NY State Senate Bill 2009-S3326D

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 25, 2010	print number 3326d
Jun 25, 2010	amend and recommit to housing, construction and community development
Jun 17, 2010	print number 3326c
Jun 17, 2010	amend and recommit to housing, construction and community development
May 10, 2010	print number 3326b
May 10, 2010	amend and recommit to housing, construction and community development
May 03, 2010	notice of committee consideration - requested
Jan 06, 2010	referred to housing, construction and community development
Jun 29, 2009	print number 3326a
Jun 29, 2009	amend and recommit to housing, construction and community development
Mar 16, 2009	referred to housing, construction and community development

Bill Amendments

Original

D (Active)

2009-S3326 - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Emergency Tenant Protection Act of 1974
Laws Affected:: Amd §5, Emerg Ten Prot Act of 1974
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1010
2013-2014: S1169
2015-2016: S5233

2009-S3326 - Summary

Relates to limited profit housing companies.

2009-S3326 - Sponsor Memo

2009-S3326 - Bill Text download pdf

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

                                  3326

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 16, 2009
                               ___________

Introduced    by    Sens.   STEWART-COUSINS,   ADAMS,   ADDABBO,   DIAZ,
  HASSELL-THOMPSON, HUNTLEY, MONSERRATE, ONORATO, PERKINS,  SCHNEIDERMAN
  -- 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 emergency tenant protection act of nineteen seven-
  ty-four, in relation to limited-profit  housing  companies  and  other
  buildings or structures which received project-based rental assistance

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

  Section 1. Section 5 of 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 subdivision c to read as follows:
  C. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NOTHING  SHALL
PREVENT  THE  DECLARATION  OF  AN EMERGENCY PURSUANT TO SECTION THREE OF
THIS ACT FOR RENTAL  HOUSING  ACCOMMODATIONS  LOCATED  IN  BUILDINGS  OR
STRUCTURES  WHICH  WERE OWNED BY A COMPANY ESTABLISHED UNDER ARTICLE TWO
OF THE PRIVATE HOUSING FINANCE LAW, OTHER THAN A MUTUAL  COMPANY,  WHICH
ARE NO LONGER OWNED BY SUCH COMPANY BY REASON OF A VOLUNTARY DISSOLUTION
PURSUANT TO SECTION THIRTY-FIVE OF SUCH LAW OR FOR RENTAL HOUSING ACCOM-
MODATIONS LOCATED IN BUILDINGS OR STRUCTURES DEFINED AS COVERED PROJECTS
PURSUANT TO SECTION 8 OF THE UNITED STATES HOUSING ACT OF NINETEEN THIR-
TY-SEVEN,  AS  AMENDED,  OR  ANY  SUCCESSOR STATUTE, AND ANY REGULATIONS
PROMULGATED THEREUNDER IN WHICH RENTAL HOUSING  ACCOMMODATIONS  RECEIVED
PROJECT-BASED  RENTAL  ASSISTANCE  FROM  THE UNITED STATES DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT PURSUANT TO CONTRACTS WITH THE  OWNERS  OF
SUCH  BUILDINGS  OR  STRUCTURES  WHICH EXPIRED OR WERE TERMINATED.   THE
INITIAL LEGAL REGULATED  RENT  FOR  HOUSING  ACCOMMODATIONS  LOCATED  IN
BUILDINGS  OR  STRUCTURES  THAT  WERE OWNED BY HOUSING COMPANIES OR THAT
WERE COVERED PROJECTS PREVIOUSLY REGULATED  UNDER  THE  PRIVATE  HOUSING
FINANCE  LAW OR UNDER FEDERAL LAW, SHALL BE THE RENT CHARGED TO AND PAID
BY THE TENANT IN OCCUPANCY ON THE DATE SUCH REGULATION TERMINATED OR THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07971-02-9

S. 3326                             2

MOST RECENT RENT CHARGED TO AND PAID BY A TENANT  PRIOR  TO  SUCH  DATE,
INCLUDING  ANY  INCOME-RELATED SURCHARGES, AS ADJUSTED BY ALL APPLICABLE
GUIDELINES  INCREASES  AND  OTHER  INCREASES  AUTHORIZED  BY  LAW.   THE
PROVISIONS  OF  SUBDIVISION A OF SECTION NINE OF THIS ACT OR OF SUBDIVI-
SION A OF SECTION 26-513 OF THE ADMINISTRATIVE CODE OF THE CITY  OF  NEW
YORK  SHALL  NOT APPLY TO ANY HOUSING ACCOMMODATION WHICH BECAME SUBJECT
TO THIS ACT PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION.
  S 2. This act shall take effect immediately and shall apply to housing
accommodations located in  buildings  or  structures  owned  by  housing
companies  that  dissolved  on, before or after such date and to housing
accommodations in buildings or structures that were covered projects and
had contracts for rental assistance that expired or were terminated  on,
before  or after such date; provided that the amendments to section 5 of
the emergency tenant protection act of  nineteen  seventy-four  made  by
section  one  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.

co-Sponsors

View additional co-sponsors

2009-S3326A - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Emergency Tenant Protection Act of 1974
Laws Affected:: Amd §5, Emerg Ten Prot Act of 1974
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1010
2013-2014: S1169
2015-2016: S5233

2009-S3326A - Summary

Relates to limited profit housing companies.

