senate Bill S1273

2013-2014 Legislative Session

Prohibits warehousing of housing accommodations and harassment of tenants; provides penalties therefor

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Archive: Last Bill Status - In Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to housing, construction and community development
Jan 09, 2013 referred to housing, construction and community development

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S1273 - Bill Details

See Assembly Version of this Bill:
A4058
Current Committee:
Law Section:
New York City Administrative Code
Laws Affected:
Amd §§26-412 & 26-516, NYC Ad Cd; amd §12, Emerg Ten Prot Act of 1974
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1375, A4911
2009-2010: S1137A, A1403A

S1273 - Bill Texts

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Provides that penalties may be levied against a person who intentionally withholds a housing accommodation from the market, including for the purpose of future co-operative conversion.

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BILL NUMBER:S1273

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 warehousing of housing accommodations and penalties
therefor

PURPOSE:
To eliminate the practice of warehousing by providing strong penalties
to deter such practice.

SUMMARY OF PROVISIONS:
Amends Section 26-412 of the Administrative Code of the City of New
York by adding a new subdivision g; amends section 26-512 of the
above code;
amends chapter 576 (1974) - the Emergency Tenant Protection Act.
Provides that penalties may be levied against a person who
intentionally withholds a housing accommodation from the market,
including for the purpose of future co-operative conversion.

JUSTIFICATION:
The practice of warehousing, intentionally withholding apartments from
the housing market, particularly for future cooperative apartment
conversion, has contributed significantly to the shortage of housing
in New York. This practice has limited the affordable housing stock
in New York City, further exacerbating the city's chronic housing
shortage.
This bill will make it illegal to harass a tenant to vacate his or her
apartment or intentionally withhold an apartment from the rental
market.

This legislation will impose civil penalties of $1000-$2500 for the
warehousing of suitable housing units to prevent the further
diminution of this scarce resource.

FISCAL IMPLICATIONS:
None to the state.

LEGISLATIVE HISTORY:
2011-12: S.1375 - Referred to Housing, Construction and Community
Development
2009-10: S.2915 - Referred to Housing, Construction and Community
Development
2007-08: S.2915 - Referred to Housing, Construction and
Community Development
2005-06: S.1509 - Referred to Housing,
Construction and Community Development
2003-04: S.2120 - Referred to
Housing, Construction and Community Development
2001-02: S.1568 - Referred to Housing, Construction and
Community Development

EFFECTIVE DATE:
Takes effect immediately, with provisions.


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

                                  1273

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. PERKINS, DIAZ, HASSELL-THOMPSON, KRUEGER, MONTGOM-
  ERY, PARKER, SERRANO, STAVISKY -- 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 warehousing of housing accommodations and penalties therefor

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

  Section 1.  Legislative findings and intent. The legislature finds and
declares that each person in the state shall have a right to  be  housed
and that such right to housing is a basic human right.
  The legislature further finds and declares that the practice of "ware-
housing",  that  is  of intentionally withholding housing accommodations
from the housing market, including the  withholding  of  apartments  for
purposes  of  future  co-operative apartment conversion, has contributed
significantly to the shortage of housing in this  state,  especially  in
the city of New York.
  The  legislature further finds and declares that the practice of ware-
housing has violated the right to housing of many of  the  citizens  and
residents of this state.
  It  is thus the intent of the legislature to eliminate the practice of
warehousing by providing strong penalties to deter such practice.
  S 2. Section 26-412 of the administrative code of the city of New York
is amended by adding a new subdivision g to read as follows:
  G. IT SHALL BE UNLAWFUL TO HARASS A TENANT TO OBTAIN VACANCY OF HIS OR
HER HOUSING ACCOMMODATION OR TO HAVE INTENTIONALLY  WITHHELD  A  HOUSING
ACCOMMODATION  FROM THE MARKET, INCLUDING WITHHOLDING SUCH ACCOMMODATION
FOR THE PURPOSE OF FUTURE CO-OPERATIVE APARTMENT CONVERSION.    FOR  THE
PURPOSES  OF  THIS  SUBDIVISION,  HARASSMENT  CONSISTS  OF ENGAGING IN A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00575-01-3

