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 |
Feb 03, 2012 |
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 |
Senate Bill S5041
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Assembly 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
Actions
Votes
Bill Amendments
2011-S5041 - Details
2011-S5041 - 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
2011-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
(R, C, IP) Senate District
2011-S5041A (ACTIVE) - Details
2011-S5041A (ACTIVE) - 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
2011-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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