2009-S3326A - Sponsor Memo

2009-S3326A - Bill Text download pdf

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

                                 3326--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 16, 2009
                               ___________

Introduced    by    Sens.   STEWART-COUSINS,   ADAMS,   ADDABBO,   DIAZ,
  HASSELL-THOMPSON,  HUNTLEY,  KLEIN,  KRUEGER,   MONSERRATE,   ONORATO,
  PERKINS,  SAVINO,  SCHNEIDERMAN,  SERRANO,  SQUADRON, STAVISKY -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on  Housing,  Construction  and  Community  Development  --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to amend the emergency tenant protection act of nineteen seven-
  ty-four, in relation to limited-profit  housing  companies  and  other
  buildings or structures which received project-based rental assistance

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

  Section 1.   Legislative findings and declaration  of  emergency.  The
legislature  hereby finds and declares that the serious public emergency
which led to the enactment of the existing laws  regulating  residential
rents  and  evictions  continues  to  exist; that such laws would better
serve the public interest if certain changes were made thereto,  includ-
ing  extending  to  certain  cities, towns and villages the authority to
provide for the regulation of rents and evictions with regard to housing
accommodations that cease or have ceased to  be  regulated  pursuant  to
article 2 of the private housing finance law, known as the Mitchell-Lama
law,  or  pursuant to project-based section eight contracts entered into
with the federal government.
  The legislature further  recognizes  that  severe  disruption  of  the
rental  housing market has occurred and threatens to be exacerbated as a
result of the abrupt termination of rent and  eviction  regulation  when
buildings  completed  or  substantially  renovated as family units on or
after January first, nineteen hundred seventy-four  exit  the  Mitchell-
Lama  program  or  when  buildings  cease to be subject to project-based
section eight contracts. The situation  had  permitted  speculative  and
profiteering practices and has brought about the loss of vital and irre-
placeable affordable housing for working persons and families.
  The legislature therefore declares that in order to prevent uncertain-
ty,  potential  hardship  and  dislocation  of tenants living in housing

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07971-12-9

S. 3326--A                          2

accommodations subject to  government  regulations  as  to  rentals  and
continued  occupancy  as  well as those not subject to such regulations,
the provisions of this act are necessary to protect the  public  health,
safety and general welfare. The necessity in the public interest for the
provisions  hereinafter enacted is hereby declared as a matter of legis-
lative determination.
  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 ANY OTHER PROVISION OF THIS SECTION, NOTHING SHALL
PREVENT THE DECLARATION OF AN EMERGENCY PURSUANT  TO  SECTION  THREE  OF
THIS  ACT  FOR  RENTAL  HOUSING  ACCOMMODATIONS  LOCATED IN BUILDINGS OR
STRUCTURES WHICH WERE OWNED BY A COMPANY ESTABLISHED UNDER  ARTICLE  TWO
OF  THE  PRIVATE HOUSING FINANCE LAW, OTHER THAN A MUTUAL COMPANY, WHICH
ARE NO LONGER OWNED BY SUCH COMPANY BY REASON OF A VOLUNTARY DISSOLUTION
PURSUANT TO SECTION THIRTY-FIVE OF SUCH LAW OR FOR RENTAL HOUSING ACCOM-
MODATIONS LOCATED IN BUILDINGS OR STRUCTURES DEFINED AS COVERED PROJECTS
PURSUANT TO SECTION 8 OF THE UNITED STATES HOUSING ACT OF NINETEEN THIR-
TY-SEVEN, AS AMENDED, OR ANY  SUCCESSOR  STATUTE,  AND  ANY  REGULATIONS
PROMULGATED  THEREUNDER  IN WHICH RENTAL HOUSING ACCOMMODATIONS RECEIVED
PROJECT-BASED RENTAL ASSISTANCE FROM THE  UNITED  STATES  DEPARTMENT  OF
HOUSING  AND  URBAN DEVELOPMENT PURSUANT TO CONTRACTS WITH THE OWNERS OF
SUCH BUILDINGS OR STRUCTURES WHICH EXPIRED  OR  WERE  TERMINATED.    THE
INITIAL  LEGAL  REGULATED  RENT  FOR  HOUSING  ACCOMMODATIONS LOCATED IN
BUILDINGS OR STRUCTURES THAT WERE OWNED BY  HOUSING  COMPANIES  OR  THAT
WERE  COVERED  PROJECTS  PREVIOUSLY  REGULATED UNDER THE PRIVATE HOUSING
FINANCE LAW OR UNDER FEDERAL LAW, SHALL BE THE RENT CHARGED TO AND  PAID
BY  THE TENANT IN OCCUPANCY ON JANUARY FIRST, TWO THOUSAND SEVEN OR, FOR
ACCOMMODATIONS VACANT ON SUCH DATE, THE MOST RECENT RENT CHARGED TO  AND
PAID  BY  A  TENANT  PRIOR  TO  SUCH  DATE, INCLUDING ANY INCOME-RELATED
SURCHARGES, AS ADJUSTED BY ALL APPLICABLE GUIDELINES INCREASES AND OTHER
INCREASES AUTHORIZED BY LAW. THE PROVISIONS OF SUBDIVISION A OF  SECTION
NINE  OF  THIS ACT OR OF SUBDIVISION A OF SECTION 26-513 OF THE ADMINIS-
TRATIVE CODE OF THE CITY OF NEW YORK SHALL  NOT  APPLY  TO  ANY  HOUSING
ACCOMMODATION   WHICH  BECAME  SUBJECT  TO  THIS  ACT  PURSUANT  TO  THE
PROVISIONS OF THIS SUBDIVISION.
  S 3. Notwithstanding any provision of law to the contrary, in  a  city
having  a  population  of  one  million  or more, the New York city rent
stabilization law of nineteen hundred sixty-nine may be amended by local
law or ordinance to provide for the regulation of  rents  and  evictions
and  the enforcement of such rent stabilization law with regard to hous-
ing accommodations made subject to such law by a declaration of emergen-
cy made pursuant to this act.
  S 4. This act shall take effect immediately and shall apply to housing
accommodations located in  buildings  or  structures  owned  by  housing
companies  that  dissolved  on, before or after such date and to housing
accommodations in buildings or structures that were covered projects and
had contracts for rental assistance that expired or were terminated  on,
before  or after such date; provided that the amendments 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.

