S T A T E O F N E W Y O R K
________________________________________________________________________
5086
2009-2010 Regular Sessions
I N A S S E M B L Y
February 10, 2009
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Introduced by M. of A. V. LOPEZ -- read once and referred to the Commit-
tee 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 right of refusal on vacant dwelling units
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision c of section 26-511 of the administrative code
of the city of New York is amended by adding a new paragraph 15 to read
as follows:
(15) (A) PROVIDES THAT IN CLASS A MULTIPLE DWELLINGS OF SIX OR MORE
UNITS SUBJECT TO THE PROVISIONS OF THIS TITLE, A TENANT SHALL HAVE THE
RIGHT OF FIRST REFUSAL TO RENT A VACANT APARTMENT WITHIN THE TENANT'S
DWELLING BY SUBMITTING A WRITTEN REQUEST TO HIS OR HER LANDLORD TO BE
NOTIFIED WHEN A PARTICULAR APARTMENT OR CLASS OF APARTMENTS OF A PARTIC-
ULAR SIZE OR CONFIGURATION BECOMES AVAILABLE. SUCH WRITTEN REQUEST SHALL
BE DEEMED EFFECTIVE UNLESS THE LANDLORD MAINTAINS A FORMAL WAITING LIST
OR HAS ESTABLISHED A FORMAL POLICY OF WHICH THE LANDLORD HAS TAKEN
REASONABLE MEASURES TO ADVISE ALL TENANTS, UNDER WHICH TENANTS LIVING IN
THE BUILDING ARE GRANTED A RIGHT OF FIRST REFUSAL IN ACCORDANCE WITH
CRITERIA ESTABLISHED BY THE LANDLORD. IF SUCH A POLICY HAS BEEN ESTAB-
LISHED, THE RIGHT OF FIRST REFUSAL GRANTED BY THIS PARAGRAPH SHALL ONLY
BECOME EFFECTIVE IF NO TENANT IN THE BUILDING GRANTED THE RIGHT OF FIRST
REFUSAL PURSUANT TO SUCH POLICY ELECTS TO RENT A VACANT APARTMENT IN
SUCH BUILDING.
(B) A LANDLORD RECEIVING SUCH A REQUEST SHALL NOTIFY THE TENANT IN
WRITING AT SUCH TIME AS THE LANDLORD KNOWS SUCH APARTMENT WILL BECOME
AVAILABLE. WHEN TWO OR MORE TENANTS DESIRE TO EXERCISE THE RIGHT OF
FIRST REFUSAL PROVIDED BY THIS SECTION, THE RIGHT SHALL BE WITH THE
TENANT WHO HAS RENTED FOR THE LONGEST DURATION.
(C) IF A TENANT WISHES TO EXERCISE HIS OR HER RIGHT OF FIRST REFUSAL
BEFORE HIS OR HER PRESENT LEASE EXPIRES, HE OR SHE MUST OBTAIN HIS OR
HER LANDLORD'S CONSENT TO SUBLEASE IN ACCORDANCE WITH SECTION TWO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08347-01-9
A. 5086 2
HUNDRED TWENTY-SIX-B OF THE REAL PROPERTY LAW OR THE LANDLORD'S CONSENT
TO TERMINATE THE TENANT'S EXISTING LEASE.
(D) THE RIGHT OF FIRST REFUSAL GRANTED BY THIS PARAGRAPH SHALL NOT
EXTEND TO AN APARTMENT WHICH IS (I) CUSTOMARILY RENTED AND IS INTENDED
FOR OCCUPANCY EXCLUSIVELY BY HOUSEHOLD SIZES LARGER THAN THAT OF THE
TENANT WHO INTENDS TO OCCUPY SUCH APARTMENT, (II) RESERVED FOR A SUPER-
INTENDENT OR OTHER EMPLOYEE OF THE LANDLORD, OR (III) NOT BEING OFFERED
FOR RENT PROVIDED THAT THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY IF
SUCH APARTMENT IS SUBSEQUENTLY OFFERED FOR RENT.
