S. 5724 2
section contained within a Part, including the effective date of the
Part, which makes a reference to a section "of this act", when used in
connection with that particular component, shall be deemed to mean and
refer to the corresponding section of the Part in which it is found.
Section three of this act sets forth the general effective date of this
act.
PART A
Section 1. The opening paragraph of item (A) of subparagraph (iv) of
paragraph (a) of subdivision 2 of section 421-a of the real property tax
law, as amended by chapter 618 of the laws of 2007, is amended to read
as follows:
Unless excluded by local law, in the city of New York, the benefits of
this subparagraph shall be available in the borough of Manhattan for new
multiple dwellings on tax lots now existing or hereafter created south
of or adjacent to either side of one hundred tenth street [which] THAT
commence construction after July first, nineteen hundred ninety-two [and
before December twenty-eighth, two thousand ten] only if:
S 2. Subparagraph (ii) of paragraph (c) of subdivision 2 of section
421-a of the real property tax law, as amended by chapter 618 of the
laws of 2007, is amended to read as follows:
(ii) construction is commenced after January first, nineteen hundred
seventy-five [and before December twenty-eighth, two thousand ten]
provided, however, that such commencement period shall not apply to
multiple dwellings eligible for benefits under subparagraph (iv) of
paragraph (a) of this subdivision;
S 3. Paragraph (d) of subdivision 2 of section 421-a of the real prop-
erty tax law, as amended by chapter 692 of the laws of 1995, is amended
to read as follows:
(d) [As of July first, nineteen hundred seventy-five] FOR ANY BUILDING
GRANTED TAX EXEMPTION PURSUANT TO THIS SECTION BY THE LOCAL HOUSING
AGENCY ON OR SUBSEQUENT TO JULY FIRST, NINETEEN HUNDRED SEVENTY-ONE, if
the aggregate floor area of commercial, community facility and accessory
use space exceeds twelve [per cent] PERCENT of the aggregate floor area,
as defined herein, [of any building granted tax exemption pursuant to
this section on or subsequent to July first, nineteen hundred seventy-
one] OF SUCH BUILDING, tax exemption shall be reduced by an amount equal
to the [per cent] PERCENT of the aggregate floor area by which the
aggregate floor area of commercial, community facility and accessory use
space exceeds twelve [per cent] PERCENT of the aggregate floor area of
the building provided, however, that accessory use space shall not
include accessory parking located not more than twenty-three feet above
the curb level and provided, further, that whenever a building contain-
ing two or more separately assessed parcels of real property has commer-
cial, community facility and accessory use space in excess of such
twelve percent, the tax arising out of the reduction in exemption for
such excess space shall not be apportioned pro rata among all of the
separately assessed parcels in the building but shall be applied first
to those separately assessed parcels which are unrelated to the residen-
tial use of the building; and only after such unrelated parcels are
fully taxable shall the remainder of such tax be apportioned pro rata
among the remaining separately assessed parcels and provided further,
that no such exemption for commercial, community facility and accessory
use space shall be applicable prior to July first, nineteen hundred
seventy-five. To be eligible for exemption under this section such
S. 5724 3
construction shall take place on land which, thirty-six months prior to
the commencement of such construction, was vacant, predominantly vacant,
under-utilized, or improved with a non-conforming use, provided that if
such new multiple dwelling displaces or replaces a building or buildings
containing more than twenty-five occupied dwelling units in existence on
December thirty-first, nineteen hundred seventy-four and administered
under the local emergency housing rent control act, the rent stabiliza-
tion law of nineteen hundred sixty-nine, or the emergency tenant
protection act of nineteen seventy-four, such new multiple dwelling
shall not be eligible in the city of New York unless a certificate of
eviction has been issued for any of the displaced or replaced units
pursuant to the powers granted by the city rent and rehabilitation law,
and that the sale, transfer or utilization of air rights over residen-
tial buildings that were not demolished shall not be construed as a
displacement or replacement of the dwelling units contained within those
buildings within the meaning of this subdivision.