co-Sponsors

View additional co-sponsors

2009-S3326B - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Emergency Tenant Protection Act of 1974
Laws Affected:: Amd §5, Emerg Ten Prot Act of 1974
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1010
2013-2014: S1169
2015-2016: S5233

2009-S3326B - Summary

Relates to limited profit housing companies.

2009-S3326B - Sponsor Memo

                                 BILL NUMBER:  S3326B

 TITLE OF BILL :

An act to amend the emergency tenant protection act of nineteen
seventy-four, in relation to limited-profit housing companies and
other buildings or structures which received project-based rental
assistance


 PURPOSE OR GENERAL IDEA OF BILL :

This legislation protects those tenants who reside in Mitchell-Lama
and project-based Section 8 buildings who owners have bought out of
the Mitchell-Lama program or who no longer have Section 8 contracts
with the United States Department of Housing and Urban Development
(HUD).

 SUMMARY OF SPECIFIC PROVISIONS :

This bill authorizes New York City or any city, town or village in the
counties of Westchester, Nassau and Rockland to extend the Emergency
Tenant Protection Act (ETPA) to cover rental buildings which: (1) were
owned by limited-profit housing companies which voluntarily dissolved
or which will dissolve in the future, or (2) were covered by rental
assistance contracts between their owners and HUD and such contracts

expired or terminated previously or will terminate at some future
date.

Section 1 of this bill sets forth Legislative findings and declaration
of emergency.

Section 2 of the bill amends Section 5 of section 4 of Chapter 576 of
the laws of 1974 constituting the emergency tenant protection act of
1974 by adding a new subdivision c to set rents for buildings
completed after January 1, 1974 as the rents charged on January 1,
2007, as subsequently adjusted by rent regulation laws. Furthermore,
this section clarifies that the rent setting language with a base date
of January 1, 2007, will supersede any agreement made between a tenant
and landlord whether in a lease or another agreement.

Section 3 of the legislation makes it clear that "unique" or
"peculiar" circumstances rent increases authorized by the New York
City rent stabilization law and the Emergency Tenant Protection Act
are not applicable to Mitchell-Lama or project-based Section 8
buildings whether the building were completed before or after January
1, 1974.

Section 4 of the bill provides that in a city having a population of
one million or more, that the New York City rent law may be amended by
local law or ordinance to provide for the regulation of rents and
evictions and the enforcement of such rent stabilization law with
regard to housing accommodations made subject to such law by a
declaration of emergency made pursuant to this act.

Section 5 sets forth an effective date of immediate and provides that
the law applies to housing accommodations located in buildings or
structures owned by housing companies that dissolved on, before, or
after such date and to housing accommodations in buildings or
structures that were covered projects and had contracts for rental
assistance that expired or were terminated on, before, or after such
date; provided that the amendments 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.
 JUSTIFICATION :

Many limited-profit housing companies are exercising their option to
buy-out of the Mitchell-Lama program. Likewise, HUD contracts with the
owners of rental buildings for Section 8 assistance are expiring,
being terminated or not being renewed. Existing middle income tenants
in Mitchell-Lama and Section B housing are faced with eviction if they
cannot afford new market rents. Extending the ETPA to these buildings
will ensure that existing tenants can continue to afford to live in
their current apartments. ETPA coverage will also enable building
owners to more readily be eligible for rent increases under annual
ETPA guidelines.

 LEGISLATIVE HISTORY :

New Bill - 2009

 FISCAL IMPLICATIONS :

Most costs of administration of ETPA and rent stabilization are
covered by per unit fees .charged to property owners.

