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.
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