senate Bill S5041A

2011-2012 Legislative Session

Provides for the determination of primary residency of rent regulated housing accommodations based upon the filing of income tax returns and place of voting

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Sponsored By

Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (18)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 05, 2012 referred to housing
delivered to assembly
passed senate
May 02, 2012 advanced to third reading
May 01, 2012 2nd report cal.
Apr 30, 2012 1st report cal.602
Feb 03, 2012 print number 5041a
amend and recommit to housing, construction and community development
Jan 04, 2012 referred to housing, construction and community development
returned to senate
died in assembly
Jun 22, 2011 referred to housing
delivered to assembly
passed senate
Jun 07, 2011 advanced to third reading
Jun 06, 2011 2nd report cal.
Jun 02, 2011 1st report cal.927
May 03, 2011 referred to housing, construction and community development

Votes

view votes

Apr 30, 2012 - Housing, Construction and Community Development committee Vote

S5041A
5
3
committee
5
Aye
3
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Housing, Construction and Community Development committee vote details

Housing, Construction and Community Development Committee Vote: Apr 30, 2012

Jun 2, 2011 - Housing, Construction and Community Development committee Vote

S5041
5
3
committee
5
Aye
3
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Jun 2, 2011

Bill Amendments

Original
A (Active)
Original
A (Active)

S5041 - Details

Current Committee:
Law Section:
New York City Administrative Code
Laws Affected:
Amd §§26-403 & 26-504, NYC Ad Cd; amd §5, Emerg Ten Prot Act of 1974

S5041 - Summary

Provides for the determination of primary residency of rent regulated housing accommodations based upon the filing of income tax returns and place of voting.

S5041 - Sponsor Memo

S5041 - Bill Text download pdf

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

                                  5041

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen.  YOUNG  -- 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  determining  primary  residency of rent regulated housing accommo-
  dations

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

  Section 1. Clause 10 of subparagraph (i) of paragraph 2 of subdivision
e  of section 26-403 of the administrative code of the city of New York,
as amended by chapter 422 of the laws of 2010, is  amended  to  read  as
follows:
  (10)  Housing accommodations not occupied by the tenant, not including
subtenants or occupants, as his or her primary residence, as  determined
by  a  court  of competent jurisdiction. For the purposes of determining
primary residency, a tenant who is a victim  of  domestic  violence,  as
defined in section four hundred fifty-nine-a of the social services law,
who  has  left  the  unit  because  of such violence, and who asserts an
intent to return to the housing accommodation  shall  be  deemed  to  be
occupying  the  unit  as  his  or her primary residence. FOR PURPOSES OF
DETERMINING PRIMARY RESIDENCY, AS SUCH TERM IS USED IN THIS CHAPTER, THE
FOLLOWING SHALL APPLY: (I) THE FAILURE TO FILE A  CITY  RESIDENT  INCOME
TAX RETURN BY AN INDIVIDUAL REQUIRED BY LAW TO FILE SUCH A RETURN, SHALL
RESULT  IN  A  DETERMINATION THAT THE TENANT DOES NOT OCCUPY THE HOUSING
ACCOMMODATION AS HIS OR HER PRIMARY RESIDENCE; PROVIDED,  HOWEVER,  THAT
THIS  PROVISION  SHALL  NOT  APPLY TO AN INDIVIDUAL WHO HAS REQUESTED AN
EXTENSION OF TIME FOR PAYMENT OF TAX OR WHERE ANY  OTHER  FACTOR  EXISTS
WHICH  WOULD  EXCUSE  THE TIMELY FILING OF THE RETURN; PROVIDED FURTHER,
THAT THE TIMELY FILING OF SUCH RETURN  SHALL  NOT,  IN  AND  OF  ITSELF,
RESULT  IN  A  DETERMINATION THAT THE INDIVIDUAL DOES OCCUPY THE HOUSING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11262-01-1

Co-Sponsors

S5041A (ACTIVE) - Details

Current Committee:
Law Section:
New York City Administrative Code
Laws Affected:
Amd §§26-403 & 26-504, NYC Ad Cd; amd §5, Emerg Ten Prot Act of 1974

S5041A (ACTIVE) - Summary

Provides for the determination of primary residency of rent regulated housing accommodations based upon the filing of income tax returns and place of voting.

S5041A (ACTIVE) - Sponsor Memo

S5041A (ACTIVE) - Bill Text download pdf

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

                                 5041--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Housing, Construction  and
  Community  Development  --  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 administrative code of the city of New York and  the
  emergency  tenant protection act of nineteen seventy-four, in relation
  to determining primary residency of rent  regulated  housing  accommo-
  dations

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

  Section 1. Clause 10 of subparagraph (i) of paragraph 2 of subdivision
e of section 26-403 of the administrative code of the city of New  York,
as  amended  by  chapter  422 of the laws of 2010, is amended to read as
follows:
  (10) Housing accommodations not occupied by the tenant, not  including
subtenants  or occupants, as his or her primary residence, as determined
by a court of competent jurisdiction. For the  purposes  of  determining
primary  residency,  a  tenant  who is a victim of domestic violence, as
defined in section four hundred fifty-nine-a of the social services law,
who has left the unit because of  such  violence,  and  who  asserts  an
intent  to  return  to  the  housing accommodation shall be deemed to be
occupying the unit as his or her primary residence.    FOR  PURPOSES  OF
DETERMINING  PRIMARY  RESIDENCY,  AS  SUCH TERM IS USED IN THIS CHAPTER,
THERE SHALL BE A PRESUMPTION, REBUTTABLE BY THE TENANT, THAT THE  TENANT
DOES  NOT  OCCUPY SUCH HOUSING ACCOMMODATION AS HIS OR HER PRIMARY RESI-
DENCE, WHERE:
  (I) SUCH TENANT IS REQUIRED BY LAW TO FILE AN INCOME  TAX  RETURN  AND
SUCH  TENANT  EITHER  (A) FAILS TO FILE ONE OR MORE CITY RESIDENT INCOME
TAX RETURNS OR (B) SUCH TENANT FILES ONE OR MORE FEDERAL, STATE OR LOCAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11262-03-2

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