S T A T E O F N E W Y O R K
________________________________________________________________________
1687
2009-2010 Regular Sessions
I N A S S E M B L Y
January 9, 2009
___________
Introduced by M. of A. V. LOPEZ, SILVER, BING, O'DONNELL, PERRY, ORTIZ,
SPANO, POWELL, WRIGHT, KAVANAGH -- Multi-Sponsored by -- M. of A.
BROOK-KRASNY, DIAZ, FARRELL, JACOBS, JEFFRIES, 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 the declaration of emergencies for certain rental housing accommo-
dations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision a of section 26-504 of the administrative code
of the city of New York is amended to read as follows:
a. Class A multiple dwellings not owned as a cooperative or as a
condominium, except as provided in section three hundred fifty-two-eeee
of the general business law, containing six or more dwelling units
which: (1) were completed after February first, nineteen hundred
forty-seven, except dwelling units (a) owned or leased by, or financed
by loans from, a public agency or public benefit corporation, (b)
subject to rent regulation under the private housing finance law or any
other state law, (c) aided by government insurance under any provision
of the national housing act, to the extent this chapter or any regu-
lation or order issued thereunder is inconsistent therewith, or (d)
located in a building for which a certificate of occupancy is obtained
after March tenth, nineteen hundred sixty-nine[;], or (e) any class A
multiple dwelling which on June first, nineteen hundred sixty-eight was
and still is commonly regarded as a hotel, transient hotel or residen-
tial hotel, and which customarily provides hotel service such as maid
service, furnishing and laundering of linen, telephone and bell boy
service, secretarial or desk service and use and upkeep of furniture and
fixtures, or (f) not occupied by the tenant, not including subtenants or
occupants, as his primary residence, as determined by a court of compe-
tent jurisdiction, provided, however that 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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
A LBD05311-01-9
A. 1687 2
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. 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 (g) became vacant on or after
June thirtieth, nineteen hundred seventy-one, or become vacant, provided
however, that this exemption shall not apply or become effective with
respect to housing accommodations which the commissioner determines or
finds became vacant because the landlord or any person acting on his or
her behalf, with intent to cause the tenant to vacate, engaged in any
course of conduct (including but not limited to, interruption or discon-
tinuance of essential services) which interfered with or disturbed or
was intended to interfere with or disturb the comfort, repose, peace or
quiet of the tenant in his or her use or occupancy of the housing accom-
modations and provided further that any housing accommodations exempted
by this paragraph shall be subject to this law to the extent provided in
subdivision b of this section; or (2) were decontrolled by the city rent
agency pursuant to section 26-414 of this title; or (3) are exempt from
control by virtue of item one, two, six or seven of subparagraph (i) of
paragraph two of subdivision e of section 26-403 of this title; OR (4)
WERE COVERED BY A PROJECT BASED ASSISTANCE CONTRACT PURSUANT TO SECTION
EIGHT OF THE UNITED STATES HOUSING ACT OF 1937 WHICH CONTRACT IS NO
LONGER IN EFFECT, NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (D) OR
(G) OF PARAGRAPH ONE OF THIS SUBDIVISION OR PARAGRAPH FIVE OF SUBDIVI-
SION A OF SECTION FIVE OF THE EMERGENCY TENANT PROTECTION ACT OF NINE-
TEEN SEVENTY-FOUR PROVIDED HOWEVER, THAT ANY DWELLING UNIT WHICH BECOMES
SUBJECT TO THIS LAW PURSUANT TO THIS PARAGRAPH SHALL NOT BE SUBJECT TO
THE PROVISIONS OF SUBDIVISION A OF SECTION 26-513 OF THIS CHAPTER; and
S 2. Section 5 of section 4 of chapter 576 of the laws of 1974 consti-
tuting the emergency tenant protection act of nineteen seventy-four is
amended by adding a new subdivision c to read as follows:
C. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH FIVE OF SUBDIVISION A
OF THIS SECTION BUT SUBJECT TO ANY OTHER APPLICABLE EXCEPTIONS IN SUCH
SUBDIVISION, NOTHING SHALL PREVENT THE DECLARATION OF AN EMERGENCY
PURSUANT TO SECTION THREE OF SECTION FOUR OF THIS ACT FOR RENTAL HOUSING
ACCOMMODATIONS LOCATED IN A BUILDING WHICH WAS COVERED BY A PROJECT
BASED ASSISTANCE CONTRACT PURSUANT TO SECTION EIGHT OF THE UNITED STATES
HOUSING ACT OF 1937 WHICH CONTRACT IS NO LONGER IN EFFECT PROVIDED
HOWEVER, THAT ANY HOUSING ACCOMMODATION WHICH BECOMES SUBJECT TO THIS
ACT PURSUANT TO THIS SUBDIVISION SHALL NOT BE SUBJECT TO THE PROVISIONS
OF SUBDIVISION A OF SECTION NINE OF SECTION FOUR OF THIS ACT.
S 3. This act shall take effect immediately and shall apply to all
buildings which are covered by a project based assistance contract
pursuant to section eight of the United States housing act of 1937 which
contract ceased to be effective on or after such date; provided, howev-
er, that the amendment to subdivision a of section 26-504 of the admin-
istrative code of the city of New York made by section one of this act
shall not affect the expiration of such section pursuant to section
26-520 of such code and shall expire therewith; and provided, further,
that the amendment to section 5 of the emergency tenant protection act
of nineteen seventy-four made by section two of this act shall not
affect the expiration of such act as provided in section 17 of chapter
576 of the laws of 1974, as amended and shall expire therewith.