Senate Bill S8283

2009-2010 Legislative Session

Relates to unlawful tenancies under the emergency tenant protection act of 1974

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-S8283 (ACTIVE) - Details

See Assembly Version of this Bill:
A9832
Current Committee:
Senate Rules
Law Section:
Emergency Tenant Protection Act of 1974
Laws Affected:
Add §5-b, amd §12, Emerg Ten Prot Act of 1974; amd §§26-512 & 26-516, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:
2011-2012: S406
2013-2014: S1774
2015-2016: S2829
2017-2018: S3186
2019-2020: S1918
2021-2022: S510
2023-2024: S130

2009-S8283 (ACTIVE) - Summary

Relates to unlawful tenancies under the emergency tenant protection act of 1974; prohibits owners from entering or renewing leases where such owner has reason to know that such tenant will not occupy the housing accommodation as his or her primary residence.

2009-S8283 (ACTIVE) - Sponsor Memo

2009-S8283 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8283

                            I N  S E N A T E

                              June 21, 2010
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the emergency tenant protection act of  nineteen  seven-
  ty-four  and  the  administrative  code  of  the  city of New York, in
  relation to leasing to business and other entities

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 4 of chapter 576 of the laws of 1974 constituting
the emergency tenant protection act of nineteen seventy-four is  amended
by adding a new section 5-b to read as follows:
  S 5-B. TENANCY. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS ACT
OR  THE  PROVISIONS OF ANY CONTRACT, LEASE OR RENTAL AGREEMENT, NO OWNER
OR ANY AGENT THEREOF SHALL ENTER INTO A LEASE, OR OTHER RENTAL AGREEMENT
FOR OCCUPANCY OF A VACANT HOUSING ACCOMMODATION SUBJECT TO THIS  ACT  IF
THE  OWNER  OR ANY AGENT THEREOF HAS REASON TO KNOW THAT THE TENANT WILL
NOT OCCUPY THE HOUSING ACCOMMODATION AS HIS OR HER PRIMARY RESIDENCE, OR
THE TENANT IS A CORPORATION, PARTNERSHIP, OR OTHER BUSINESS OR  NOT-FOR-
PROFIT  ENTITY, PROVIDED, HOWEVER, IF THE TENANT (I) IS A NOT-FOR-PROFIT
CORPORATION, PURSUANT TO THE NOT-FOR-PROFIT  CORPORATION  LAW,  THAT  IS
SOLELY  ENGAGED  IN ACTIVITIES TO PROVIDE HOUSING AND ADDITIONAL SUPPORT
SERVICES, IF ANY, TO LOW-INCOME OR VULNERABLE MEMBERS OF THE POPULATION,
AS DETERMINED BY THE COMMISSIONER OF THE DIVISION OF HOUSING AND  COMMU-
NITY  RENEWAL,  OR  (II) IS A CORPORATION, PARTNERSHIP OR OTHER BUSINESS
THAT IS PROVIDING AN OFFICER, PARTNER, EMPLOYEE OR OTHER NATURAL  PERSON
PARTICIPATING  IN  THE DAY-TO-DAY OPERATIONS WITH A DWELLING UNIT, WHICH
SHALL BE OCCUPIED AS THE INDIVIDUAL'S PRIMARY  RESIDENCE,  AN  OWNER  OR
AGENT  THEREOF  MAY  ENTER  INTO  A LEASE, OR OTHER RENTAL AGREEMENT FOR
OCCUPANCY OF A VACANT HOUSING ACCOMMODATION SUBJECT TO THIS ACT.
  S 2. Clause (i) of paragraph 3 of  subdivision  a  of  section  12  of
section  4 of chapter 576 of the laws of 1974 constituting the emergency
tenant protection act of nineteen seventy-four, as  amended  by  chapter
480 of the laws of 2009, is amended to read as follows:
  (i)  to  have  violated  an order of the division OR SECTION FIVE-B OF
THIS ACT the commissioner may impose by administrative order after hear-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

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