senate Bill S1725

2013-2014 Legislative Session

Protects non-purchasing senior citizens threatened by eviction pursuant to a cooperative/condominium conversion plan

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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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Actions

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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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S1725 - Bill Details

Current Committee:
Law Section:
Housing
Laws Affected:
Amd ยง10, Chap 555 of 1982
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3113
2009-2010: S1028

S1725 - Bill Texts

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Provides that a person sixty-two years of age or older, who is a tenant of a dwelling unit located in a building which is located in the city of New York, and who is threatened with eviction because such building is subject to a cooperative or condominium conversion plan, shall be entitled to remain in occupancy of such dwelling unit.

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BILL NUMBER:S1725

TITLE OF BILL:
An act
to provide continued tenancy for certain non-purchasing senior
citizens in the city of New York; and to amend 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 condominium ownership in the city of New York, in
relation to extending the expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:
To provide that any citizen, age 62 or older, who has maintained a
continued occupancy and is a non-purchasing tenant in a multiple
dwelling unit which has been converted to a coop or condominium,
pursuant to an eviction plan, will not be subject to an eviction.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill is the legislative intent.

Section 2 of the bill extends protections to long residing tenants in
instances of condominium and co-operative housing conversions.

Section 3 provides for an effective date.

JUSTIFICATION:
over the past decade, the legislature has enacted into law protections
to ensure that senior citizens should not be subject to eviction
under co-op and condominium conversion plans. Despite these attempts
to Provide a blanket Protection, there are still senior citizens who
continue to reside in multiple dwelling units who are not afforded
these protections.

With the vacancy rate in NYC remaining under five percent, and
therefore housing being scarce, it is incumbent upon the legislature
to insure that senior citizens be afforded protections against
eviction plans, as long as they meet certain requirements:

1. be 62 years of age or older;

2. has maintained a continued occupancy;

3. and is a non-purchasing tenant in a multiple dwelling unit which
has been converted to a co-op or condominium, pursuant to en eviction
plan.

This bill provides the necessary protection.

PRIOR LEGISLATIVE HISTORY: 2009-10: A.5610-Referred
to Housing

FISCAL IMPLICATIONS: None to the state.

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
________________________________________________________________________

                                  1725

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. ESPAILLAT, HASSELL-THOMPSON, KRUEGER -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Housing, Construction and Community Development

AN ACT to provide continued tenancy for  certain  non-purchasing  senior
  citizens in the city of New York; and to amend 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 condominium ownership in the city of  New  York,  in
  relation to extending the expiration thereof

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

  Section 1. The legislature  hereby  finds  that  due  to  the  special
circumstances of senior citizens, a greater degree of care must be taken
in preserving the essentials of life for the elderly. In 1982, and again
in  1986,  the  legislature  recognized the particular hardship of relo-
cation for  such  persons  and  extended  to  eligible  senior  citizens
protection  from eviction pursuant to certain cooperative or condominium
conversion plans. The legislature hereby finds that  greater  protection
must  be  afforded  to  senior  citizens  currently residing in multiple
dwellings subject to a cooperative or condominium conversion plan in the
city of New York and threatened with eviction pursuant  to  an  eviction
plan.
  S  2.  Notwithstanding  any  contrary provision of law, any person who
attains the age of sixty-two years or older on or before July  1,  2013,
who  is  and  has  continuously  been  since prior to January 1, 1982, a
tenant of a dwelling unit located in a building or group of buildings or
development in the city of New York subject to a cooperative  or  condo-
minium  conversion eviction plan, and who is a non-purchasing tenant and
otherwise subject to eviction may remain in occupancy, with all  of  the
rights  of non-purchasing tenants as provided in paragraph (c) of subdi-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04993-01-3

S. 1725                             2

vision 2 of section  352-eeee  of  the  general  business  law  and  all
protections  extended by applicable rent regulation laws and provisions;
provided, however, that the units occupied by such tenants or the shares
allocated  thereto have not been sold to a bona fide purchaser for occu-
pancy prior to the effective date of this  act;  and  provided  further,
however, that the right of succession with respect to such unit shall be
limited  to  the  spouses  of  such tenants, and thereafter, such family
members of such tenants which are named on the lease for  such  dwelling
unit.
  S  3.    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 section 4 of
part B of chapter 97 of the laws of 2011, 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,  [2015]  2018;
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  emer-
gency  housing rent control act; provided further that the provisions of
sections four, five, six and seven of this act shall expire  in  accord-
ance 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 4. This act shall take effect immediately.

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