Bill Text: NY S02252 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires property owners to dedicate certain residential units to rent regulated status following demolition and new construction or substantial renovation.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S02252 Detail]

Download: New_York-2019-S02252-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          2252
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 23, 2019
                                       ___________
        Introduced  by  Sens.  HOYLMAN, BAILEY, KRUEGER, SEPULVEDA -- 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 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 rent regulated  status
          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 g to read as follows:
     3    g.  Notwithstanding  any  provision  of law, rule or regulation to the
     4  contrary, if all or a portion of the rent regulated units in a  residen-
     5  tial  building  are rendered uninhabitable or are vacated due to demoli-
     6  tion and new construction or to substantial renovation conducted  by  or
     7  on  behalf  of  the  property  owner  under any of the following circum-
     8  stances,  the  property  owner  shall,  upon  completion  of   the   new
     9  construction  or  renovation of the building, dedicate to rent regulated
    10  status an equal number of units, of sizes equivalent to those vacated or
    11  rendered uninhabitable, at the  rent  amount  allowable  for  the  units
    12  existing prior to the demolition or renovation:
    13    (1)  demolition or substantial renovation conducted after the property
    14  owner filed an application for a building permit with the department  of
    15  buildings  falsely  reporting  that  no  tenants  occupied  the building
    16  proposed for demolition or  substantial  renovation,  when  tenants,  in
    17  fact, did occupy the building; or
    18    (2)  demolition  or  substantial  renovation  necessitated  due to the
    19  negligence of the owner and/or landlord; or
    20    (3) demolition or substantial renovation necessitated by illegal  code
    21  violations.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08559-01-9

        S. 2252                             2
     1    §  2.  Section  6  of  section  4  of chapter 576 of the laws of 1974,
     2  constituting the emergency tenant protection act  of  nineteen  seventy-
     3  four, is amended by adding a new subdivision h to read as follows:
     4    h.  Notwithstanding  any  provision  of law, rule or regulation to the
     5  contrary, if all or a portion of the rent regulated units in a  residen-
     6  tial  building  are rendered uninhabitable or are vacated due to demoli-
     7  tion and new construction or to substantial renovation conducted  by  or
     8  on  behalf  of  the  property  owner  under any of the following circum-
     9  stances,  the  property  owner  shall,  upon  completion  of   the   new
    10  construction  or  renovation of the building, dedicate to rent regulated
    11  status an equal number of units, of sizes equivalent to those vacated or
    12  rendered uninhabitable, at the  rent  amount  allowable  for  the  units
    13  existing prior to the demolition or renovation:
    14    (1)  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    (2)  demolition  or  substantial  renovation  necessitated  due to the
    20  negligence of the owner and/or landlord; or
    21    (3) demolition or substantial renovation necessitated by illegal  code
    22  violations.
    23    §  3.  Section  5 of chapter 274 of the laws of 1946, constituting the
    24  emergency housing rent control law, is amended by adding a new  subdivi-
    25  sion 10 to read as follows:
    26    10.  Notwithstanding  any  provision of law, rule or regulation to the
    27  contrary, if all or a portion of the rent regulated units in a  residen-
    28  tial  building  are rendered uninhabitable or are vacated due to demoli-
    29  tion and new construction or to substantial renovation conducted  by  or
    30  on  behalf  of  the  property  owner  under any of the following circum-
    31  stances,  the  property  owner  shall,  upon  completion  of   the   new
    32  construction  or  renovation of the building, dedicate to rent regulated
    33  status an equal number of units, of sizes equivalent to those vacated or
    34  rendered uninhabitable, at the  rent  amount  allowable  for  the  units
    35  existing prior to the demolition or renovation:
    36    (a)  demolition or substantial renovation conducted after the property
    37  owner filed an application for a building permit with the department  of
    38  buildings  falsely  reporting  that  no  tenants  occupied  the building
    39  proposed for demolition or  substantial  renovation,  when  tenants,  in
    40  fact, did occupy the building; or
    41    (b)  demolition  or  substantial  renovation  necessitated  due to the
    42  negligence of the owner and/or landlord; or
    43    (c) demolition or substantial renovation necessitated by illegal  code
    44  violations.
    45    § 4. This act shall take effect immediately; provided, however, that:
    46    a.  the  amendments  to section 26-512 of chapter 4 of title 26 of the
    47  administrative code of the city of New York made by section one of  this
    48  act  shall  expire  on  the  same date as such law expires and shall not
    49  affect the expiration of such law as provided under  section  26-520  of
    50  such law;
    51    b.  the  amendments  to section 6 of section 4 of the emergency tenant
    52  protection act of nineteen seventy-four made by section two of this  act
    53  shall  expire  on the same date as such act expires and shall not affect
    54  the expiration of such act as provided in section 17 of chapter  576  of
    55  the laws of 1974; and

        S. 2252                             3
     1    c.  the  amendments to section 4 of the emergency housing rent control
     2  law made by section three of this act shall expire on the same  date  as
     3  such  law  expires  and  shall  not affect the expiration of such law as
     4  provided in subdivision 2 of section 1 of chapter 274  of  the  laws  of
     5  1946.
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