|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to housing, construction and community development|
|Feb 11, 2013||referred to housing, construction and community development|
senate Bill S3671
Archive: Last Bill Status - In Senate Housing, Construction And Community Development Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S3671 - Details
- Law Section:
- New York City Administrative Code
- Laws Affected:
- Amd §§26-403 & 26-504, NYC Ad Cd; amd §5, Emerg Ten Prot Act of 1974
- Versions Introduced in 2011-2012 Legislative Session:
S3671 - Sponsor Memo
BILL NUMBER:S3671 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 recipi- ent 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 period prior to the expiration of the tenant's lease. JUSTIFICATION: Rent controlled and rent stabilized apartments should only be available to persons who actually reside in those apartments.
S3671 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3671 2013-2014 Regular Sessions I N S E N A T E February 11, 2013 ___________ 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, 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 INCOME TAX RETURNS BASED UPON A RESIDENCE OTHER THAN THE HOUSING ACCOM- MODATION WHICH IS SUBJECT TO THIS CHAPTER, PROVIDED, HOWEVER, THAT WHERE A TENANT IS THE RECIPIENT OF A PROPERTY TAX EXEMPTION OR ANY OTHER TAX EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08174-01-3
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