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

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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

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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 - Bill 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 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S5041

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
determining primary residency of rent regulated housing accommodations

PURPOSE:
This bill would ensure that individuals who receive rent regulation
benefits actually utilize occupy their primary residence for purposes of
being eligible for rent regulation protections.

SUMMARY OF PROVISIONS:
This bill provides that for the purpose of determining whether a rent
regulated apartment is occupied by the tenant as their primary
residence, the failure to file a tax return or casting of a vote in an
election district other than the one designated for that apartment shall
result in a determination that the tenant does not occupy the apartment
as their primary residence. The bill also provides that an owner may
challenge the primary residence status of the tenant at any time during
the tenant's lease and not only during the lease renewal period prior to
the expiration of the tenant's lease.

JUSTIFICATION:
Rent controlled and rent stabilized apartments should only be available
to persons who actually reside in those apartments. Significant economic
benefits are received by rent regulated tenants and significant economic
burdens are imposed upon property owners as a result. It is self-evident
that housing accommodations that are subject to rent regulation should
be the primary residence of the tenants who occupy them. Furthermore,
since the ruling of the Court of Appeals in the case of Golub v. Frank,
65 NY2d 900 (1985), owners are authorized to commence primary residence
challenges only during the lease renewal period between 90 and 150 days
prior to the expiration of a rent stabilized lease. Limiting such
challenges to that time period needlessly confers added protections and
benefits to those tenants who do not primarily reside at the regulated
accommodations. It is sound public policy to enable property owners to
commence these proceedings at any time during a tenant's lease.

LEGISLATIVE HISTORY: New Sill

FISCAL IMPLICATIONS:None.

EFFECTIVE DATE: This act shall take effect immediately.

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                    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

S. 5041                             2

ACCOMMODATION AS HIS OR HER PRIMARY RESIDENCE OR (II) A VOTE IS CAST  BY
A  TENANT  DURING  THEIR TENANCY IN ANY ELECTION HELD IN ACCORDANCE WITH
THE PROVISIONS OF THE ELECTION LAW CONDUCTED IN  ANY  ELECTION  DISTRICT
OTHER  THAN  THE ONE DESIGNATED FOR THE HOUSING ACCOMMODATION LOCATED IN
THE CITY SHALL RESULT IN A DETERMINATION THAT THE TENANT DOES NOT OCCUPY
THE HOUSING ACCOMMODATION AS HIS OR HER PRIMARY RESIDENCE. No action  or
proceeding  shall  be  commenced  seeking  to  recover possession on the
ground that a housing accommodation is not occupied by the tenant as his
or her primary residence 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.
  S 2. Subparagraph (f) of paragraph  1  of  subdivision  a  of  section
26-504 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:
  (f) not occupied by the tenant, not including subtenants or occupants,
as  his  or her primary residence, as determined by a court of competent
jurisdiction[, provided, however that no].  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  ACCOMMO-
DATION  AS  HIS  OR  HER PRIMARY RESIDENCE; PROVIDED, HOWEVER, THAT THIS
PROVISION SHALL NOT APPLY TO AN INDIVIDUAL WHO HAS REQUESTED  AN  EXTEN-
SION  OF  TIME FOR PAYMENT OF TAX OR WHERE ANY OTHER FACTOR EXISTS WHICH
WOULD EXCUSE THE TIMELY FILING OF SUCH 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  ACCOMMO-
DATION  AS  HIS OR HER PRIMARY RESIDENCE OR (II) A VOTE CAST BY A TENANT
DURING TENANCY IN ANY ELECTION HELD IN ACCORDANCE WITH THE PROVISIONS OF
THE ELECTION LAW CONDUCTED IN ANY ELECTION DISTRICT OTHER THAN  THE  ONE
DESIGNATED  FOR  THE  HOUSING  ACCOMMODATION  LOCATED  IN THE CITY SHALL
RESULT IN A FINDING THAT THE TENANT DOES NOT OCCUPY THE UNIT AS  HIS  OR
HER  PRIMARY RESIDENCE. NO action or proceeding shall be commenced seek-
ing to recover possession on the ground that a housing accommodation  is
not  occupied  by  the tenant as his or her primary residence 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.
SUCH  ACTION  OR PROCEEDING MAY BE BROUGHT AT ANY TIME DURING THE COURSE
OF A TENANT'S LEASE OR ANY RENEWAL LEASE. IN  THE  EVENT  AN  ACTION  OR
PROCEEDING  IS  COMMENCED  PRIOR  TO THE DATE THAT AN OFFER OF A RENEWAL
LEASE IS OTHERWISE REQUIRED TO BE MADE BY THE OWNER TO THE  TENANT,  THE
COMMENCEMENT  OF  SUCH  ACTION  OR  PROCEEDING  SHALL SUBSTITUTE FOR THE
SERVICE OF ANY OTHER NOTICE PERTAINING TO SUCH  RENEWAL,  INCLUDING  BUT
NOT  LIMITED  TO A NOTICE OF NON-RENEWAL OF SUCH LEASE. 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 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
  S 3. Paragraph 11 of subdivision a of section 5 of section 4 of  chap-
ter  576  of  the  laws  of  1974,  constituting  the  emergency  tenant

