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Senate Bill S1901

2011-2012 Legislative Session

Provides basis for determining primary residency

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Sponsored By

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

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2011-S1901 (ACTIVE) - Details

Current Committee:
Senate Housing, Construction And Community Development
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
Versions Introduced in 2009-2010 Legislative Session:
S1312

2011-S1901 (ACTIVE) - Summary

Provides that failure to file New York city income tax return shall constitute a prima facie finding that a housing accommodation subject to the emergency housing rent control act is not a person's primary residence as claimed by the delinquent taxpayer and failure to file a state tax return shall constitute a prima facie finding that a housing accommodation subject to the emergency tenant protection act of 1974 is not a person's primary residence.

2011-S1901 (ACTIVE) - Sponsor Memo

2011-S1901 (ACTIVE) - Bill Text download pdf 

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

                                  1901

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 2011
                               ___________

Introduced  by  Sen.  KRUGER -- 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

  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 USED IN THIS CHAPTER, THE FAILURE TO
FILE A NEW YORK  CITY  RESIDENT  INCOME  TAX  RETURN  BY  AN  INDIVIDUAL
REQUIRED  BY  LAW  TO FILE SUCH A RETURN, SHALL RESULT IN A FINDING THAT
THE TENANT DOES NOT OCCUPY THE UNIT 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 THE RETURN, ALONE, SHALL NOT
RESULT IN A PRESUMPTION THAT THE INDIVIDUAL DOES OCCUPY THE UNIT AS  HIS
OR  HER  PRIMARY  RESIDENCE.  No action or proceeding shall be commenced
seeking to recover possession on the ground that a housing accommodation

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06693-01-1

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