senate Bill S2904

2015-2016 Legislative Session

Provides for the determination of primary residency of rent regulated housing accommodations based upon the filing of income tax returns and place of voting

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to housing, construction and community development
Jan 30, 2015 referred to housing, construction and community development

Co-Sponsors

S2904 - 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 Previous Legislative Sessions:
2013-2014: S3671
2011-2012: S5041A

S2904 - Summary

Provides for the determination of primary residency of rent regulated housing accommodations based upon the filing of income tax returns and place of voting.

S2904 - Sponsor Memo

S2904 - Bill Text download pdf

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

                                  2904

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 30, 2015
                               ___________

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.
                                                           LBD08598-01-5