S. 5041                             3

protection act of nineteen seventy-four, as amended by  chapter  422  of
the laws of 2010, is amended to read as follows:
  (11)  housing accommodations which are 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 PURPOSES OF DETER-
MINING  PRIMARY RESIDENCY, AS SUCH TERM IS USED IN THIS ACT, THE FOLLOW-
ING SHALL APPLY: (I) THE FAILURE TO FILE A  STATE  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
ACCOMMODATION  AS  HIS OR HER PRIMARY RESIDENCE OR (II) A VOTE CAST BY A
TENANT DURING TENANCY IN  ANY  ELECTION  HELD  IN  ACCORDANCE  WITH  THE
PROVISIONS  OF THE ELECTION LAW CONDUCTED IN ANY ELECTION DISTRICT OTHER
THAN THE ONE DESIGNATED FOR THE HOUSING  ACCOMMODATION  LOCATED  IN  THE
CITY  OF  NEW  YORK  SHALL  RESULT IN A FINDING THAT THE TENANT DOES NOT
OCCUPY THE HOUSING ACCOMMODATION AS HIS OR HER PRIMARY  RESIDENCE.  SUCH
ACTION  OR  PROCEEDING MAY BE BROUGHT AT ANY TIME DURING THE COURSE OF A
TENANT'S LEASE OR ANY RENEWAL LEASE. IN THE EVENT AN ACTION OR  PROCEED-
ING  IS  COMMENCED PRIOR TO THE DATE THAT AN OFFER OF A RENEWAL LEASE IS
OTHERWISE REQUIRED TO BE MADE BY THE OWNER TO THE TENANT, THE  COMMENCE-
MENT  OF  SUCH  ACTION OR PROCEEDING SHALL SUBSTITUTE FOR THE SERVICE OF
ANY OTHER NOTICE PERTAINING TO SUCH RENEWAL, INCLUDING BUT  NOT  LIMITED
TO  A NOTICE OF NON-RENEWAL OF SUCH LEASE. For the purposes of determin-
ing 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 the purposes  of
this  paragraph,  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.
No action or proceeding shall be commenced seeking to recover possession
on the ground that a housing accommodation is not occupied by the tenant
as  his  or  her primary residence 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.
  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  the  amendment  to  section  26-504 of 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; and provided further that the amendment to section  5  of  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.

Co-Sponsors

S5041A (ACTIVE) - Bill 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) - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S5041A

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 determining primary residency of rent regulated housing
accommodations

PURPOSE:
This bill would help ensure that individuals who receive rent
regulation benefits actually utilize and occupy their primary
residence for purposes of being eligible for rent regulation
protections.

SUMMARY OF PROVISIONS:
This bill provides that for the purpose of determining whether a rent
regulated apartment is occupied by the tenant as their primary
residence, the failure to file a required tax return or casting of a
vote in an election district other than the one designated for that
apartment shall result in a rebuttable presumption that the tenant
does not occupy the apartment as their primary residence. This
presumption shall not be rebuttable when the tenant is also the
recipient of a property tax exemption arising from or attributable to
the ownership of another residence. The bill also provides that an
owner may challenge the primary residence status of the tenant at any
time during the tenant's lease and not only during the lease renewal
period prior to the expiration of the tenant's lease.

