senate Bill S5041

Amended

Provides for the determination of primary residency of rent regulated housing accommodations based upon the filing of income tax returns and place of voting

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 03 / May / 2011
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 02 / Jun / 2011
    • 1ST REPORT CAL.927
  • 06 / Jun / 2011
    • 2ND REPORT CAL.
  • 07 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 22 / Jun / 2011
    • PASSED SENATE
  • 22 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 22 / Jun / 2011
    • REFERRED TO HOUSING
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 03 / Feb / 2012
    • AMEND AND RECOMMIT TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 03 / Feb / 2012
    • PRINT NUMBER 5041A
  • 30 / Apr / 2012
    • 1ST REPORT CAL.602
  • 01 / May / 2012
    • 2ND REPORT CAL.
  • 02 / May / 2012
    • ADVANCED TO THIRD READING
  • 05 / Jun / 2012
    • PASSED SENATE
  • 05 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 05 / Jun / 2012
    • REFERRED TO HOUSING

Summary

Provides for the determination of primary residency of rent regulated housing accommodations based upon the filing of income tax returns and place of voting.

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Bill Details

Versions:
S5041
S5041A
Legislative Cycle:
2011-2012
Current Committee:
Law Section:
New York City Administrative Code
Laws Affected:
Amd §§26-403 & 26-504, NYC Ad Cd; amd §5, Emerg Ten Prot Act of 1974

Sponsor Memo

BILL NUMBER:S5041

TITLE OF BILL:
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 accommodations

PURPOSE:
This bill would ensure that individuals who receive rent regulation
benefits actually utilize occupy their primary residence for purposes of
being eligible for rent regulation protections.

SUMMARY OF PROVISIONS:
This bill provides that for the purpose of determining whether a rent
regulated apartment is occupied by the tenant as their primary
residence, the failure to file a tax return or casting of a vote in an
election district other than the one designated for that apartment shall
result in a determination that the tenant does not occupy the apartment
as their primary residence. The bill also provides that an owner may
challenge the primary residence status of the tenant at any time during
the tenant's lease and not only during the lease renewal period prior to
the expiration of the tenant's lease.

JUSTIFICATION:
Rent controlled and rent stabilized apartments should only be available
to persons who actually reside in those apartments. Significant economic
benefits are received by rent regulated tenants and significant economic
burdens are imposed upon property owners as a result. It is self-evident
that housing accommodations that are subject to rent regulation should
be the primary residence of the tenants who occupy them. Furthermore,
since the ruling of the Court of Appeals in the case of Golub v. Frank,
65 NY2d 900 (1985), owners are authorized to commence primary residence
challenges only during the lease renewal period between 90 and 150 days
prior to the expiration of a rent stabilized lease. Limiting such
challenges to that time period needlessly confers added protections and
benefits to those tenants who do not primarily reside at the regulated
accommodations. It is sound public policy to enable property owners to
commence these proceedings at any time during a tenant's lease.

LEGISLATIVE HISTORY: New Sill

FISCAL IMPLICATIONS:None.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  5041

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

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:

  Section 1. Clause 10 of subparagraph (i) of paragraph 2 of subdivision
e  of section 26-403 of the administrative code of the city of New York,
as amended by chapter 422 of the laws of 2010, is  amended  to  read  as
follows:
  (10)  Housing accommodations not occupied by the tenant, not including
subtenants or occupants, as his or her primary residence, as  determined
by  a  court  of competent jurisdiction. For the purposes of determining
primary residency, a tenant who is a victim  of  domestic  violence,  as
defined in section four hundred fifty-nine-a of the social services law,
who  has  left  the  unit  because  of such violence, and who asserts an
intent to return to the housing accommodation  shall  be  deemed  to  be
occupying  the  unit  as  his  or her primary residence. FOR PURPOSES OF
DETERMINING PRIMARY RESIDENCY, AS SUCH TERM IS USED IN THIS CHAPTER, THE
FOLLOWING SHALL APPLY: (I) THE FAILURE TO FILE A  CITY  RESIDENT  INCOME
TAX RETURN BY AN INDIVIDUAL REQUIRED BY LAW TO FILE SUCH A RETURN, SHALL
RESULT  IN  A  DETERMINATION THAT THE TENANT DOES NOT OCCUPY THE HOUSING
ACCOMMODATION AS HIS OR HER PRIMARY RESIDENCE; PROVIDED,  HOWEVER,  THAT
THIS  PROVISION  SHALL  NOT  APPLY TO AN INDIVIDUAL WHO HAS REQUESTED AN
EXTENSION OF TIME FOR PAYMENT OF TAX OR WHERE ANY  OTHER  FACTOR  EXISTS
WHICH  WOULD  EXCUSE  THE TIMELY FILING OF THE RETURN; PROVIDED FURTHER,
THAT THE TIMELY FILING OF SUCH RETURN  SHALL  NOT,  IN  AND  OF  ITSELF,
RESULT  IN  A  DETERMINATION THAT THE INDIVIDUAL DOES OCCUPY THE HOUSING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11262-01-1

