Bill Text: NY S03176 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to renewal of a lease under the stabilization code promulgated by the real estate industry stabilization association; defines demolish.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S03176 Detail]

Download: New_York-2013-S03176-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3176
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   January 31, 2013
                                      ___________
       Introduced  by  Sens. KRUEGER, AVELLA -- 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, in
         relation to renewal of a lease under the stabilization code
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subparagraph (a) of paragraph 9 of subdivision c of section
    2  26-511  of the administrative code of the city of New York is amended to
    3  read as follows:
    4    (a) (1) where [he or she] THE OWNER HAS ESTABLISHED TO  THE  SATISFAC-
    5  TION  OF  THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, AFTER A HEARING
    6  AT WHICH ALL PARTIES MAY PRESENT EVIDENCE THAT THE SUBJECT  BUILDING  IS
    7  IN A SUBSTANDARD OR SERIOUSLY DETERIORATED CONDITION, AND THAT THE OWNER
    8  intends  in  good  faith  to  demolish  the building and [has obtained a
    9  permit therefor from the department of buildings] SUBMITS PROOF PRIOR TO
   10  FILING THE APPLICATION  WITH  THE  DIVISION  OF  HOUSING  AND  COMMUNITY
   11  RENEWAL  THAT  PLANS  AND  IF  POSSIBLE,  THE NECESSARY PERMITS, FOR THE
   12  UNDERTAKING HAVE BEEN APPROVED BY AND OBTAINED FROM  THE  DEPARTMENT  OF
   13  BUILDINGS.    SUCH APPLICATION SHALL BE FILED AT LEAST NINETY DAYS PRIOR
   14  TO THE EXPIRATION OF THE LEASE TERM; FOR THE PURPOSE  OF  THIS  SUBPARA-
   15  GRAPH,  "DEMOLISH"  MEANS  THE  COMPLETE  RAZING OF THE ENTIRE BUILDING,
   16  INCLUDING ALL EXTERIOR WALLS, IN ORDER TO CONSTRUCT A NEW BUILDING  WITH
   17  THE SAME OR GREATER NUMBER OF RENTAL HOUSING UNITS;
   18    (2)  THE  ORDER  GRANTING  THE  OWNER'S  DEMOLITION  APPLICATION SHALL
   19  PROVIDE THAT THE OWNER MUST, AT THE TENANT'S OPTION, EITHER:  (I)  RELO-
   20  CATE  THE  TENANT  TO  AN EQUIVALENT OR SUPERIOR RENT STABILIZED HOUSING
   21  ACCOMMODATION IN A CLOSELY PROXIMATE  AREA,  OR  IF  A  NEW  RESIDENTIAL
   22  BUILDING  IS BEING CONSTRUCTED ON THE SITE PROVIDE THE TENANT WITH SUIT-
   23  ABLE INTERIM HOUSING AT NO ADDITIONAL COST UNTIL A UNIT IS AVAILABLE  IN
   24  THE  NEW  BUILDING; PROVIDE THAT THE AMOUNT OF RENT CHARGED FOR THE UNIT
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00870-01-3
       S. 3176                             2
    1  SHALL BE AT THE SAME OR LOWER LEGAL  REGULATED  RENT;  AND  PROVIDE  THE
    2  TENANT,  IN  ADDITION  TO  REASONABLE MOVING EXPENSES, PAYMENT OF A FIVE
    3  THOUSAND DOLLAR STIPEND, PROVIDED THE TENANT VACATES ON  OR  BEFORE  THE
    4  VACATE  DATE  REQUIRED BY THE FINAL ORDER; OR (II) PROVIDE RELOCATION OF
    5  THE TENANT TO A SUITABLE HOUSING ACCOMMODATION AT A RENT  IN  EXCESS  OF
    6  THAT FOR THE SUBJECT HOUSING ACCOMMODATION; PROVIDE THE TENANT, IN ADDI-
    7  TION TO REASONABLE MOVING EXPENSES, A STIPEND EQUAL TO THE DIFFERENCE OF
    8  THE RENT CHARGED AT THE HOUSING ACCOMMODATION BEING VACATED AND THE RENT
    9  CHARGED FOR THE HOUSING ACCOMMODATION TO WHICH THE TENANT IS RELOCATING,
   10  MULTIPLIED  BY  SEVENTY-TWO  MONTHS,  PROVIDED  THE TENANT VACATES ON OR
   11  BEFORE THE VACATE DATE REQUIRED BY THE FINAL ORDER;  OR  (III)  PAY  THE
   12  TENANT  A  STIPEND  WHICH  SHALL  BE THE DIFFERENCE BETWEEN THE TENANT'S
   13  CURRENT RENT AND AN AMOUNT TO BE CALCULATED USING THE DEMOLITION STIPEND
   14  CHART, CREATED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL,  MULTI-
   15  PLIED BY SEVENTY-TWO MONTHS; or
   16    S  2.  This  act  shall take effect immediately and shall apply to any
   17  tenant in possession on or after such effective date and to  any  action
   18  or proceeding pending in any court and to any application, complaint, or
   19  proceeding  pending  before  an  administrative agency on such effective
   20  date, as well as to  any  action  or  proceeding  commenced  thereafter;
   21  provided, however that the amendments to subparagraph (a) of paragraph 9
   22  of  subdivision  c  of  section  26-511  of chapter 4 of title 26 of the
   23  administrative code of the city of New York made by section one of  this
   24  act  shall  expire  on  the  same date as such law expires and shall not
   25  affect the expiration of such law as provided under  section  26-520  of
   26  such law.