Bill Text: NY S02904 | 2015-2016 | General Assembly | Introduced
Bill Title: Provides for the determination of primary residency of rent regulated housing accommodations based upon the filing of income tax returns and place of voting.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2016-01-06 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S02904 Detail]
Download: New_York-2015-S02904-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2904 2015-2016 Regular Sessions I N S E N A T E January 30, 2015 ___________ Introduced by Sen. YOUNG -- 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 and the emergency tenant protection act of nineteen seventy-four, in relation to determining primary residency of rent regulated housing accommo- dations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Clause 10 of subparagraph (i) of paragraph 2 of subdivision 2 e of section 26-403 of the administrative code of the city of New York, 3 as amended by chapter 422 of the laws of 2010, is amended to read as 4 follows: 5 (10) Housing accommodations not occupied by the tenant, not including 6 subtenants or occupants, as his or her primary residence, as determined 7 by a court of competent jurisdiction. For the purposes of determining 8 primary residency, a tenant who is a victim of domestic violence, as 9 defined in section four hundred fifty-nine-a of the social services law, 10 who has left the unit because of such violence, and who asserts an 11 intent to return to the housing accommodation shall be deemed to be 12 occupying the unit as his or her primary residence. FOR PURPOSES OF 13 DETERMINING PRIMARY RESIDENCY, AS SUCH TERM IS USED IN THIS CHAPTER, 14 THERE SHALL BE A PRESUMPTION, REBUTTABLE BY THE TENANT, THAT THE TENANT 15 DOES NOT OCCUPY SUCH HOUSING ACCOMMODATION AS HIS OR HER PRIMARY RESI- 16 DENCE, WHERE: 17 (I) SUCH TENANT IS REQUIRED BY LAW TO FILE AN INCOME TAX RETURN AND 18 SUCH TENANT EITHER (A) FAILS TO FILE ONE OR MORE CITY RESIDENT INCOME 19 TAX RETURNS OR (B) SUCH TENANT FILES ONE OR MORE FEDERAL, STATE OR LOCAL 20 INCOME TAX RETURNS BASED UPON A RESIDENCE OTHER THAN THE HOUSING ACCOM- 21 MODATION WHICH IS SUBJECT TO THIS CHAPTER, PROVIDED, HOWEVER, THAT WHERE 22 A TENANT IS THE RECIPIENT OF A PROPERTY TAX EXEMPTION OR ANY OTHER TAX EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08598-01-5 S. 2904 2 1 BENEFIT ARISING FROM OR ATTRIBUTABLE TO THE OWNERSHIP OF SUCH OTHER 2 RESIDENCE, THE PRESUMPTION THAT THE TENANT DOES NOT OCCUPY SUCH HOUSING 3 ACCOMMODATION AS HIS OR HER PRIMARY RESIDENCE SHALL NOT BE REBUTTABLE BY 4 SUCH TENANT, OR 5 (II) ONE OR MORE VOTES ARE CAST BY SUCH TENANT DURING THEIR TENANCY IN 6 ANY ELECTION HELD IN ACCORDANCE WITH THE PROVISIONS OF THE ELECTION LAW 7 CONDUCTED IN ANY ELECTION DISTRICT OTHER THAN THE ONE DESIGNATED FOR THE 8 HOUSING ACCOMMODATION SUBJECT TO THIS CHAPTER LOCATED IN THE CITY. No 9 action or proceeding shall be commenced seeking to recover possession on 10 the ground that a housing accommodation is not occupied by the tenant as 11 his or her primary residence unless the owner or lessor shall have given 12 thirty days notice to the tenant of his or her intention to commence 13 such action or proceeding on such grounds. 