 EFFECTIVE DATE :
This act shall take effect immediately and shall apply to housing
accommodations located in buildings or structures owned by housing
companies that dissolved on, before, or after such date and to housing
accommodations in buildings or structures that were covered projects
and had contracts for rental assistance that expired or were
terminated on, before, or after such date; provided that the
amendments 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.

2009-S3326B - Bill Text download pdf

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

                                 3326--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 16, 2009
                               ___________

Introduced  by  Sens.  STEWART-COUSINS,  ADAMS,  ADDABBO,  DIAZ,  DILAN,
  HASSELL-THOMPSON, HUNTLEY, KLEIN, KRUEGER, ONORATO,  PERKINS,  SAVINO,
  SCHNEIDERMAN,  SERRANO,  SQUADRON,  STAVISKY -- read twice and ordered
  printed, and when printed to be committed to the Committee on Housing,
  Construction and Community Development -- committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- recommitted to  the  Committee  on  Housing,  Construction  and
  Community  Development  in  accordance  with  Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to amend the emergency tenant protection act of nineteen seven-
  ty-four, in relation to limited-profit  housing  companies  and  other
  buildings or structures which received project-based rental assistance

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

  Section 1.   Legislative findings and declaration  of  emergency.  The
legislature  hereby finds and declares that the serious public emergency
which led to the enactment of the existing laws  regulating  residential
rents  and  evictions  continues  to  exist; that such laws would better
serve the public interest if certain changes were made thereto,  includ-
ing  extending  to  certain  cities, towns and villages the authority to
provide for the regulation of rents and evictions with regard to housing
accommodations that cease or have ceased to  be  regulated  pursuant  to
article 2 of the private housing finance law, known as the Mitchell-Lama
law,  or  pursuant to project-based section eight contracts entered into
with the federal government.
  The legislature further  recognizes  that  severe  disruption  of  the
rental  housing market has occurred and threatens to be exacerbated as a
result of the abrupt termination of rent and  eviction  regulation  when
buildings  exit  the Mitchell-Lama program or when buildings cease to be
subject to project-based section  eight  contracts.  The  situation  had

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07971-16-0

S. 3326--B                          2

permitted  speculative  and profiteering practices and has brought about
the loss of vital  and  irreplaceable  affordable  housing  for  working
persons and families.
  The legislature therefore declares that in order to prevent uncertain-
ty,  potential  hardship  and  dislocation  of tenants living in housing
accommodations subject to  government  regulations  as  to  rentals  and
continued  occupancy  as  well as those not subject to such regulations,
the provisions of this act are necessary to protect the  public  health,
safety and general welfare. The necessity in the public interest for the
provisions  hereinafter enacted is hereby declared as a matter of legis-
lative determination.
  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 ANY OTHER PROVISION OF THIS SECTION, NOTHING SHALL
PREVENT THE DECLARATION OF AN EMERGENCY PURSUANT  TO  SECTION  THREE  OF
THIS  ACT  FOR  RENTAL  HOUSING  ACCOMMODATIONS  LOCATED IN BUILDINGS OR
STRUCTURES COMPLETED OR SUBSTANTIALLY RENOVATED AS FAMILY  UNITS  ON  OR
AFTER  JANUARY  FIRST,  NINETEEN HUNDRED SEVENTY-FOUR: (I) WHICH HAVE OR
HAD BEEN OWNED, LEASED OR OPERATED BY A COMPANY ESTABLISHED OR OPERATING
UNDER ARTICLE TWO OF THE PRIVATE HOUSING FINANCE LAW, OTHER THAN A MUTU-
AL COMPANY, AND WHICH ARE NO LONGER OWNED, LEASED OR  OPERATED  BY  SUCH
COMPANY  BY  REASON OF A VOLUNTARY DISSOLUTION PURSUANT TO SECTION THIR-
TY-FIVE OF SUCH LAW OR (II)  WHICH  WERE  DEFINED  AS  COVERED  PROJECTS
PURSUANT TO SECTION 8 OF THE UNITED STATES HOUSING ACT OF NINETEEN THIR-
TY-SEVEN,  AS  AMENDED,  OR  ANY  SUCCESSOR STATUTE, AND ANY REGULATIONS
PROMULGATED THEREUNDER IN WHICH RENTAL HOUSING  ACCOMMODATIONS  RECEIVED
PROJECT-BASED  RENTAL  ASSISTANCE  FROM  THE UNITED STATES DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT PURSUANT TO CONTRACTS WITH THE  OWNERS  OF
SUCH  BUILDINGS  OR  STRUCTURES  WHICH EXPIRED OR WERE TERMINATED.   THE
INITIAL LEGAL REGULATED  RENT  FOR  HOUSING  ACCOMMODATIONS  LOCATED  IN
BUILDINGS  OR STRUCTURES THAT HAVE OR HAD BEEN OWNED, LEASED OR OPERATED
BY HOUSING COMPANIES OR THAT WERE COVERED PROJECTS PREVIOUSLY  REGULATED
UNDER THE PRIVATE HOUSING FINANCE LAW OR UNDER FEDERAL LAW, SHALL BE THE
RENT  CHARGED  TO  AND PAID BY THE TENANT IN OCCUPANCY ON JANUARY FIRST,
TWO THOUSAND SEVEN OR, FOR ACCOMMODATIONS VACANT ON SUCH DATE, THE  MOST
RECENT  RENT CHARGED TO AND PAID BY A TENANT PRIOR TO SUCH DATE, INCLUD-
ING ANY INCOME-RELATED SURCHARGES, AS ADJUSTED BY ALL APPLICABLE  GUIDE-
LINES  INCREASES  AND OTHER INCREASES AUTHORIZED BY LAW, NOTWITHSTANDING
ANY WRITTEN LEASE OR AGREEMENT  BETWEEN  THE  TENANT  AND  THE  LANDLORD
ESTABLISHING  OR  AGREEING  TO ANY INCREASES IN RENT ON OR AFTER JANUARY
FIRST, TWO THOUSAND SEVEN.
  S 3. The provisions of subdivision a of section nine of the  emergency
tenant  protection  act  of nineteen seventy-four or of subdivision a of
section 26-513 of the administrative code of the city of New York  shall
not apply to any housing accommodation which became subject to the emer-
gency  tenant  protection  act  of nineteen seventy-four pursuant to the
provisions of subdivision c of section 5 of section 4 of chapter 576  of
the  laws of 1974 or to any such housing accommodation otherwise subject
to the emergency tenant  protection  act  of  nineteen  seventy-four  by
reason  of  its  location in a building completed or substantially reno-
vated as family units prior to January first, nineteen hundred  seventy-
four.
  S  4.  Notwithstanding any provision of law to the contrary, in a city
having a population of one million or  more,  the  New  York  city  rent
stabilization law of nineteen hundred sixty-nine may be amended by local