S. 5041                             2

ACCOMMODATION AS HIS OR HER PRIMARY RESIDENCE OR (II) A VOTE IS CAST  BY
A  TENANT  DURING  THEIR TENANCY IN ANY ELECTION HELD IN ACCORDANCE WITH
THE PROVISIONS OF THE ELECTION LAW CONDUCTED IN  ANY  ELECTION  DISTRICT
OTHER  THAN  THE ONE DESIGNATED FOR THE HOUSING ACCOMMODATION LOCATED IN
THE CITY SHALL RESULT IN A DETERMINATION THAT THE TENANT DOES NOT OCCUPY
THE HOUSING ACCOMMODATION AS HIS OR HER PRIMARY RESIDENCE. No action  or
proceeding  shall  be  commenced  seeking  to  recover possession on the
ground that a housing accommodation is not occupied by the tenant as his
or her primary residence unless the owner or  lessor  shall  have  given
thirty  days  notice  to  the tenant of his or her intention to commence
such action or proceeding on such grounds.
  S 2. Subparagraph (f) of paragraph  1  of  subdivision  a  of  section
26-504 of the administrative code of the city of New York, as amended by
chapter 422 of the laws of 2010, is amended to read as follows:
  (f) not occupied by the tenant, not including subtenants or occupants,
as  his  or her primary residence, as determined by a court of competent
jurisdiction[, provided, however that no].  FOR PURPOSES OF  DETERMINING
PRIMARY  RESIDENCY,  AS SUCH TERM IS USED IN THIS CHAPTER, THE FOLLOWING
SHALL APPLY: (I) THE FAILURE TO FILE A CITY RESIDENT INCOME  TAX  RETURN
BY  AN INDIVIDUAL REQUIRED BY LAW TO FILE SUCH A RETURN, SHALL RESULT IN
A DETERMINATION THAT THE TENANT DOES NOT  OCCUPY  THE  HOUSING  ACCOMMO-
DATION  AS  HIS  OR  HER PRIMARY RESIDENCE; PROVIDED, HOWEVER, THAT THIS
PROVISION SHALL NOT APPLY TO AN INDIVIDUAL WHO HAS REQUESTED  AN  EXTEN-
SION  OF  TIME FOR PAYMENT OF TAX OR WHERE ANY OTHER FACTOR EXISTS WHICH
WOULD EXCUSE THE TIMELY FILING OF SUCH RETURN;  PROVIDED  FURTHER,  THAT
THE  TIMELY FILING OF SUCH RETURN SHALL NOT, IN AND OF ITSELF, RESULT IN
A DETERMINATION THAT THE INDIVIDUAL DOES  OCCUPY  THE  HOUSING  ACCOMMO-
DATION  AS  HIS OR HER PRIMARY RESIDENCE OR (II) A VOTE CAST BY A TENANT
DURING TENANCY IN ANY ELECTION HELD IN ACCORDANCE WITH THE PROVISIONS OF
THE ELECTION LAW CONDUCTED IN ANY ELECTION DISTRICT OTHER THAN  THE  ONE
DESIGNATED  FOR  THE  HOUSING  ACCOMMODATION  LOCATED  IN THE CITY SHALL
RESULT IN A FINDING THAT THE TENANT DOES NOT OCCUPY THE UNIT AS  HIS  OR
HER  PRIMARY RESIDENCE. NO action or proceeding shall be commenced seek-
ing to recover possession on the ground that a housing accommodation  is
not  occupied  by  the tenant as his or her primary residence unless the
owner or lessor shall have given thirty days notice to the tenant of his
or her intention to commence such action or proceeding on such  grounds.
SUCH  ACTION  OR PROCEEDING MAY BE BROUGHT AT ANY TIME DURING THE COURSE
OF A TENANT'S LEASE OR ANY RENEWAL LEASE. IN  THE  EVENT  AN  ACTION  OR
PROCEEDING  IS  COMMENCED  PRIOR  TO THE DATE THAT AN OFFER OF A RENEWAL
LEASE IS OTHERWISE REQUIRED TO BE MADE BY THE OWNER TO THE  TENANT,  THE
COMMENCEMENT  OF  SUCH  ACTION  OR  PROCEEDING  SHALL SUBSTITUTE FOR THE
SERVICE OF ANY OTHER NOTICE PERTAINING TO SUCH  RENEWAL,  INCLUDING  BUT
NOT  LIMITED  TO A NOTICE OF NON-RENEWAL OF SUCH LEASE. For the purposes
of determining primary residency, a tenant who is a victim  of  domestic
violence,  as defined in section four hundred fifty-nine-a of the social
services law, who has left the unit because of such  violence,  and  who
asserts an intent to return to the housing accommodation shall be deemed
to  be  occupying  the  unit  as  his  or her primary residence. For the
purposes of this subparagraph where a housing accommodation is rented to
a not-for-profit hospital for  residential  use,  affiliated  subtenants
authorized  to  use such accommodations by such hospital shall be deemed
to be tenants, or
  S 3. Paragraph 11 of subdivision a of section 5 of section 4 of  chap-
ter  576  of  the  laws  of  1974,  constituting  the  emergency  tenant