JUSTIFICATION:
Rent controlled and rent stabilized apartments should only be
available to persons who actually reside in those apartments.
Significant economic benefits are received by rent regulated tenants
and significant economic burdens are imposed upon property owners as a
result. If an individual is receiving a tax reduction for ownership of
another residence, property taxpayers should not be used to double
subsidize individuals with dual homes. It is self-evident that housing
accommodations that are subject to rent regulation should be the
primary residence of the tenants who occupy them. Furthermore, since
the ruling of the Court of Appeals in the case of Golub v. Frank, 65
NY2d 900 (1985), owners are authorized to commence primary residence
challenges only during the lease renewal period between 90 and 150
days prior to the expiration of a rent stabilized lease. Limiting such
challenges to that time period needlessly confers added protections
and benefits to those tenants who do not primarily reside at the
regulated accommodations. It is sound public policy to enable property
owners to commence these proceedings at any time during a tenant's
lease.

LEGISLATIVE HISTORY:
2011 - S.5041 - Passed Senate

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.


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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

S. 5041--A                          2

INCOME TAX RETURNS BASED UPON A RESIDENCE OTHER THAN THE HOUSING  ACCOM-
MODATION WHICH IS SUBJECT TO THIS CHAPTER, PROVIDED, HOWEVER, THAT WHERE
A  TENANT  IS THE RECIPIENT OF A PROPERTY TAX EXEMPTION OR ANY OTHER TAX
BENEFIT  ARISING  FROM  OR  ATTRIBUTABLE  TO THE OWNERSHIP OF SUCH OTHER
RESIDENCE, THE PRESUMPTION THAT THE TENANT DOES NOT OCCUPY SUCH  HOUSING
ACCOMMODATION AS HIS OR HER PRIMARY RESIDENCE SHALL NOT BE REBUTTABLE BY
SUCH TENANT, OR
  (II) ONE OR MORE VOTES ARE CAST BY SUCH TENANT DURING THEIR TENANCY IN
ANY  ELECTION HELD IN ACCORDANCE WITH THE PROVISIONS OF THE ELECTION LAW
CONDUCTED IN ANY ELECTION DISTRICT OTHER THAN THE ONE DESIGNATED FOR THE
HOUSING ACCOMMODATION SUBJECT TO THIS CHAPTER LOCATED IN  THE  CITY.  No
action or proceeding shall be commenced seeking to recover possession on
the ground that a housing accommodation is not occupied by the tenant as
his or her primary residence 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.
  S 2. Subparagraph (f) of paragraph  1  of  subdivision  a  of  section
26-504 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:
  (f) not occupied by the tenant, not including subtenants or occupants,
as  his  or her primary residence, as determined by a court of competent
jurisdiction[, provided, however that no].  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 RESIDENCE, 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
INCOME TAX RETURNS BASED UPON A RESIDENCE OTHER THAN THE HOUSING  ACCOM-
MODATION WHICH IS SUBJECT TO THIS CHAPTER, PROVIDED, HOWEVER, THAT WHERE
A  TENANT  IS THE RECIPIENT OF A PROPERTY TAX EXEMPTION OR ANY OTHER TAX
BENEFIT ARISING FROM OR ATTRIBUTABLE TO  THE  OWNERSHIP  OF  SUCH  OTHER
RESIDENCE,  THE PRESUMPTION THAT THE TENANT DOES NOT OCCUPY SUCH HOUSING
ACCOMMODATION AS HIS OR HER PRIMARY RESIDENCE SHALL NOT BE REBUTTABLE BY
SUCH TENANT, OR
  (II) ONE OR MORE VOTES ARE CAST BY SUCH TENANT DURING THEIR TENANCY IN
ANY ELECTION HELD IN ACCORDANCE WITH THE PROVISIONS OF THE ELECTION  LAW
CONDUCTED IN ANY ELECTION DISTRICT OTHER THAN THE ONE DESIGNATED FOR THE
HOUSING  ACCOMMODATION  SUBJECT TO THIS CHAPTER LOCATED IN THE CITY.  NO
action or proceeding shall be commenced seeking to recover possession on
the ground that a housing accommodation is not occupied by the tenant as
his or her primary residence 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.  SUCH ACTION OR PROCEEDING
MAY BE BROUGHT AT ANY TIME DURING THE COURSE OF A TENANT'S LEASE OR  ANY
RENEWAL  LEASE. IN THE EVENT AN ACTION OR PROCEEDING IS COMMENCED PURSU-
ANT TO THIS SUBPARAGRAPH PRIOR TO THE DATE THAT AN OFFER  OF  A  RENEWAL
LEASE  IS  OTHERWISE REQUIRED TO BE MADE BY THE OWNER TO THE TENANT, THE
COMMENCEMENT OF SUCH ACTION  OR  PROCEEDING  SHALL  SUBSTITUTE  FOR  THE
SERVICE  OF  ANY  OTHER NOTICE PERTAINING TO SUCH RENEWAL, INCLUDING BUT
NOT LIMITED TO, A NOTICE OF NON-RENEWAL OF SUCH LEASE. 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  the