S 4. Subdivision 3 of section 421-a of the real property tax law, as
amended by chapter 857 of the laws of 1975, the opening paragraph as
amended by chapter 655 of the laws of 1978, paragraph (iv) as amended by
chapter 703 of the laws of 1976, and such section as renumbered by chap-
ter 110 of the laws of 1977, is amended to read as follows:
3. Application forms for exemption under this section shall be filed
with the [assessors between February first and March fifteenth and,
based on the certification of the local housing agency as herein
provided, the assessors shall certify to the collecting officer the
amount of taxes to be abated] LOCAL HOUSING AGENCY, WHICH SHALL ISSUE A
CERTIFICATE CERTIFYING THE APPLICANT'S ELIGIBILITY PURSUANT TO SUBDIVI-
SIONS TWO AND FOUR OF THIS SECTION. If there be in a city of one
million population or more a department of housing preservation and
development, the term "housing agency" shall mean only such department
of housing preservation and development. [No such application shall be
accepted by the assessors unless accompanied by a certificate of the
local housing agency certifying the applicant's eligibility pursuant to
subdivisions two and four of this section.] No such certification of
eligibility shall be issued by the local housing agency until such agen-
cy determines the initial adjusted monthly rent to be paid by tenants
residing in rental dwelling units contained within the multiple dwelling
and the comparative adjusted monthly rent that would have to be paid by
such tenants if no tax exemption were applicable as provided by this
section. The initial adjusted monthly rent will be certified by the
local housing agency as the first rent for the subject dwelling units. A
copy of such certification with respect to such units shall be attached
by the applicant to the first effective lease or occupancy agreement.
The initial adjusted monthly rent shall reflect the full tax exemption
benefits as approved by the agency.
The agency shall determine the amount of the initial adjusted monthly
rent as follows:
(i) The total project cost shall be determined by adding the following
items:
(a) Land acquisition cost or purchase price, if purchased within two
years prior to the date on which construction or alteration is
commenced; or land acquisition cost or purchase price or an appraisal
prepared by a qualified independent appraiser, in such form as is
acceptable to the agency, if purchased more than two years prior to such
date. Land acquisition cost or purchase price, where used, shall be
certified to by an independent certified public accountant;
S. 5724 4
(b) Costs incurred in the process of preparing the site for
construction, including but not limited to operating losses, relocation
expenses, demolition expenses and carrying charges, such costs to be
certified by an independent certified public accountant to a date not
more than ninety days prior to the filing of an application for certif-
ication of eligibility and the balance of such costs to be estimated;
(c) Construction costs for constructing or rehabilitating the multiple
dwelling as determined by the agency in accordance with subdivision four
of this section, plus such amount, if any, representing unique and
special costs as may be allowed by the agency for a particular multiple
dwelling;
(d) An allowance for estimated off-site costs, including but not
limited to architects, engineers and legal fees, interest and taxes
during construction, insurance, title and mortgage fees, as determined
by the agency in accordance with subdivision four of this section, and
(e) such other amounts as are ordinarily and customarily incurred in
connection with the construction or rehabilitation of a multiple dwell-
ing, as determined by the agency in accordance with subdivision four of
this section.
(ii) The total expenses of the multiple dwelling shall be determined
by adding the following items:
(a) The amount that the agency determines to be the reasonable annual
costs for the continuing maintenance and operation of the multiple
dwelling in accordance with subdivision four of this section;
(b) The amount that the agency determines to be an appropriate annual
provision for vacancies, contingency reserves and management fees in
accordance with subdivision four of this section.
(c) The projected real property taxes to be levied on the multiple
dwelling and the land on which it is situated at the time of estimated
initial occupancy;
(d) Fourteen (14) [per cent] PERCENT of the total project cost, as
hereinabove defined, which amount will include all expenses for debt
service; and
(e) Deducting from said total the estimated annual income to be
derived from any commercial, community facility or accessory use space
in the building.
(iii) The total expenses shall be divided by the room count to provide
the adjusted monthly rent per room per month.
(iv) The adjusted monthly rent per room per month shall be multiplied
by the room count of each rental dwelling unit to provide the initial
adjusted monthly rent for such dwelling unit. The agency may allow
adjustments in the initial adjusted monthly rent for any particular
dwelling units provided that the total of the initial adjusted monthly
rents for all of the rental dwelling units in a multiple dwelling shall
not exceed the total expenses of such multiple dwelling.
The agency shall determine the estimated comparative adjusted monthly
rent that would have to be paid if no tax exemption were applicable as
provided by this section by adding to the adjusted monthly rent for each
dwelling unit as hereinabove computed an amount equal to (a) the differ-
ence between the projected real property taxes which would be levied on
the multiple dwelling and the land on which it is situated at the time
estimated initial occupancy if no tax abatement were applicable as
provided by this section and the projected real property taxes hereina-
bove utilized in connection with the computation of total expenses; (b)
divided by the room count of the building as per this section; and (c)
S. 5724 5
multiplied by the applicants approved room count of each such dwelling
unit.
