S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4705
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 22, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Housing
 
 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 warehousing of housing accommodations and penalties therefor

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Legislative findings and intent. The legislature finds and
 declares  that  each person in the state shall have a right to be housed
 and that such right to housing is a basic human right.
   The legislature further finds and declares that the practice of "ware-
 housing", that is of intentionally  withholding  housing  accommodations
 from  the  housing  market,  including the withholding of apartments for
 purposes of future co-operative apartment  conversion,  has  contributed
 significantly  to  the  shortage of housing in this state, especially in
 the city of New York.
   The legislature further finds and declares that the practice of  ware-
 housing  has  violated  the right to housing of many of the citizens and
 residents of this state.
   It is thus the intent of the legislature to eliminate the practice  of
 warehousing by providing strong penalties to deter such practice.
   § 2. Section 26-412 of the administrative code of the city of New York
 is amended by adding a new subdivision g to read as follows:
   G. IT SHALL BE UNLAWFUL TO HARASS A TENANT TO OBTAIN VACANCY OF HIS OR
 HER  HOUSING  ACCOMMODATION  OR TO HAVE INTENTIONALLY WITHHELD A HOUSING
 ACCOMMODATION FROM THE MARKET, INCLUDING WITHHOLDING SUCH  ACCOMMODATION
 FOR  THE  PURPOSE  OF FUTURE CO-OPERATIVE APARTMENT CONVERSION.  FOR THE
 PURPOSES OF THIS SUBDIVISION,  HARASSMENT  CONSISTS  OF  ENGAGING  IN  A
 COURSE OF CONDUCT OR REPEATEDLY COMMITTING ACTS WHICH ALARM OR SERIOUSLY
 ANNOY A TENANT OR OTHER PERSON RESIDING IN THE TENANT'S HOUSING ACCOMMO-
 DATION AND WHICH SERVE NO LEGITIMATE PURPOSE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04417-01-3
              

 A. 4705                             2
 
   § 3. Paragraph 2 of subdivision c of section 26-516 of the administra-
 tive code of the city of New York, as amended by section 23 of part A of
 chapter 20 of the laws of 2015, is amended to read as follows:
   (2)  to have harassed a tenant to obtain vacancy of his or her housing
 accommodation OR TO HAVE INTENTIONALLY WITHHELD A HOUSING  ACCOMMODATION
 FROM  THE  MARKET,  INCLUDING  WITHHOLDING  SUCH  ACCOMMODATION  FOR THE
 PURPOSE OF FUTURE CO-OPERATIVE APARTMENT  CONVERSION,  the  commissioner
 may  impose  by  administrative order after hearing, a civil penalty for
 any such violation. Such penalty shall be at a minimum in the amount  of
 two thousand but not to exceed three thousand dollars for the first such
 offense,  and at minimum in the amount of ten thousand but not to exceed
 eleven thousand dollars for each subsequent offense or for  a  violation
 consisting  of  conduct directed at the tenants of more than one housing
 accommodation.
   § 4. Clause (ii) 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 section 27
 of  part  A  of  chapter  20  of the laws of 2015, is amended to read as
 follows:
   (ii) to have harassed a tenant to obtain vacancy of his housing accom-
 modation OR TO HAVE INTENTIONALLY WITHHELD A HOUSING ACCOMMODATION  FROM
 THE  MARKET, INCLUDING WITHHOLDING SUCH ACCOMMODATION FOR THE PURPOSE OF
 FUTURE CO-OPERATIVE APARTMENT CONVERSION, the commissioner may impose by
 administrative order  after  hearing,  a  civil  penalty  for  any  such
 violation.  Such  penalty shall be at minimum in the amount of two thou-
 sand but not to  exceed  three  thousand  dollars  for  the  first  such
 offense,  and at minimum in the amount of ten thousand but not to exceed
 eleven thousand dollars for each subsequent offense or for  a  violation
 consisting  of  conduct directed at the tenants of more than one housing
 accommodation.
   § 5. This act shall take effect immediately provided that  the  amend-
 ment  to  section 26-412 of the city rent and rehabilitation law made by
 section two 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  26-516  of  the  rent
 stabilization  law  of nineteen hundred sixty-nine made by section three
 of this act shall expire on the same date as such law expires.