14 S 2. Subparagraph (f) of paragraph 1 of subdivision a of section 15 26-504 of the administrative code of the city of New York, as amended by 16 chapter 422 of the laws of 2010, is amended to read as follows: 17 (f) not occupied by the tenant, not including subtenants or occupants, 18 as his or her primary residence, as determined by a court of competent 19 jurisdiction[, provided, however that no]. FOR PURPOSES OF DETERMINING 20 PRIMARY RESIDENCY, AS SUCH TERM IS USED IN THIS CHAPTER, THERE SHALL BE 21 A PRESUMPTION, REBUTTABLE BY THE TENANT, THAT THE TENANT DOES NOT OCCUPY 22 SUCH HOUSING ACCOMMODATION AS HIS OR HER PRIMARY RESIDENCE, WHERE: 23 (I) SUCH TENANT IS REQUIRED BY LAW TO FILE AN INCOME TAX RETURN AND 24 SUCH TENANT EITHER (A) FAILS TO FILE ONE OR MORE CITY RESIDENT INCOME 25 TAX RETURNS OR (B) SUCH TENANT FILES ONE OR MORE FEDERAL, STATE OR LOCAL 26 INCOME TAX RETURNS BASED UPON A RESIDENCE OTHER THAN THE HOUSING ACCOM- 27 MODATION WHICH IS SUBJECT TO THIS CHAPTER, PROVIDED, HOWEVER, THAT WHERE 28 A TENANT IS THE RECIPIENT OF A PROPERTY TAX EXEMPTION OR ANY OTHER TAX 29 BENEFIT ARISING FROM OR ATTRIBUTABLE TO THE OWNERSHIP OF SUCH OTHER 30 RESIDENCE, THE PRESUMPTION THAT THE TENANT DOES NOT OCCUPY SUCH HOUSING 31 ACCOMMODATION AS HIS OR HER PRIMARY RESIDENCE SHALL NOT BE REBUTTABLE BY 32 SUCH TENANT, OR 33 (II) ONE OR MORE VOTES ARE CAST BY SUCH TENANT DURING THEIR TENANCY IN 34 ANY ELECTION HELD IN ACCORDANCE WITH THE PROVISIONS OF THE ELECTION LAW 35 CONDUCTED IN ANY ELECTION DISTRICT OTHER THAN THE ONE DESIGNATED FOR THE 36 HOUSING ACCOMMODATION SUBJECT TO THIS CHAPTER LOCATED IN THE CITY. NO 37 action or proceeding shall be commenced seeking to recover possession on 38 the ground that a housing accommodation is not occupied by the tenant as 39 his or her primary residence unless the owner or lessor shall have given 40 thirty days notice to the tenant of his or her intention to commence 41 such action or proceeding on such grounds. SUCH ACTION OR PROCEEDING 42 MAY BE BROUGHT AT ANY TIME DURING THE COURSE OF A TENANT'S LEASE OR ANY 43 RENEWAL LEASE. IN THE EVENT AN ACTION OR PROCEEDING IS COMMENCED PURSU- 44 ANT TO THIS SUBPARAGRAPH PRIOR TO THE DATE THAT AN OFFER OF A RENEWAL 45 LEASE IS OTHERWISE REQUIRED TO BE MADE BY THE OWNER TO THE TENANT, THE 46 COMMENCEMENT OF SUCH ACTION OR PROCEEDING SHALL SUBSTITUTE FOR THE 47 SERVICE OF ANY OTHER NOTICE PERTAINING TO SUCH RENEWAL, INCLUDING BUT 48 NOT LIMITED TO, A NOTICE OF NON-RENEWAL OF SUCH LEASE. For the purposes 49 of determining primary residency, a tenant who is a victim of domestic 50 violence, as defined in section four hundred fifty-nine-a of the social 51 services law, who has left the unit because of such violence, and who 52 asserts an intent to return to the housing accommodation shall be deemed 53 to be occupying the unit as his or her primary residence. For the 54 purposes of this subparagraph where a housing accommodation is rented to 55 a not-for-profit hospital for residential use, affiliated subtenants S. 2904 3 1 authorized to use such accommodations by such hospital shall be deemed 2 to be tenants, or 3 S 3. Paragraph 11 of subdivision a of section 5 of section 4 of chap- 4 ter 576 of the laws of 1974, constituting the emergency tenant 5 protection act of nineteen seventy-four, as amended by chapter 422 of 6 the laws of 2010, is amended to read as follows: 7 (11) housing accommodations which are not occupied by the tenant, not 8 including subtenants or occupants, as his or her primary residence, as 9 determined by a court of competent jurisdiction. FOR PURPOSES OF DETER- 10 MINING PRIMARY RESIDENCY, AS SUCH TERM IS USED IN THIS ACT, THERE SHALL 11 BE A PRESUMPTION, REBUTTABLE BY THE TENANT, THAT THE TENANT DOES NOT 12 OCCUPY SUCH HOUSING ACCOMMODATION AS HIS OR HER PRIMARY RESIDENCE, 13 WHERE: 14 (I) SUCH