Senate Bill S3746

2015-2016 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to housing, construction and community development
Feb 17, 2015	referred to housing, construction and community development

co-Sponsors

2015-S3746 (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Housing
Laws Affected:: Amd §10, Chap 555 of 1982
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1028
2011-2012: S2033, S3113
2013-2014: S1725
2017-2018: S110, S2309
2019-2020: S235

2015-S3746 (ACTIVE) - Summary

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.

2015-S3746 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3746

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 an 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.

2015-S3746 (ACTIVE) - Bill Text download pdf

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

                                  3746

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 17, 2015
                               ___________

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,  2015,
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-
vision 2 of section  352-eeee  of  the  general  business  law  and  all

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08541-01-5

S. 3746                             2

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] 2020;
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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Senate Bill S3746

Sponsored By

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Actions

co-Sponsors

2015-S3746 (ACTIVE) - Details

2015-S3746 (ACTIVE) - Summary

2015-S3746 (ACTIVE) - Sponsor Memo

2015-S3746 (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2015-S3746

Senate Bill S3746

Share this bill

Sponsored By

Adriano Espaillat

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Actions

co-Sponsors

Ruth Hassell-Thompson

Liz Krueger

2015-S3746 (ACTIVE) - Details

2015-S3746 (ACTIVE) - Summary

2015-S3746 (ACTIVE) - Sponsor Memo

2015-S3746 (ACTIVE) - Bill Text download pdf

Comments