S. 3326--B                          3

law  or  ordinance  to provide for the regulation of rents and evictions
and the enforcement of such rent stabilization law with regard to  hous-
ing accommodations made subject to such law by a declaration of emergen-
cy made pursuant to this act.
  S 5. This act shall take effect immediately and shall apply to housing
accommodations  located  in  buildings  or  structures  owned by housing
companies that dissolved on, before or after such date  and  to  housing
accommodations in buildings or structures that were covered projects and
had  contracts for rental assistance that expired or were terminated on,
before or after such date; provided that the amendments 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.

co-Sponsors

View additional co-sponsors

2009-S3326C - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Emergency Tenant Protection Act of 1974
Laws Affected:: Amd §5, Emerg Ten Prot Act of 1974
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1010
2013-2014: S1169
2015-2016: S5233

2009-S3326C - Summary

Relates to limited profit housing companies.

2009-S3326C - Sponsor Memo

                                BILL NUMBER:S3326C

TITLE OF BILL:
An act to amend the emergency tenant protection act of nineteen seven-
ty-four, in relation to limited-profit housing companies and other
buildings or structures which received project-based rental assistance

PURPOSE OR GENERAL IDEA OF BILL:
This bill protects those tenants who live in Mitchell-Lama and project-
based Section 8 buildings whose owners have bought out of the Mitchell-
Lama program or who no longer have Section 8 contracts with the United
States Department of Housing and Urban Development (HUD).

SUMMARY OF SPECIFIC PROVISIONS:
This bill authorizes New York City or any city, town or village in the
counties of Westchester, Nassau and Rockland to extend the Emergency
Tenant Protection Act (the ETPA) to cover rental buildings which: (1)
were owned by limited-profit housing companies which voluntarily
dissolved or which dissolve in the future, or (2) were covered by rental
assistance contracts between their owners and HUD and such contracts
expired or terminated previously or do so in the future. The bill also
prevents owners of such buildings from applying for higher initial rents
under the ETPA or the New York City Rent Stabilization Law than were
previously charged to their tenants.

Section 1 of this bill sets forth Legislative findings and declaration

of emergency.

Section 2 of the bill amends Section 5 of section 4 of Chapter 576 of
the laws of 1974 constituting the emergency tenant protection act of
1974 by adding a new subdivision c to set rents for buildings completed
after January 1, 1974 as the rents charged on January 1, 2007, as subse-
quently adjusted by rent regulation laws.  Furthermore, this section
clarifies that the rent setting language with a base date of January 1,
2007, will supersede any agreement made between a tenant and landlord
whether in a lease or another agreement.

Section 3 of the legislation makes it clear that "Unique" or "peculiar"
circumstances rent increases authorized by the New York City rent
stabilization law and the Emergency Tenant Protection Act are not appli-
cable to Mitchell-Lama or project-based. Section 8.  buildings whether
the building were completed before or after January 1, 1974.

Section 4 of the bill provides that in a city having a population of one
million or more, that the New York City rent law may be amended by local
law or ordinance to provide for the regulation of rents and evictions
and the enforcement of such rent stabilization law with regard to hous-
ing accommodations made subject to such law by a declaration of emergen-
cy made pursuant to this act.

Section 5 sets forth an effective date of immediate and provides that
the law applies to housing accommodations located in buildings or struc-

tures-owned by housing companies that dissolved on before or after such
date and to housing accommodations in buildings or structures that were
covered projects and had contracts for rental assistance that expired or
were terminated on, before, or after such date; 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.

