S T A T E   O F   N E W   Y O R K
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                                  4600

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2009
                               ___________

Introduced  by  M.  of  A.  CYMBROWITZ  -- read once and referred to the
  Committee on Housing

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation to warrants of eviction

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Clause (ii) of subparagraph (c) of paragraph 9 of  subdivi-
sion  c  of section 26-511 of the administrative code of the city of New
York is amended to read as follows:
  (ii) [the owner  requires  the  unit  for  a  non-residential  use  in
connection  with  its  charitable  or educational purposes] THE TENANT'S
INITIAL TENANCY COMMENCED BEFORE THE OWNER ACQUIRED  THE  PROPERTY,  AND
THE OWNER REQUIRES THE UNIT FOR A NON-RESIDENTIAL USE IN CONNECTION WITH
ITS  CHARITABLE  OR EDUCATIONAL PURPOSES, IF AN OWNER REFUSES TO RENEW A
LEASE PURSUANT TO THIS SUBDIVISION, ANY TENANT IN OCCUPANCY MAY FILE  AN
ORDER  TO  SHOW CAUSE WHY THE LANDLORD SHOULD NOT BE REQUIRED TO ISSUE A
RENEWAL LEASE PURSUANT TO THIS SECTION AND THE  COURT  SHALL  ORDER  THE
OWNER  TO  ISSUE A RENEWAL LEASE UNLESS THE OWNER PROVES BY A PREPONDER-
ANCE OF THE EVIDENCE, THAT HE OR SHE WILL  SUCCESSFULLY  UNDERTAKE  SUCH
NON-RESIDENTIAL  USE  IN  CONNECTION  WITH ITS CHARITABLE OR EDUCATIONAL
PURPOSE. SUCH  PROOF  SHALL  INCLUDE  DOCUMENTED  FINANCIAL  ABILITY  TO
COMPLETE  SUCH UNDERTAKING, AND ALL PLANS, PERMITS AND APPLICABLE ZONING
VARIANCES NECESSARY FOR THE UNDERTAKING THAT HAVE BEEN APPROVED  BY  THE
APPROPRIATE GOVERNMENTAL AGENCY.
  FAILURE TO BEGIN SUCH NON-RESIDENTIAL USE IN CONNECTION WITH ITS CHAR-
ITABLE OR EDUCATIONAL PURPOSE AFTER THREE YEARS WILL RESULT IN A PENALTY
TO  BE IMPOSED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL OF TWEN-
TY-FIVE HUNDRED DOLLARS FOR EACH MONTH THE USE IS UNCHANGED.
  IF AFTER AN ADDITIONAL SIX MONTHS THE CONDITION REMAINS UNCHANGED, THE
DIVISION, A TENANT OR FORMER TENANT OF THE BUILDING MAY FILE AN ORDER TO
SHOW CAUSE REQUIRING THE OWNER TO DEMONSTRATE THAT USE OF  THE  BUILDING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07509-01-9
              

A. 4600                             2

HAS  IN  FACT CHANGED TO A NON-RESIDENTIAL USE RELATED TO ITS CHARITABLE
OR EDUCATIONAL PURPOSE.
  IF  THE  OWNER  CANNOT  DEMONSTRATE BY A PREPONDERANCE OF THE EVIDENCE
THAT HE OR SHE HAS COMPLIED WITH THE PROVISIONS OF THIS SUBSECTION,  THE
COURT  MAY  ORDER  THAT THE TENANTS BE RETURNED TO THEIR FORMER UNITS AT
THE LEGAL RENT CHARGED TO THEM WHEN THEY LAST OCCUPIED THE UNITS OR,  IF
THE  FORMER  TENANTS ARE UNAVAILABLE, THE DIVISION MAY REQUIRE THE UNITS
BE MADE AVAILABLE AS RENT-REGULATED UNITS AT THE  RENT  LEGALLY  CHARGED
PRIOR TO THE TENANTS BEING EVICTED; or
  S 2. Upon the passage of this act, the commissioner of the division of
housing  and  community renewal is directed to amend 9 NYCRR 2524.4 (b),
in relation to recovery of a housing accommodation by  a  not-for-profit
institution.
  S  3.  This  act  shall take effect immediately but shall not apply in
cases in which a court of competent jurisdiction has issued a warrant of
eviction before such effective date; and provided that the amendments to
section 26-511 of chapter 4 of title 26 of the  administrative  code  of
the city of New York made by section one 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.