TENANT IS REQUIRED BY LAW TO FILE AN INCOME TAX RETURN AND 15 SUCH TENANT EITHER (A) FAILS TO FILE ONE OR MORE CITY RESIDENT INCOME 16 TAX RETURNS OR (B) SUCH TENANT FILES ONE OR MORE FEDERAL, STATE OR LOCAL 17 INCOME TAX RETURNS BASED UPON A RESIDENCE OTHER THAN THE HOUSING ACCOM- 18 MODATION WHICH IS SUBJECT TO THIS ACT, PROVIDED, HOWEVER, THAT WHERE A 19 TENANT IS THE RECIPIENT OF A PROPERTY TAX EXEMPTION OR ANY OTHER TAX 20 BENEFIT ARISING FROM OR ATTRIBUTABLE TO THE OWNERSHIP OF SUCH RESIDENCE, 21 THE PRESUMPTION THAT THE TENANT DOES NOT OCCUPY SUCH HOUSING ACCOMMO- 22 DATION AS HIS OR HER PRIMARY RESIDENCE SHALL NOT BE REBUTTABLE BY SUCH 23 TENANT, OR 24 (II) ONE OR MORE VOTES ARE CAST BY SUCH TENANT DURING THEIR TENANCY IN 25 ANY ELECTION HELD IN ACCORDANCE WITH THE PROVISIONS OF THE ELECTION LAW 26 CONDUCTED IN ANY ELECTION DISTRICT OTHER THAN THE ONE DESIGNATED FOR THE 27 HOUSING ACCOMMODATION SUBJECT TO THIS ACT LOCATED IN THE CITY, TOWN OR 28 VILLAGE. SUCH ACTION OR PROCEEDING MAY BE BROUGHT AT ANY TIME DURING 29 THE COURSE OF A TENANT'S LEASE OR ANY RENEWAL LEASE. IN THE EVENT AN 30 ACTION OR PROCEEDING IS COMMENCED PURSUANT TO THIS PARAGRAPH PRIOR TO 31 THE DATE THAT AN OFFER OF A RENEWAL LEASE IS OTHERWISE REQUIRED TO BE 32 MADE BY THE OWNER TO THE TENANT, THE COMMENCEMENT OF SUCH ACTION OR 33 PROCEEDING SHALL SUBSTITUTE FOR THE SERVICE OF ANY OTHER NOTICE PERTAIN- 34 ING TO SUCH RENEWAL, INCLUDING BUT NOT LIMITED TO, A NOTICE OF NON-RENE- 35 WAL OF SUCH LEASE. For the purposes of determining primary residency, a 36 tenant who is a victim of domestic violence, as defined in section four 37 hundred fifty-nine-a of the social services law, who has left the unit 38 because of such violence, and who asserts an intent to return to the 39 housing accommodation shall be deemed to be occupying the unit as his or 40 her primary residence. For the purposes of this paragraph, where a hous- 41 ing accommodation is rented to a not-for-profit hospital for residential 42 use, affiliated subtenants authorized to use such accommodations by such 43 hospital shall be deemed to be tenants. No action or proceeding shall be 44 commenced seeking to recover possession on the ground that a housing 45 accommodation is not occupied by the tenant as his or her primary resi- 46 dence unless the owner or lessor shall have given thirty days notice to 47 the tenant of his or her intention to commence such action or proceeding 48 on such grounds. 49 S 4. This act shall take effect immediately; provided that the amend- 50 ment to section 26-403 of the city rent and rehabilitation law made by 51 section one of this act shall remain in full force and effect only so 52 long as the public emergency requiring the regulation and control of 53 residential rents and evictions continues, as provided in subdivision 3 54 of section 1 of the local emergency housing rent control act; and 55 provided further that the amendment to section 26-504 of the rent 56 stabilization law of nineteen hundred sixty-nine made by section two of S. 2904 4 1 this act shall expire on the same date as such law expires and shall not 2 affect the expiration of such law as provided under section 26-520 of 3 such law; and provided further that the amendment to section 5 of the 4 emergency tenant protection act of nineteen seventy-four made by section 5 three of this act shall expire on the same date as such act expires and 6 shall not affect the expiration of such act as provided in section 17 of 7 chapter 576 of the laws of 1974, as amended.