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. (1) PROVIDES THAT IN CLASS A MULTIPLE DWELLINGS OF SIX OR MORE
UNITS SUBJECT TO THE PROVISIONS OF THIS TITLE, A TENANT SHALL HAVE THE
RIGHT OF FIRST REFUSAL TO RENT A VACANT APARTMENT WITHIN THE TENANT'S
DWELLING BY SUBMITTING A WRITTEN REQUEST TO HIS LANDLORD TO BE NOTIFIED
WHEN A PARTICULAR APARTMENT OR CLASS OF APARTMENTS OF A PARTICULAR SIZE
OR CONFIGURATION BECOMES AVAILABLE. SUCH WRITTEN REQUEST SHALL BE DEEMED
EFFECTIVE UNLESS THE LANDLORD MAINTAINS A FORMAL WAITING LIST OR HAS
ESTABLISHED A FORMAL POLICY OF WHICH THE LANDLORD HAS TAKEN REASONABLE
MEASURES TO ADVISE ALL TENANTS UNDER WHICH TENANTS LIVING IN THE BUILD-
ING ARE GRANTED A RIGHT OF FIRST REFUSAL IN ACCORDANCE WITH CRITERIA
ESTABLISHED BY THE LANDLORD. IF SUCH A POLICY HAS BEEN ESTABLISHED, THE
RIGHT OF FIRST REFUSAL GRANTED BY THIS SUBDIVISION SHALL ONLY BECOME
EFFECTIVE IF NO TENANT IN THE BUILDING GRANTED THE RIGHT OF FIRST
REFUSAL PURSUANT TO SUCH POLICY ELECTS TO RENT A VACANT APARTMENT IN
SUCH BUILDING.
(2) A LANDLORD RECEIVING SUCH A REQUEST SHALL NOTIFY THE TENANT IN
WRITING AT SUCH TIME AS THE LANDLORD KNOWS SUCH APARTMENT WILL BECOME
AVAILABLE. WHEN TWO OR MORE TENANTS DESIRE TO EXERCISE THE RIGHT OF
FIRST REFUSAL PROVIDED BY THIS SECTION, THE RIGHT SHALL BE WITH THE
TENANT WHO HAS RENTED FOR THE LONGEST DURATION.
(3) IF A TENANT WISHES TO EXERCISE HIS OR HER RIGHT OF FIRST REFUSAL
BEFORE HIS OR HER PRESENT LEASE EXPIRES, HE OR SHE MUST OBTAIN THE LAND-
LORD'S CONSENT TO SUBLEASE IN ACCORDANCE WITH SECTION 226-B OF THE REAL
PROPERTY LAW OR THE LANDLORD'S CONSENT TO TERMINATE THE TENANT'S EXIST-
ING LEASE.
(4) THE RIGHT OF FIRST REFUSAL GRANTED BY THIS SUBDIVISION SHALL NOT
EXTEND TO AN APARTMENT WHICH IS (A) CUSTOMARILY RENTED AND IS INTENDED
FOR OCCUPANCY EXCLUSIVELY BY HOUSEHOLD SIZES LARGER THAN THAT OF THE
TENANT WHO INTENDS TO OCCUPY SUCH APARTMENT, (B) RESERVED FOR A SUPER-
INTENDENT OR OTHER EMPLOYEE OF THE LANDLORD, OR (C) NOT BEING OFFERED
FOR RENT PROVIDED THAT THE PROVISIONS OF THIS SUBDIVISION SHALL APPLY IF
SUCH APARTMENT IS SUBSEQUENTLY OFFERED FOR RENT.
S 3. This act shall take effect immediately; provided that the amend-
ment to section 26-511 of the rent stabilization law of nineteen hundred
sixty-nine 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 and provided that the amend-
ments to section 5 of the emergency tenant protection act of nineteen
seventy-four made by section two 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.