senate Bill S5041A

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:S5041A

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 help ensure that individuals who receive rent
regulation benefits actually utilize and 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 required tax return or casting of a
vote in an election district other than the one designated for that
apartment shall result in a rebuttable presumption that the tenant
does not occupy the apartment as their primary residence. This
presumption shall not be rebuttable when the tenant is also the
recipient of a property tax exemption arising from or attributable to
the ownership of another 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. If an individual is receiving a tax reduction for ownership of
another residence, property taxpayers should not be used to double
subsidize individuals with dual homes. 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:
2011 - S.5041 - Passed Senate

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--A

                       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  --  recommitted  to  the Committee on Housing,
  Construction and Community Development in accordance with Senate  Rule
  6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

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,
THERE SHALL BE A PRESUMPTION, REBUTTABLE BY THE TENANT, THAT THE  TENANT
DOES  NOT  OCCUPY SUCH HOUSING ACCOMMODATION AS HIS OR HER PRIMARY RESI-
DENCE, WHERE:
  (I) SUCH TENANT IS REQUIRED BY LAW TO FILE AN INCOME  TAX  RETURN  AND
SUCH  TENANT  EITHER  (A) FAILS TO FILE ONE OR MORE CITY RESIDENT INCOME
TAX RETURNS OR (B) SUCH TENANT FILES ONE OR MORE FEDERAL, STATE OR LOCAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11262-03-2

S. 5041--A                          2

INCOME TAX RETURNS BASED UPON A RESIDENCE OTHER THAN THE HOUSING  ACCOM-
MODATION WHICH IS SUBJECT TO THIS CHAPTER, PROVIDED, HOWEVER, THAT WHERE
A  TENANT  IS THE RECIPIENT OF A PROPERTY TAX EXEMPTION OR ANY OTHER TAX
BENEFIT  ARISING  FROM  OR  ATTRIBUTABLE  TO THE OWNERSHIP OF SUCH OTHER
RESIDENCE, THE PRESUMPTION THAT THE TENANT DOES NOT OCCUPY SUCH  HOUSING
ACCOMMODATION AS HIS OR HER PRIMARY RESIDENCE SHALL NOT BE REBUTTABLE BY
SUCH TENANT, OR
  (II) ONE OR MORE VOTES ARE CAST BY SUCH 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 SUBJECT TO THIS CHAPTER LOCATED IN  THE  CITY.  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, THERE SHALL BE
A PRESUMPTION, REBUTTABLE BY THE TENANT, THAT THE TENANT DOES NOT OCCUPY
SUCH HOUSING ACCOMMODATION AS HIS OR HER PRIMARY RESIDENCE, WHERE:
  (I) SUCH TENANT IS REQUIRED BY LAW TO FILE AN INCOME  TAX  RETURN  AND
SUCH  TENANT  EITHER  (A) FAILS TO FILE ONE OR MORE CITY RESIDENT INCOME
TAX RETURNS OR (B) SUCH TENANT FILES ONE OR MORE FEDERAL, STATE OR LOCAL
INCOME TAX RETURNS BASED UPON A RESIDENCE OTHER THAN THE HOUSING  ACCOM-
MODATION WHICH IS SUBJECT TO THIS CHAPTER, PROVIDED, HOWEVER, THAT WHERE
A  TENANT  IS THE RECIPIENT OF A PROPERTY TAX EXEMPTION OR ANY OTHER TAX
BENEFIT ARISING FROM OR ATTRIBUTABLE TO  THE  OWNERSHIP  OF  SUCH  OTHER
RESIDENCE,  THE PRESUMPTION THAT THE TENANT DOES NOT OCCUPY SUCH HOUSING
ACCOMMODATION AS HIS OR HER PRIMARY RESIDENCE SHALL NOT BE REBUTTABLE BY
SUCH TENANT, OR
  (II) ONE OR MORE VOTES ARE CAST BY SUCH 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  SUBJECT TO THIS CHAPTER LOCATED IN THE CITY.  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.  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 PURSU-
ANT TO THIS SUBPARAGRAPH 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

S. 5041--A                          3

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
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, THERE  SHALL
BE  A  PRESUMPTION,  REBUTTABLE  BY THE TENANT, THAT THE TENANT DOES NOT
OCCUPY SUCH HOUSING ACCOMMODATION  AS  HIS  OR  HER  PRIMARY  RESIDENCE,
WHERE:
  (I)  SUCH  TENANT  IS REQUIRED BY LAW TO FILE AN INCOME TAX RETURN AND
SUCH TENANT EITHER (A) FAILS TO FILE ONE OR MORE  CITY  RESIDENT  INCOME
TAX RETURNS OR (B) SUCH TENANT FILES ONE OR MORE FEDERAL, STATE OR LOCAL
INCOME  TAX RETURNS BASED UPON A RESIDENCE OTHER THAN THE HOUSING ACCOM-
MODATION WHICH IS SUBJECT TO THIS ACT, PROVIDED, HOWEVER, THAT  WHERE  A
TENANT  IS  THE  RECIPIENT  OF A PROPERTY TAX EXEMPTION OR ANY OTHER TAX
BENEFIT ARISING FROM OR ATTRIBUTABLE TO THE OWNERSHIP OF SUCH RESIDENCE,
THE PRESUMPTION THAT THE TENANT DOES NOT OCCUPY  SUCH  HOUSING  ACCOMMO-
DATION  AS  HIS OR HER PRIMARY RESIDENCE SHALL NOT BE REBUTTABLE BY SUCH
TENANT, OR
  (II) ONE OR MORE VOTES ARE CAST BY SUCH 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  SUBJECT TO THIS ACT LOCATED IN THE CITY, TOWN OR
VILLAGE.  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 PURSUANT TO THIS  PARAGRAPH  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 PERTAIN-
ING TO SUCH RENEWAL, INCLUDING BUT NOT LIMITED TO, A NOTICE OF NON-RENE-
WAL  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 paragraph, where a hous-
ing 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  resi-
dence  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

S. 5041--A                          4

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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