The local housing agency may promulgate rules and regulations to carry
out the provisions of this section, not inconsistent with the provisions
hereof, [and may require a reasonable filing fee in an amount provided
by such rules and regulations] INCLUDING, BUT NOT LIMITED TO, RULES AND
REGULATIONS RELATING TO THE FILING FEE AUTHORIZED PURSUANT TO PARAGRAPH
B OF SUBDIVISION FOUR OF THIS SECTION. NOTWITHSTANDING THE PROVISIONS OF
ANY GENERAL, SPECIAL OR LOCAL LAW, THE LOCAL HOUSING AGENCY IN A CITY OF
ONE MILLION OR MORE MAY REQUIRE THAT APPLICATIONS FOR EXEMPTION UNDER
THIS SECTION THAT ARE FILED ON OR AFTER THE EFFECTIVE DATE OF THIS ACT
BE FILED ELECTRONICALLY.
S 5. Paragraph b of subdivision 4 of section 421-a of the real proper-
ty tax law, as added by chapter 744 of the laws of 2004, is amended to
read as follows:
b. The local housing agency [may] SHALL require a filing fee not to
exceed the greater of (i) four-tenths of one percent of the total
project cost, or (ii) if the building will be owned as a cooperative or
condominium, four-tenths of one percent of the total project cost or
four-tenths of one percent of the total project sell-out price stated in
the last amendment to the offering plan accepted for filing by the
attorney general of the state, at the option of the applicant. Such
total project cost or total project sell-out price shall be determined
pursuant to rules promulgated by the local housing agency. Notwithstand-
ing the foregoing, the local housing agency may promulgate rules impos-
ing an additional fee if an application, or any part thereof, or
submission in connection therewith, is defective and such defect delays
the processing of such application or causes the local housing agency to
expend additional resources in the processing of such application.
S 6. Subparagraph (i) of paragraph (a) of subdivision 6 of section
421-a of the real property tax law, as added by chapter 110 of the laws
of 2005, is amended to read as follows:
(i) "Covered project." (A) A new building located within the Green-
point - Williamsburg waterfront exclusion area, (B) two or more build-
ings which are part of one contiguous development entirely located with-
in the Greenpoint - Williamsburg waterfront exclusion area, (C) two or
more buildings which are located within the Greenpoint - Williamsburg
waterfront exclusion area and are part of a single development parcel
specifically identified in section [62-831] 62-931 of the local zoning
resolution, or (D) where so authorized in writing by the local housing
agency, one or more buildings located within the Greenpoint - Williams-
burg waterfront exclusion area and one or more buildings located outside
the Greenpoint - Williamsburg waterfront exclusion area but within
Community District Number One in the borough of Brooklyn. The cumulative
number of affordable units located outside the Greenpoint - Williamsburg
waterfront exclusion area in all covered projects described in clause
(D) of this subparagraph shall not exceed two hundred. A building
located outside the Greenpoint - Williamsburg waterfront exclusion area
which is part of a covered project described in clause (D) of this
subparagraph shall not contain any affordable units with respect to
which an application pending before a governmental entity on the effec-
tive date of this subdivision or a written agreement in effect on the
effective date of this subdivision provided for the development of such
affordable units.
S 7. The legislature finds and takes notice that there has been a
significant decrease in the construction of affordable housing and in
S. 5724 6
construction employment in New York city since the program established
in section 421-a of the real property tax law lapsed. It is in the best
interest of the state and the city to promote timely completion of
affordable housing while at the same time maximizing the benefits of the
public subsidy provided through such program to private owners. In an
effort to accomplish the foregoing objective the New York city depart-
ment of housing preservation development shall administer a pilot
project to require section 421-a of the real property tax law applicants
as a condition of receipt of benefits in the borough of Manhattan to
enter into a private project labor agreement for the construction of
affordable housing.
An applicant as a condition of the receipt of benefits under such
section for any new construction commenced after November 1, 2012 for
any tax lots in the borough of Manhattan shall negotiate a private
project labor agreement for any new construction project which consists
of more than 150 dwelling units. Such project labor agreement shall be
provided to the local housing agency prior to final approval. Such
applicant may apply for a waiver from such condition from the local
housing agency in the event that the applicant demonstrates it is impos-
sible to achieve an agreement based on the principles of fairness and
equity or it negatively impacts the ability of the applicant to provide
the affordable housing.
