; or 38 § 5. Severability. If any provision of this act, or any application of 39 any provision of this act, is held to be invalid, that shall not affect 40 the validity or effectiveness of any other provision of this act, any 41 other application of any provision of this act, or any other provision 42 of any law or code amended by this act. 43 § 6. This act shall take effect on the sixtieth day after it shall 44 have become a law; provided that, the amendments to sections 26-512 and 45 26-516 of the administrative code of the city of New York made by 46 sections three and four of this act shall expire on the same date as 47 such sections expire and shall not affect the expiration of such 48 sections as provided in section 26-520 of such code.