S. 5041                             3

protection act of nineteen seventy-four, as amended by  chapter  422  of
the laws of 2010, is amended to read as follows:
  (11)  housing accommodations which are not occupied by the tenant, not
including subtenants or occupants, as his or her primary  residence,  as
determined by a court of competent jurisdiction.  FOR PURPOSES OF DETER-
MINING  PRIMARY RESIDENCY, AS SUCH TERM IS USED IN THIS ACT, THE FOLLOW-
ING SHALL APPLY: (I) THE FAILURE TO FILE A  STATE  RESIDENT  INCOME  TAX
RETURN  BY  AN  INDIVIDUAL  REQUIRED BY LAW TO FILE SUCH A RETURN, SHALL
RESULT IN A DETERMINATION THAT THE TENANT DOES NOT  OCCUPY  THE  HOUSING
ACCOMMODATION  AS  HIS OR HER PRIMARY RESIDENCE; PROVIDED, HOWEVER, THAT
THIS PROVISION SHALL NOT APPLY TO AN INDIVIDUAL  WHO  HAS  REQUESTED  AN
EXTENSION  OF  TIME  FOR PAYMENT OF TAX OR WHERE ANY OTHER FACTOR EXISTS
WHICH WOULD EXCUSE THE TIMELY FILING OF THE  RETURN;  PROVIDED  FURTHER,
THAT  THE  TIMELY  FILING  OF  SUCH  RETURN SHALL NOT, IN AND OF ITSELF,
RESULT IN A DETERMINATION THAT THE INDIVIDUAL DOES  OCCUPY  THE  HOUSING
ACCOMMODATION  AS  HIS OR HER PRIMARY RESIDENCE OR (II) A VOTE CAST BY A
TENANT DURING TENANCY IN  ANY  ELECTION  HELD  IN  ACCORDANCE  WITH  THE
PROVISIONS  OF THE ELECTION LAW CONDUCTED IN ANY ELECTION DISTRICT OTHER
THAN THE ONE DESIGNATED FOR THE HOUSING  ACCOMMODATION  LOCATED  IN  THE
CITY  OF  NEW  YORK  SHALL  RESULT IN A FINDING THAT THE TENANT DOES NOT
OCCUPY THE HOUSING ACCOMMODATION AS HIS OR HER PRIMARY  RESIDENCE.  SUCH
ACTION  OR  PROCEEDING MAY BE BROUGHT AT ANY TIME DURING THE COURSE OF A
TENANT'S LEASE OR ANY RENEWAL LEASE. IN THE EVENT AN ACTION OR  PROCEED-
ING  IS  COMMENCED PRIOR TO THE DATE THAT AN OFFER OF A RENEWAL LEASE IS
OTHERWISE REQUIRED TO BE MADE BY THE OWNER TO THE TENANT, THE  COMMENCE-
MENT  OF  SUCH  ACTION OR PROCEEDING SHALL SUBSTITUTE FOR THE SERVICE OF
ANY OTHER NOTICE PERTAINING TO SUCH RENEWAL, INCLUDING BUT  NOT  LIMITED
TO  A NOTICE OF NON-RENEWAL OF SUCH LEASE. For the purposes of determin-
ing primary residency, a tenant who is a victim of domestic violence, as
defined in section four hundred fifty-nine-a of the social services law,
who has left the unit because of  such  violence,  and  who  asserts  an
intent  to  return  to  the  housing accommodation shall be deemed to be
occupying the unit as his or her primary residence. For the purposes  of
this  paragraph,  where  a housing accommodation is rented to a not-for-
profit hospital for residential use, affiliated subtenants authorized to
use such accommodations by such hospital shall be deemed to be  tenants.
No action or proceeding shall be commenced seeking to recover possession
on the ground that a housing accommodation is not occupied by the tenant
as  his  or  her primary residence unless the owner or lessor shall have
given thirty days notice to the  tenant  of  his  or  her  intention  to
commence such action or proceeding on such grounds.
  S  4. This act shall take effect immediately; provided that the amend-
ment to section 26-403 of the city rent and rehabilitation law  made  by
section  one  of  this act shall remain in full force and effect only so
long as the public emergency requiring the  regulation  and  control  of
residential  rents and evictions continues, as provided in subdivision 3
of section 1 of the  local  emergency  housing  rent  control  act;  and
provided  further  that  the  amendment  to  section  26-504 of the rent
stabilization law of nineteen hundred sixty-nine made by section two  of
this act shall expire on the same date as such law expires and shall not
affect  the  expiration  of such law as provided under section 26-520 of
such law; and provided further that the amendment to section  5  of  the
emergency tenant protection act of nineteen seventy-four made by section
three  of this act shall expire on the same date as such act expires and
shall not affect the expiration of such act as provided in section 17 of
chapter 576 of the laws of 1974, as amended.

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