As used in this section "project labor agreement" shall mean a pre-
hire collective bargaining agreement between the applicant and a build-
ing and construction trade labor organization establishing such labor
organization as the collective bargaining representative for all persons
performing work on the project.
The local housing agency shall prepare a report no later than February
1, 2013 which shall examine the impact of private project labor agree-
ments on the program established pursuant to section 421-a of the real
property tax law and in particular on timely completion, maximization of
the public subsidy provided and costs of construction of the affordable
housing.
S 8. This act shall take effect immediately, provided, however, that
the amendments to item (A) of subparagraph (iv) of paragraph (a) of
subdivision 2 and subparagraph (ii) of paragraph (c) of subdivision 2 of
section 421-a of the real property tax law made by sections one and two
of this act shall be deemed to have been in full force and effect as of
December 28, 2010.
PART B
Section 1. Section 17 of chapter 576 of the laws of 1974, amending the
emergency housing rent control law relating to the control of and
stabilization of rent in certain cases, as amended by chapter 82 of the
laws of 2003, is amended to read as follows:
S 17. Effective date. This act shall take effect immediately [and
shall remain in full force and effect until and including the fifteenth
day of June 2011]; except that sections two and three shall take effect
with respect to any city having a population of one million or more and
section one shall take effect with respect to any other city, or any
town or village whenever the local legislative body of a city, town or
village determines the existence of a public emergency pursuant to
section three of the emergency tenant protection act of nineteen seven-
ty-four, as enacted by section four of this act, and provided that the
housing accommodations subject on the effective date of this act to
S. 5724 7
stabilization pursuant to the New York city rent stabilization law of
nineteen hundred sixty-nine shall remain subject to such law upon the
expiration of this act.
S 2. Subdivision 2 of section 1 of chapter 274 of the laws of 1946,
constituting the emergency housing rent control law, is REPEALED.
S 3. Section 2 of chapter 329 of the laws of 1963, amending the emer-
gency housing rent control law relating to recontrol of rents in Albany,
as amended by chapter 82 of the laws of 2003, is amended to read as
follows:
S 2. This act shall take effect immediately [and the provisions of
subdivision 6 of section 12 of the emergency housing rent control law,
as added by this act, shall remain in full force and effect until and
including June 15, 2011].
S 4. Section 10 of chapter 555 of the laws of 1982, amending the
general business law and the administrative code of the city of New York
relating to conversion of residential property to cooperative or condo-
minium ownership in the city of New York, as amended by chapter 82 of
the laws of 2003, is amended to read as follows:
S 10. This act shall take effect immediately; provided, that [the
provisions of sections one, two and nine of this act shall remain in
full force and effect only until and including June 15, 2011; provided
further that the provisions of section three 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; provided further that the provisions of sections four,
five, six and seven of this act shall expire in accordance with the
provisions of section 26-520 of the administrative code of the city of
New York as such section of the administrative code is, from time to
time, amended; provided further that] the provisions of section 26-511
of the administrative code of the city of New York, as amended by this
act, which the New York City Department of Housing Preservation and
Development must find are contained in the code of the real estate
industry stabilization association of such city in order to approve it,
shall be deemed contained therein as of the effective date of this act;
and provided further that any plan accepted for filing by the department
of law on or before the effective date of this act shall continue to be
governed by the provisions of section 352-eeee of the general business
law as they had existed immediately prior to the effective date of this
act.
S 5. Section 4 of chapter 402 of the laws of 1983, amending the gener-
al business law relating to conversions of rental residential property
to cooperative or condominium ownership in certain municipalities in the
counties of Nassau, Westchester and Rockland, as amended by chapter 82
of the laws of 2003, is amended to read as follows:
S 4. This act shall take effect immediately; provided, that [the
provisions of sections one and three of this act shall remain in full
force and effect only until and including June 15, 2011; and provided
further that] any plan accepted for filing by the department of law on
or before the effective date of this act shall continue to be governed
by the provisions of section 352-eee of the general business law as they
had existed immediately prior to the effective date of this act.
S 6. Subdivision 6 of section 46 of chapter 116 of the laws of 1997,
constituting the rent regulation reform act of 1997, is REPEALED.
S 7. This act shall take effect immediately.
S. 5724 8
PART C
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
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
S. 5724 9
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
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
S. 5724 10
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.
S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through C of this act shall be
as specifically set forth in the last section of such Parts.