Senate Bill S2494

2009-2010 Legislative Session

Permits the declaration of an emergency pursuant to the EMTPA for rental housing accommodations located in buildings covered by a project based assistance contract

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to housing, construction and community development
Feb 20, 2009	referred to housing, construction and community development

2009-S2494 (ACTIVE) - Details

See Assembly Version of this Bill:: A1687
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: New York City Administrative Code
Laws Affected:: Amd §26-504, NYC Ad Cd; amd §5, Emerg Ten Prot Act of 1974
Versions Introduced in 2011-2012 Legislative Session:: S580, A2994

2009-S2494 (ACTIVE) - Summary

Permits the declaration of an emergency pursuant to the EMTPA for rental housing accommodations located in buildings covered by a project based assistance contract pursuant to section 8 of the United States housing act of 1937.

2009-S2494 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2494

 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 declaration of emergencies for certain rental housing
accommodations

 PURPOSE OR GENERAL IDEA OF BILL :
The purpose of this legislation is to extend rent and eviction
protections to tenants living in former federal Section 8 projects.

 SUMMARY OF SPECIFIC PROVISIONS :
This legislation includes former Section 8 projects in the types of
multiple dwellings that are covered by the New York City Rent
Stabilization Law. Also, this bill enables localities to include
former Section 8 projects as a type of housing accommodation that
would be subject to the Emergency Tenant Protection Act of 1974.

 EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :
Generally, housing accommodations in buildings completed on or after
January 1, 1974 are not subject to rent regulation. This bill would
subject former Section 8 projects completed after this date to rent
regulation.

 JUSTIFICATION :

The Multi-Family Assisted Housing Reform Act of 1997 (MAHRA) was
enacted by Congress in an attempt to reduce the long term costs of the
Section 8 project-based rent assistance program. The United States
Department of Housing and Urban Development (HUD) has begun
implementing the changes required by MAHRA through an initiative known
as Portfolio Reengineering (a.k.a. Mark to Market). Under this
initiative HUD is seeking to preserve affordable housing while at the
same time reducing rent assistance payments to buildings that
heretofore have collected rents in excess of market rates. Despite the
efforts of HUD, it is anticipated that some owners will opt out of the
Section 8 program so that they may dramatically increase rents.

This legislation will ensure that all buildings that opt out of
Section 8 in New York City and Nassau, Westchester and Rockland
counties may become subject to rent regulation. Under current law,
only those buildings that were occupied prior to January 1, 1974 will
become subject to the rent and eviction protections offered by rent
regulation.

 PRIOR LEGISLATIVE HISTORY :
A.1281 in the 2001/02 Legislative Session
A.2789A in the 2003/04 Legislative Session
A.5362 in the 2005/06 Legislative Session
A.5677 in the 2007/08 Legislative Session

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
None.

 EFFECTIVE DATE :
Immediately.

2009-S2494 (ACTIVE) - Bill Text download pdf

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

                                  2494

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 20, 2009
                               ___________

Introduced  by  Sen.  KLEIN  -- 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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05311-01-9

S. 2494                             2

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-
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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Senate Bill S2494

Sponsored By

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Actions

2009-S2494 (ACTIVE) - Details

2009-S2494 (ACTIVE) - Summary

2009-S2494 (ACTIVE) - Sponsor Memo

2009-S2494 (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2009-S2494

Senate Bill S2494

Share this bill

Sponsored By

Jeffrey D. Klein

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Actions

2009-S2494 (ACTIVE) - Details

2009-S2494 (ACTIVE) - Summary

2009-S2494 (ACTIVE) - Sponsor Memo

2009-S2494 (ACTIVE) - Bill Text download pdf

Comments