JUSTIFICATION:
Many limited-profit housing companies are exercising their option to
buy-out of the Mitchell-Lama program. Likewise, HUD contracts with the
owners of rental buildings for Section 8 assistance are expiring, being
terminated or not being renewed.  Existing middle income tenants in
Mitchell-Lama and Section 8 housing are faced with eviction if they
cannot afford new market rents.  Extending the ETPA to these buildings
will ensure that existing tenants can continue to afford to live in
their current apartments.  ETPA coverage will also enable building
owners to more readily be eligible for rent increases under annual ETPA
guidelines.

LEGISLATIVE HISTORY:
2008 - S.5284 - Died - Housing

FISCAL IMPLICATIONS:
Most costs of administration of ETPA and rent stabilization are covered
by per unit fees charged to property owners.

EFFECTIVE DATE:
This act shall take effect immediately and shall apply to housing accom-
modations located in buildings or structures owned by housing companies
that dissolved on, before or after such date and to housing accommo-
dations in buildings or structures that were covered projects and had
contracts for rental assistance that expired or were terminated on,
before or after such date; provided that the amendments 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.

2009-S3326C - Bill Text download pdf

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

                                 3326--C

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 16, 2009
                               ___________

Introduced  by  Sens.  STEWART-COUSINS,  ADAMS,  ADDABBO,  DIAZ,  DILAN,
  HASSELL-THOMPSON, HUNTLEY, KLEIN, KRUEGER, ONORATO,  PARKER,  PERALTA,
  PERKINS,  SAVINO,  SCHNEIDERMAN,  SERRANO,  SQUADRON, STAVISKY -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on  Housing,  Construction  and  Community  Development  --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee -- recommitted to the Committee on Hous-
  ing,  Construction and Community Development in accordance with Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted  as  amended  and recommitted to said committee -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the emergency tenant protection act of  nineteen  seven-
  ty-four,  in  relation  to  limited-profit housing companies and other
  buildings or structures which received project-based rental assistance

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

  Section  1.    Legislative  findings and declaration of emergency. The
legislature hereby finds and declares that the serious public  emergency
which  led  to the enactment of the existing laws regulating residential
rents and evictions continues to exist;  that  such  laws  would  better
serve  the public interest if certain changes were made thereto, includ-
ing extending to certain cities, towns and  villages  the  authority  to
provide for the regulation of rents and evictions with regard to housing
accommodations  that  cease  or  have ceased to be regulated pursuant to
article 2 of the private housing finance law, known as the Mitchell-Lama
law, or pursuant to project-based section eight contracts  entered  into
with the federal government.
  The  legislature  further  recognizes  that  severe  disruption of the
rental housing market has occurred and threatens to be exacerbated as  a
result  of  the  abrupt termination of rent and eviction regulation when

