Bill Text: NY S08574 | 2017-2018 | General Assembly | Introduced

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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) 2018-05-10 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S08574 Detail]

Download: New_York-2017-S08574-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8574
                    IN SENATE
                                      May 10, 2018
                                       ___________
        Introduced  by  Sen. HOYLMAN -- 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.
    22    § 2. Section 6 of section 4 of  chapter  576  of  the  laws  of  1974,
    23  constituting  the  emergency  tenant protection act of nineteen seventy-
    24  four, is amended by adding a new subdivision h to read as follows:
    25    h. Notwithstanding any provision of law, rule  or  regulation  to  the
    26  contrary,  if all or a portion of the rent regulated units in a residen-
    27  tial building are rendered uninhabitable or are vacated due  to  demoli-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15295-01-8
        S. 8574                             2
     1  tion  and  new construction or to substantial renovation conducted by or
     2  on behalf of the property owner  under  any  of  the  following  circum-
     3  stances,   the   property  owner  shall,  upon  completion  of  the  new
     4  construction  or  renovation of the building, dedicate to rent regulated
     5  status an equal number of units, of sizes equivalent to those vacated or
     6  rendered uninhabitable, at the  rent  amount  allowable  for  the  units
     7  existing prior to the demolition or renovation:
     8    (1)  demolition or substantial renovation conducted after the property
     9  owner filed an application for a building permit with the department  of
    10  buildings  falsely  reporting  that  no  tenants  occupied  the building
    11  proposed for demolition or  substantial  renovation,  when  tenants,  in
    12  fact, did occupy the building; or
    13    (2)  demolition  or  substantial  renovation  necessitated  due to the
    14  negligence of the owner and/or landlord; or
    15    (3) demolition or substantial renovation necessitated by illegal  code
    16  violations.
    17    §  3.  Section  5 of chapter 274 of the laws of 1946, constituting the
    18  emergency housing rent control law, is amended by adding a new  subdivi-
    19  sion 10 to read as follows:
    20    10.  Notwithstanding  any  provision of law, rule or regulation to the
    21  contrary, if all or a portion of the rent regulated units in a  residen-
    22  tial  building  are rendered uninhabitable or are vacated due to demoli-
    23  tion and new construction or to substantial renovation conducted  by  or
    24  on  behalf  of  the  property  owner  under any of the following circum-
    25  stances,  the  property  owner  shall,  upon  completion  of   the   new
    26  construction  or  renovation of the building, dedicate to rent regulated
    27  status an equal number of units, of sizes equivalent to those vacated or
    28  rendered uninhabitable, at the  rent  amount  allowable  for  the  units
    29  existing prior to the demolition or renovation:
    30    (a)  demolition or substantial renovation conducted after the property
    31  owner filed an application for a building permit with the department  of
    32  buildings  falsely  reporting  that  no  tenants  occupied  the building
    33  proposed for demolition or  substantial  renovation,  when  tenants,  in
    34  fact, did occupy the building; or
    35    (b)  demolition  or  substantial  renovation  necessitated  due to the
    36  negligence of the owner and/or landlord; or
    37    (c) demolition or substantial renovation necessitated by illegal  code
    38  violations.
    39    § 4. This act shall take effect immediately; provided, however, that:
    40    a.  the  amendments  to section 26-512 of chapter 4 of title 26 of the
    41  administrative code of the city of New York made by section one of  this
    42  act  shall  expire  on  the  same date as such law expires and shall not
    43  affect the expiration of such law as provided under  section  26-520  of
    44  such law;
    45    b.  the  amendments  to section 6 of section 4 of the emergency tenant
    46  protection act of nineteen seventy-four made by section two of this  act
    47  shall  expire  on the same date as such act expires and shall not affect
    48  the expiration of such act as provided in section 17 of chapter  576  of
    49  the laws of 1974; and
    50    c.  the  amendments to section 4 of the emergency housing rent control
    51  law made by section three of this act shall expire on the same  date  as
    52  such  law  expires  and  shall  not affect the expiration of such law as
    53  provided in subdivision 2 of section 1 of chapter 274  of  the  laws  of
    54  1946.