NY State Senate Bill 2017-S2144

Senate Bill S2144

2017-2018 Legislative Session

Provides that a child regardless of age who has lived with a tenant parent for two years or more in a rent-regulated apartment shall be deemed a tenant

download bill text pdf

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to housing, construction and community development
Jan 12, 2017	referred to housing, construction and community development

2017-S2144 (ACTIVE) - Details

See Assembly Version of this Bill:: A5792
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: New York City Administrative Code
Laws Affected:: Amd §26-403, add §26-504.4, NYC Ad Cd; add §14, Emerg Ten Prot Act of 1974
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1442, A1294
2011-2012: S1305, A3021
2013-2014: S503, A3120
2015-2016: S3090, A3974

2017-S2144 (ACTIVE) - Summary

Provides that a child (regardless of age) who has lived with a tenant parent for two years or more in rent-regulated housing accommodations shall be deemed a tenant of such housing accommodations for the purposes of the rent-regulating laws.

2017-S2144 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2144

 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 the definition of a tenant

 PURPOSE OR GENERAL IDEA OF BILL :

This bill provides that a child (regardless of age) who has lived with
a tenant parent for two years or more in a rent-regulated apartment
shall be deemed a tenant.

 SUMMARY OF SPECIFIC PROVISIONS :

This bill will amend Subdivision m of section 26-403 of the
administrative code of the city of New York by redefining the term
"tenant." It will also add a new section 26-504-4 to the
administrative code of the city of New York. This bill will also amend
Section 4 of chapter 576 of the laws of 1974, constituting the
emergency tenant protection act of 1974, by adding a new section 15.

 JUSTIFICATION :

This bill would ensure that spouses or children who have lived with
the primary leaseholder in a rent stabilized or rent controlled
apartment are automatically placed on the lease after 2 years, Current

law grants succession rights to spouses and children who reside with
the leaseholder in rent regulated apartments. However, building owners
often challenge succession rights of spouses or children in housing
court and are often successful in denying a legitimate right to an
apartment in which they have resided for several years, This bill
would protect relatives of tenants with legitimate claims to an
apartment and help close this loophole in the Emergency Tenant
Protection Act.

 PRIOR LEGISLATIVE HISTORY :

2009: S.1442 (Duane), Died in Housing; A,1294 (Wright), Died in
Housing
2010: S.1442 (Duane), Died in Housing; A.1294 (Wright), Died in
Housing
2015-16: Referred to  housing, construction and community development

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately, provided that the amendment 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 addition of section 26-504-4 to 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, as amended and provided further that the addition
of section 15 to 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

2017-S2144 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2144
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2017
                                ___________
 
 Introduced by Sen. ALCANTARA -- 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 the definition of a tenant

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision m of section 26-403 of the administrative code
 of the city of New York is amended to read as follows:
   m. "Tenant." A tenant, subtenant, lessee, sublessee, or  other  person
 entitled  to  the  possession  or to the use or occupancy of any housing
 accommodation. THE TERM TENANT  SHALL  BE  DEEMED  TO  INCLUDE  A  CHILD
 (REGARDLESS OF AGE) WHO HAS RESIDED WITH HIS OR HER PARENT FOR TWO YEARS
 OR  MORE  IN  A  HOUSING ACCOMMODATION SUBJECT TO THE PROVISIONS OF THIS
 CHAPTER AND OF WHICH SUCH PARENT IS A TENANT.
   § 2. The administrative code of the city of New  York  is  amended  by
 adding a new section 26-504.4 to read as follows:
   §  26-504.4  TENANT; DEFINITION. FOR THE PURPOSES OF THIS CHAPTER, THE
 TERM TENANT SHALL BE DEEMED TO INCLUDE A CHILD (REGARDLESS OF  AGE)  WHO
 HAS  RESIDED  WITH  HIS OR HER PARENT FOR TWO YEARS OR MORE IN A HOUSING
 ACCOMMODATION SUBJECT TO THE PROVISIONS OF THIS  CHAPTER  AND  OF  WHICH
 SUCH PARENT IS A TENANT.
   §  3.  Section  14  of  section  4 of chapter 576 of the laws of 1974,
 constituting the emergency tenant protection act  of  nineteen  seventy-
 four,  is renumbered section 15 and a new section 14 is added to read as
 follows:
   § 14.  TENANT; DEFINITION. FOR THE PURPOSES  OF  THIS  ACT,  THE  TERM
 TENANT  SHALL  BE  DEEMED TO INCLUDE A CHILD (REGARDLESS OF AGE) WHO HAS
 RESIDED WITH HIS OR HER PARENT FOR TWO YEARS OR MORE IN A HOUSING ACCOM-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06974-01-7

 S. 2144                             2
 
 MODATION SUBJECT TO THE PROVISIONS OF THIS ACT AND OF WHICH SUCH  PARENT
 IS A TENANT.
   §  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 section 26-504.4 of the rent stabilization law of
 nineteen hundred sixty-nine, as added 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,  as
 amended,  and  provided  further that the amendments to section 4 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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