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07971-19-0

S. 3326--C                          2

buildings exit the Mitchell-Lama program or when buildings cease  to  be
subject  to  project-based  section  eight  contracts. The situation had
permitted speculative and profiteering practices and has  brought  about
the  loss  of  vital  and  irreplaceable  affordable housing for working
persons and families.
  The legislature therefore declares that in order to prevent uncertain-
ty, potential hardship and dislocation  of  tenants  living  in  housing
accommodations  subject  to  government  regulations  as  to rentals and
continued occupancy as well as those not subject  to  such  regulations,
the  provisions  of this act are necessary to protect the public health,
safety and general welfare. The necessity in the public interest for the
provisions hereinafter enacted is hereby declared as a matter of  legis-
lative determination.
  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 ANY OTHER PROVISION OF THIS SECTION, NOTHING  SHALL
PREVENT  THE  DECLARATION  OF  AN EMERGENCY PURSUANT TO SECTION THREE OF
THIS ACT FOR RENTAL  HOUSING  ACCOMMODATIONS  LOCATED  IN  BUILDINGS  OR
STRUCTURES  COMPLETED  OR  SUBSTANTIALLY RENOVATED AS FAMILY UNITS ON OR
AFTER JANUARY FIRST, NINETEEN HUNDRED SEVENTY-FOUR: (I)  WHICH  HAVE  OR
HAD BEEN OWNED, LEASED OR OPERATED BY A COMPANY ESTABLISHED OR OPERATING
UNDER ARTICLE TWO OF THE PRIVATE HOUSING FINANCE LAW, OTHER THAN A MUTU-
AL  COMPANY,  AND  WHICH ARE NO LONGER OWNED, LEASED OR OPERATED BY SUCH
COMPANY BY REASON OF A VOLUNTARY DISSOLUTION PURSUANT TO  SECTION  THIR-
TY-FIVE  OF  SUCH  LAW  OR  (II)  WHICH WERE DEFINED AS COVERED PROJECTS
PURSUANT TO SECTION 8 OF THE UNITED STATES HOUSING ACT OF NINETEEN THIR-
TY-SEVEN, AS AMENDED, OR ANY  SUCCESSOR  STATUTE,  AND  ANY  REGULATIONS
PROMULGATED  THEREUNDER  IN WHICH RENTAL HOUSING ACCOMMODATIONS RECEIVED
PROJECT-BASED RENTAL ASSISTANCE FROM THE  UNITED  STATES  DEPARTMENT  OF
HOUSING  AND  URBAN DEVELOPMENT PURSUANT TO CONTRACTS WITH THE OWNERS OF
SUCH BUILDINGS OR STRUCTURES WHICH EXPIRED  OR  WERE  TERMINATED.    THE
INITIAL  LEGAL  REGULATED  RENT  FOR  HOUSING  ACCOMMODATIONS LOCATED IN
BUILDINGS OR STRUCTURES THAT HAVE OR HAD BEEN OWNED, LEASED OR  OPERATED
BY  HOUSING COMPANIES OR THAT WERE COVERED PROJECTS PREVIOUSLY REGULATED
UNDER THE PRIVATE HOUSING FINANCE LAW OR UNDER FEDERAL LAW, SHALL BE THE
RENT CHARGED TO AND PAID BY THE TENANT IN OCCUPANCY  ON  JANUARY  FIRST,
TWO  THOUSAND SEVEN OR, FOR ACCOMMODATIONS VACANT ON SUCH DATE, THE MOST
RECENT RENT CHARGED TO AND PAID BY A TENANT PRIOR TO SUCH DATE,  INCLUD-
ING  ANY INCOME-RELATED SURCHARGES, AS ADJUSTED BY ALL APPLICABLE GUIDE-
LINES INCREASES AND OTHER INCREASES AUTHORIZED BY  LAW,  NOTWITHSTANDING
ANY  WRITTEN  LEASE  OR  AGREEMENT  BETWEEN  THE TENANT AND THE LANDLORD
ESTABLISHING OR AGREEING TO ANY INCREASES IN RENT ON  OR  AFTER  JANUARY
FIRST, TWO THOUSAND SEVEN.
  S  3. The provisions of subdivision a of section nine of the emergency
tenant protection act of nineteen seventy-four or of  subdivision  a  of
section  26-513 of the administrative code of the city of New York shall
not apply to any housing accommodation which became subject to the emer-
gency tenant protection act of nineteen  seventy-four  pursuant  to  the
provisions  of subdivision c of section 5 of section 4 of chapter 576 of
the laws of 1974 or to any such housing accommodation otherwise  subject
to  the  emergency  tenant  protection  act  of nineteen seventy-four by
reason of its location in a building completed  or  substantially  reno-
vated  as family units prior to January first, nineteen hundred seventy-
four.

S. 3326--C                          3

  S 4. This act shall take effect immediately and shall apply to housing
accommodations located in  buildings  or  structures  owned  by  housing
companies  that  dissolved  on, before or after such date and to housing
accommodations in buildings or structures that were covered projects and
had  contracts for rental assistance that expired or were terminated on,
before or after such date; provided that the amendments 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.

co-Sponsors

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2009-S3326D (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Emergency Tenant Protection Act of 1974
Laws Affected:: Amd §5, Emerg Ten Prot Act of 1974
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1010
2013-2014: S1169
2015-2016: S5233

2009-S3326D (ACTIVE) - Summary

Relates to limited profit housing companies.

2009-S3326D (ACTIVE) - Bill Text download pdf

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

                                 3326--D

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 16, 2009
                               ___________

Introduced  by  Sens.  STEWART-COUSINS,  ADAMS,  ADDABBO,  DIAZ,  DILAN,
  HASSELL-THOMPSON, HUNTLEY, KLEIN, KRUEGER, ONORATO,  PARKER,  PERALTA,
  PERKINS,  SAVINO,  SCHNEIDERMAN,  SERRANO,  SQUADRON, STAVISKY -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on  Housing,  Construction  and  Community  Development  --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee -- recommitted to the Committee on Hous-
  ing,  Construction and Community Development in accordance with Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted  as  amended  and recommitted to said committee -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to amend the emergency tenant protection act of nineteen seven-
  ty-four, in relation to limited-profit  housing  companies  and  other
  buildings or structures which received project-based rental assistance

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

  Section 1.   Legislative findings and declaration  of  emergency.  The
legislature  hereby finds and declares that the serious public emergency
which led to the enactment of the existing laws  regulating  residential
rents  and  evictions  continues  to  exist; that such laws would better
serve the public interest if certain changes were made thereto,  includ-
ing  extending  to  certain  cities, towns and villages the authority to
provide for the regulation of rents and evictions with regard to housing
accommodations that cease or have ceased to  be  regulated  pursuant  to
article 2 of the private housing finance law, known as the Mitchell-Lama
law,  or  pursuant to project-based section eight contracts entered into
with the federal government.
  The legislature further  recognizes  that  severe  disruption  of  the
rental  housing market has occurred and threatens to be exacerbated as a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07971-22-0

