NY State Senate Bill 2009-S1442

Senate Bill S1442

2009-2010 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 06, 2010	referred to housing, construction and community development
Feb 02, 2009	referred to housing, construction and community development

2009-S1442 (ACTIVE) - Details

See Assembly Version of this Bill:: A1294
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: New York City Administrative Code
Laws Affected:: Amd §26-403, add §26-504-a, NYC Ad Cd; add §15, Emerg Ten Prot Act of 1974
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1305, A3021
2013-2014: S503, A3120
2015-2016: S3090, A3974
2017-2018: S2144, A5792

2009-S1442 (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.

2009-S1442 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1442

 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-a 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.

 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-a 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 1974,
as amended.

2009-S1442 (ACTIVE) - Bill Text download pdf

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

                                  1442

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 2, 2009
                               ___________

Introduced  by  Sen.  DUANE  -- 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.
  S  2.  The  administrative  code of the city of New York is amended by
adding a new section 26-504-a to read as follows:
  S 26-504-A 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.
  S 3. Section 4 of chapter 576 of the laws of  1974,  constituting  the
emergency  tenant protection act of nineteen seventy-four, is amended by
adding a new section 15 to read as follows:
  S 15.  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-
MODATION SUBJECT TO THE PROVISIONS OF THIS ACT AND OF WHICH SUCH  PARENT
IS A TENANT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00478-01-9

S. 1442                             2

  S  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-a 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 section 15 of the emergency tenant
protection act of nineteen seventy-four, as added 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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