S. 5041--A                          3

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
  S  3. Paragraph 11 of subdivision a of section 5 of section 4 of chap-
ter  576  of  the  laws  of  1974,  constituting  the  emergency  tenant
protection  act  of  nineteen seventy-four, as amended by chapter 422 of
the laws of 2010, is amended to read as follows:
  (11) housing accommodations which are 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 PURPOSES OF DETER-
MINING PRIMARY RESIDENCY, AS SUCH TERM IS USED IN THIS ACT, THERE  SHALL
BE  A  PRESUMPTION,  REBUTTABLE  BY THE TENANT, THAT THE TENANT DOES NOT
OCCUPY SUCH HOUSING ACCOMMODATION  AS  HIS  OR  HER  PRIMARY  RESIDENCE,
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
INCOME  TAX RETURNS BASED UPON A RESIDENCE OTHER THAN THE HOUSING ACCOM-
MODATION WHICH IS SUBJECT TO THIS ACT, PROVIDED, HOWEVER, THAT  WHERE  A
TENANT  IS  THE  RECIPIENT  OF A PROPERTY TAX EXEMPTION OR ANY OTHER TAX
BENEFIT ARISING FROM OR ATTRIBUTABLE TO THE OWNERSHIP OF SUCH RESIDENCE,
THE PRESUMPTION THAT THE TENANT DOES NOT OCCUPY  SUCH  HOUSING  ACCOMMO-
DATION  AS  HIS OR HER PRIMARY RESIDENCE SHALL NOT BE REBUTTABLE BY SUCH
TENANT, OR
  (II) ONE OR MORE VOTES ARE CAST BY SUCH TENANT DURING THEIR TENANCY IN
ANY ELECTION HELD IN ACCORDANCE WITH THE PROVISIONS OF THE ELECTION  LAW
CONDUCTED IN ANY ELECTION DISTRICT OTHER THAN THE ONE DESIGNATED FOR THE
HOUSING  ACCOMMODATION  SUBJECT TO THIS ACT LOCATED IN THE CITY, TOWN OR
VILLAGE.  SUCH ACTION OR PROCEEDING MAY BE BROUGHT AT  ANY  TIME  DURING
THE  COURSE  OF  A  TENANT'S LEASE OR ANY RENEWAL LEASE. IN THE EVENT AN
ACTION OR PROCEEDING IS COMMENCED PURSUANT TO THIS  PARAGRAPH  PRIOR  TO
THE  DATE  THAT  AN OFFER OF A RENEWAL LEASE IS OTHERWISE REQUIRED TO BE
MADE BY THE OWNER TO THE TENANT, THE  COMMENCEMENT  OF  SUCH  ACTION  OR
PROCEEDING SHALL SUBSTITUTE FOR THE SERVICE OF ANY OTHER NOTICE PERTAIN-
ING TO SUCH RENEWAL, INCLUDING BUT NOT LIMITED TO, A NOTICE OF NON-RENE-
WAL  OF SUCH LEASE. 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 the purposes of this paragraph, where a hous-
ing 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. No action or proceeding shall 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.
  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

S. 5041--A                          4

provided further that the  amendment  to  section  26-504  of  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; and provided further that the amendment to section  5  of  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.

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