S. 1273                             2

COURSE OF CONDUCT OR REPEATEDLY COMMITTING ACTS WHICH ALARM OR SERIOUSLY
ANNOY A TENANT OR OTHER PERSON RESIDING IN THE TENANT'S HOUSING ACCOMMO-
DATION AND WHICH SERVE NO LEGITIMATE PURPOSE.
  S 3. Paragraph 2 of subdivision c of section 26-516 of the administra-
tive  code  of  the city of New York, as amended by section 1 of chapter
480 of the laws of 2009, is amended to read as follows:
  (2) to have harassed a tenant to obtain vacancy of his or her  housing
accommodation  OR TO HAVE INTENTIONALLY WITHHELD A HOUSING ACCOMMODATION
FROM THE  MARKET,  INCLUDING  WITHHOLDING  SUCH  ACCOMMODATION  FOR  THE
PURPOSE  OF  FUTURE  CO-OPERATIVE APARTMENT CONVERSION, the commissioner
may impose by administrative order after hearing, a  civil  penalty  for
any  such violation. Such penalty shall be in the amount of two thousand
dollars for a first such offense and up to ten thousand dollars for each
subsequent offense or for a violation consisting of conduct directed  at
the tenants of more than one housing accommodation.
  S 4. Paragraph 2 of subdivision c of section 26-516 of the administra-
tive  code  of  the city of New York, as amended by section 2 of chapter
480 of the laws of 2009, is amended to read as follows:
  (2) to have harassed a tenant to obtain vacancy of his or her  housing
accommodation  OR TO HAVE INTENTIONALLY WITHHELD A HOUSING ACCOMMODATION
FROM THE  MARKET,  INCLUDING  WITHHOLDING  SUCH  ACCOMMODATION  FOR  THE
PURPOSE  OF  FUTURE  CO-OPERATIVE APARTMENT CONVERSION, the commissioner
may impose by administrative order after hearing, a  civil  penalty  for
any  such violation. Such penalty shall be in the amount of two thousand
dollars for a first such offense and up to ten thousand dollars for each
subsequent offense or for a violation consisting of conduct directed  at
the tenants of more than one housing accommodation.
  S  5.  Clause  (ii)  of  paragraph 3 of subdivision a of section 12 of
section 4 of chapter 576 of the laws of 1974, constituting the emergency
tenant protection act of nineteen seventy-four, as amended by section  5
of chapter 480 of the laws of 2009, is amended to read as follows:
  (ii) to have harassed a tenant to obtain vacancy of his housing accom-
modation  OR TO HAVE INTENTIONALLY WITHHELD A HOUSING ACCOMMODATION FROM
THE MARKET, INCLUDING WITHHOLDING SUCH ACCOMMODATION FOR THE PURPOSE  OF
FUTURE CO-OPERATIVE APARTMENT CONVERSION, the commissioner may impose by
administrative  order  after  hearing,  a  civil  penalty  for  any such
violation. Such penalty shall be in the amount of two  thousand  dollars
for  the first such offense and ten thousand dollars for each subsequent
offense or for a violation consisting of conduct directed at the tenants
of more than one housing accommodation.
  S 6. Clause (ii) of paragraph 3 of subdivision  a  of  section  12  of
section 4 of chapter 576 of the laws of 1974, constituting the emergency
tenant  protection act of nineteen seventy-four, as amended by section 6
of chapter 480 of the laws of 2009, is amended to read as follows:
  (ii) to have harassed a tenant to obtain vacancy of his housing accom-
modation OR TO HAVE INTENTIONALLY WITHHELD A HOUSING ACCOMMODATION  FROM
THE  MARKET, INCLUDING WITHHOLDING SUCH ACCOMMODATION FOR THE PURPOSE OF
FUTURE CO-OPERATIVE APARTMENT CONVERSION, the commissioner may impose by
administrative order  after  hearing,  a  civil  penalty  for  any  such
violation.  Such  penalty shall be in the amount of two thousand dollars
for the first such offense and ten thousand dollars for each  subsequent
offense or for a violation consisting of conduct directed at the tenants
of more than one housing accommodation.
  S  7.  This act shall take effect immediately provided that the amend-
ment to section 26-412 of the city rent and rehabilitation law  made  by
section  two  of  this act shall remain in full force and effect only so

S. 1273                             3

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  26-516 of the rent
stabilization law of nineteen hundred sixty-nine made by sections  three
and  four of this act shall expire on the same date as such law expires,
and provided further that the amendment to paragraph 2 of subdivision  c
of  section  26-516  of  the administrative code of the city of New York
made by section three of this act shall not  affect  the  expiration  of
such  paragraph  and  shall expire therewith when upon such date section
four of this act shall take effect; provided further that the  amendment
to  section 12 of the emergency tenant protection act of nineteen seven-
ty-four made by sections five and six 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;  and provided further that the amendments to clause (ii) of
paragraph 3 of subdivision a of  section  12  of  the  emergency  tenant
protection  act  made  by  section five of this act shall not affect the
expiration of such clause and shall expire therewith when upon such date
section six of this act shall take effect.

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