S. 3326--D                          2

result of the abrupt termination of rent and  eviction  regulation  when
buildings  exit  the Mitchell-Lama program or when buildings cease to be
subject to project-based section  eight  contracts.  The  situation  had
permitted  speculative  and profiteering practices and has brought about
the loss of vital  and  irreplaceable  affordable  housing  for  working
persons and families.
  The legislature therefore declares that in order to prevent uncertain-
ty,  potential  hardship  and  dislocation  of tenants living in housing
accommodations subject to  government  regulations  as  to  rentals  and
continued  occupancy  as  well as those not subject to such regulations,
the provisions of this act are necessary to protect the  public  health,
safety and general welfare. The necessity in the public interest for the
provisions  hereinafter enacted is hereby declared as a matter of legis-
lative determination.
  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 ANY OTHER PROVISION OF THIS SECTION, NOTHING SHALL
PREVENT THE DECLARATION OF AN EMERGENCY PURSUANT  TO  SECTION  THREE  OF
THIS  ACT  FOR  RENTAL  HOUSING  ACCOMMODATIONS  LOCATED IN BUILDINGS OR
STRUCTURES COMPLETED OR SUBSTANTIALLY RENOVATED AS FAMILY  UNITS  ON  OR
AFTER  JANUARY  FIRST,  NINETEEN HUNDRED SEVENTY-FOUR: (I) WHICH HAVE OR
HAD BEEN OWNED, LEASED OR OPERATED BY A COMPANY ESTABLISHED OR OPERATING
UNDER ARTICLE TWO OF THE PRIVATE HOUSING FINANCE LAW, OTHER THAN A MUTU-
AL COMPANY, AND WHICH ARE NO LONGER OWNED, LEASED OR  OPERATED  BY  SUCH
COMPANY  BY  REASON OF A VOLUNTARY DISSOLUTION PURSUANT TO SECTION THIR-
TY-FIVE OF SUCH LAW OR (II)  WHICH  WERE  DEFINED  AS  COVERED  PROJECTS
PURSUANT TO SECTION 8 OF THE UNITED STATES HOUSING ACT OF NINETEEN THIR-
TY-SEVEN,  AS  AMENDED,  OR  ANY  SUCCESSOR STATUTE, AND ANY REGULATIONS
PROMULGATED THEREUNDER IN WHICH RENTAL HOUSING  ACCOMMODATIONS  RECEIVED
PROJECT-BASED  RENTAL  ASSISTANCE  FROM  THE UNITED STATES DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT PURSUANT TO CONTRACTS WITH THE  OWNERS  OF
SUCH  BUILDINGS  OR  STRUCTURES  WHICH EXPIRED OR WERE TERMINATED.   THE
INITIAL LEGAL REGULATED  RENT  FOR  HOUSING  ACCOMMODATIONS  LOCATED  IN
BUILDINGS  OR STRUCTURES THAT HAVE OR HAD BEEN OWNED, LEASED OR OPERATED
BY HOUSING COMPANIES OR THAT WERE COVERED PROJECTS PREVIOUSLY  REGULATED
UNDER THE PRIVATE HOUSING FINANCE LAW OR UNDER FEDERAL LAW, SHALL BE THE
RENT  CHARGED  TO  AND PAID BY THE TENANT IN OCCUPANCY ON JANUARY FIRST,
TWO THOUSAND SEVEN OR, FOR ACCOMMODATIONS VACANT ON SUCH DATE, THE  MOST
RECENT  RENT CHARGED TO AND PAID BY A TENANT PRIOR TO SUCH DATE, INCLUD-
ING ANY INCOME-RELATED SURCHARGES, AS ADJUSTED BY ALL APPLICABLE  GUIDE-
LINES  INCREASES  AND OTHER INCREASES AUTHORIZED BY LAW, NOTWITHSTANDING
ANY WRITTEN LEASE OR AGREEMENT  BETWEEN  THE  TENANT  AND  THE  LANDLORD
ESTABLISHING  OR  AGREEING  TO ANY INCREASES IN RENT ON OR AFTER JANUARY
FIRST, TWO THOUSAND SEVEN, PROVIDED NO LANDLORD  SHALL  BE  REQUIRED  TO
REFUND ANY RENT PAID BY A TENANT IN EXCESS OF SUCH ADJUSTED RENT.
  S  3. The provisions of subdivision a of section nine of the emergency
tenant protection act of nineteen seventy-four or of  subdivision  a  of
section  26-513 of the administrative code of the city of New York shall
not apply to any housing accommodation which became subject to the emer-
gency tenant protection act of nineteen  seventy-four  pursuant  to  the
provisions  of subdivision c of section 5 of section 4 of chapter 576 of
the laws of 1974 or to any such housing accommodation otherwise  subject
to  the  emergency  tenant  protection  act  of nineteen seventy-four by
reason of its location in a building completed  or  substantially  reno-

S. 3326--D                          3

vated  as family units prior to January first, nineteen hundred seventy-
four.
  S 4. This act shall take effect immediately and shall apply to housing
accommodations  located  in  buildings  or  structures  owned by housing
companies that dissolved on, before or after such date  and  to  housing
accommodations in buildings or structures that were covered projects and
had  contracts for rental assistance that expired or were terminated on,
before or after such date; provided that the amendments 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.

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

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