senate Bill S1808

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

S1808 - Bill Details

See Assembly Version of this Bill:
A3893
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: S3154, S6391, A4645
2009-2010: S373, A8290

S1808 - Bill Texts

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

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BILL NUMBER:S1808

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 OR GENERAL IDEA OF BILL:
To eliminate the practice of warehousing by providing strong penalties
to deter such practice.

SUMMARY OF SPECIFIC PROVISIONS:
Amends section 26-412 of the Administrative Code of the City of New
York by adding a new subdivision g; amends two sections of section
26-516 of the above code; amends chapter 576 of the laws of 1974, as
amended by chapter 116 of the laws of 1997, constituting the
Emergency Tenant Protection Act of 1974.

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 violated the basic human rights of
many citizens to affordable housing. 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 $1,000-$2,500 for the warehousing of
suitable housing units to prevent the further diminution of this
scarce resource.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
This act shall take effect immediately, with provisions.

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

                                  1808

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sen. ESPAILLAT -- 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
COURSE OF CONDUCT OR REPEATEDLY COMMITTING ACTS WHICH ALARM OR SERIOUSLY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05360-01-3

S. 1808                             2

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. 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  as
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 section three
of this act shall be subject to the expiration  and  reversion  of  such
paragraph  pursuant to section 46 of chapter 116 of the laws of 1997, as
amended, when upon such date the provisions of section four of this  act
shall  take affect; provided, however that if section 26-516 of the rent
stabilization  law  of  nineteen  hundred  sixty-nine  shall  expire  as
provided  under section 26-520 of the administrative code of the city of
New York prior to the expiration pursuant to section 46 of  chapter  116
of  the  laws of 1997, as amended, takes effect, sections three and four
of this act shall not affect the expiration  of  such  law  as  provided

S. 1808                             3

under  section  26-520  and  shall  be  deemed  to expire therewith; and
provided further that the amendment to clause (ii)  of  paragraph  3  of
subdivision  a  of  section 12 of the emergency tenant protection act of
nineteen  seventy-four made by section five of this act shall not affect
the expiration of such clause as provided in section 46 of  chapter  116
of  the  laws of 1997, as amended and shall not affect the expiration of
such act as provided in section 17 of chapter 576 of the laws  of  1974,
as amended.

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