NY State Senate Bill 2017-S4395

Senate Bill S4395

2017-2018 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

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to housing, construction and community development
Jun 21, 2017	committed to rules
May 15, 2017	advanced to third reading
May 10, 2017	2nd report cal.
May 09, 2017	1st report cal.779
Feb 13, 2017	referred to housing, construction and community development

Votes

- May 9, 2017 - Housing, Construction And Community Development Committee Vote
  S4395
  
  5
  
  Aye
  
  4
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Housing, Construction And Community Development Committee Vote: May 9, 2017
      
      aye (5)
      
      Bonacic
      
      Boyle
      
      Gallivan
      
      Little
      
      Young
      
      nay (4)
      
      Avella
      
      Bailey
      
      Brooks
      
      Krueger

2017-S4395 (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
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 Other Legislative Sessions:: 2011-2012: S5041
2013-2014: S3671
2015-2016: S2904

2017-S4395 (ACTIVE) - 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.

2017-S4395 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4395           Revised 11/30/17

SPONSOR: MURPHY
 
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 resi-
dence, 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 recipient of a property tax
exemption arising from or attributable to the ownership of another resi-
dence. 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.  Significant econom-
ic benefits are received by rent regulated tenants and significant
economic burdens are imposed upon property owners as a result. If an
individual is receiving a tax reduction for ownership of another resi-
dence, property taxpayers should not be used to double subsidize indi-
viduals with dual homes. It is self-evident that housing accommodations
that are subject to rent regulation should be the primary residence of
the tenants who occupy them. Furthermore, since the ruling of the Court
of Appeals in the case of Golub v.  Frank, 65 NY2d 900 (1985), owners
are authorized to commence primary residence challenges only during the
lease renewal period between 90 and 150 days prior to the expiration of
a rent stabilized lease.  Limiting such challenges to that time period
needlessly confers added protections and benefits to those tenants who
do not primarily reside at the regulated accommodations. It is sound
public policy to enable property owners to commence these proceedings at
any time during a tenant's lease.

 
LEGISLATIVE HISTORY:

2017: S.4395 - Cal. 779, third reading
2015-2016: S.2904 - Referred to Housing Committee
2013-2014: S.3671 - Referred to Housing Committee
2011-2012: S.5041A - Passed Senate

 
FISCAL IMPLICATIONS:

None.
 
EFFECTIVE DATE:
This act shall take effect immediately; provided that the amendment to
section 26-403 of the city rent and rehabilitation law made by section
one 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 emergency housing rent control act; and provided further
that the amendment to section 26-504 of the rent stabilization law of
nineteen hundred sixty-nine made by section two of this act shall expire
on the same date as such law expires and shall not affect the expiration
of such law as provided under section 26-520 of such law; and provided
further that the amendment to section 5 of the emergency tenant
protection act of nineteen seventy-four made by section three of this
act shall expire on the same date as such act expires and shall not
affect the expiration of such act as provided in section 17 of chapter
576 of the laws of 1974, as amended.

2017-S4395 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4395
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2017
                                ___________
 
 Introduced  by  Sen.  MURPHY -- 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.

                                                            LBD07644-01-7

 S. 4395                             2
 
 BENEFIT  ARISING  FROM  OR  ATTRIBUTABLE  TO THE OWNERSHIP OF SUCH OTHER
 RESIDENCE, THE PRESUMPTION THAT THE TENANT DOES NOT OCCUPY SUCH  HOUSING
 ACCOMMODATION AS HIS OR HER PRIMARY RESIDENCE SHALL NOT BE REBUTTABLE BY
 SUCH TENANT, OR
   (II) ONE OR MORE VOTES ARE CAST BY SUCH TENANT DURING THEIR TENANCY IN
 ANY  ELECTION HELD IN ACCORDANCE WITH THE PROVISIONS OF THE ELECTION LAW
 CONDUCTED IN ANY ELECTION DISTRICT OTHER THAN THE ONE DESIGNATED FOR THE
 HOUSING ACCOMMODATION SUBJECT TO THIS CHAPTER LOCATED IN  THE  CITY.  No
 action or proceeding shall be commenced seeking to recover possession on
 the ground that a housing accommodation is not occupied by the tenant as
 his or her primary residence unless the owner or lessor shall have given
 thirty  days  notice  to  the tenant of his or her intention to commence
 such action or proceeding on such grounds.
   § 2. Subparagraph (f) of paragraph  1  of  subdivision  a  of  section
 26-504 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:
   (f) not occupied by the tenant, not including subtenants or occupants,
 as  his  or her primary residence, as determined by a court of competent
 jurisdiction[, provided, however that no].  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 RESIDENCE, 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
 BENEFIT ARISING FROM OR ATTRIBUTABLE TO  THE  OWNERSHIP  OF  SUCH  OTHER
 RESIDENCE,  THE PRESUMPTION THAT THE TENANT DOES NOT OCCUPY SUCH HOUSING
 ACCOMMODATION AS HIS OR HER PRIMARY RESIDENCE SHALL NOT BE REBUTTABLE BY
 SUCH TENANT, OR
   (II) ONE OR MORE VOTES ARE CAST BY SUCH TENANT DURING THEIR TENANCY IN
 ANY ELECTION HELD IN ACCORDANCE WITH THE PROVISIONS OF THE ELECTION  LAW
 CONDUCTED IN ANY ELECTION DISTRICT OTHER THAN THE ONE DESIGNATED FOR THE
 HOUSING  ACCOMMODATION  SUBJECT TO THIS CHAPTER LOCATED IN THE CITY.  NO
 action or proceeding shall be commenced seeking to recover possession on
 the ground that a housing accommodation is not occupied by the tenant as
 his or her primary residence unless the owner or lessor shall have given
 thirty days notice to the tenant of his or  her  intention  to  commence
 such  action  or  proceeding on such grounds.  SUCH ACTION OR PROCEEDING
 MAY BE BROUGHT AT ANY TIME DURING THE COURSE OF A TENANT'S LEASE OR  ANY
 RENEWAL  LEASE. IN THE EVENT AN ACTION OR PROCEEDING IS COMMENCED PURSU-
 ANT TO THIS SUBPARAGRAPH PRIOR TO THE DATE THAT AN OFFER  OF  A  RENEWAL
 LEASE  IS  OTHERWISE REQUIRED TO BE MADE BY THE OWNER TO THE TENANT, THE
 COMMENCEMENT OF SUCH ACTION  OR  PROCEEDING  SHALL  SUBSTITUTE  FOR  THE
 SERVICE  OF  ANY  OTHER NOTICE PERTAINING TO SUCH RENEWAL, INCLUDING BUT
 NOT LIMITED TO, A NOTICE OF NON-RENEWAL OF SUCH LEASE. 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  the
 purposes of this subparagraph where a housing accommodation is rented to
 a  not-for-profit  hospital  for  residential use, affiliated subtenants

 S. 4395                             3
 
 authorized to use such accommodations by such hospital shall  be  deemed
 to be tenants, or
   §  3. Paragraph 11 of subdivision a of section 5 of section 4 of chap-
 ter  576  of  the  laws  of  1974,  constituting  the  emergency  tenant
 protection  act  of  nineteen seventy-four, as amended by chapter 422 of
 the laws of 2010, is amended to read as follows:
   (11) housing accommodations which are 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 PURPOSES OF DETER-
 MINING PRIMARY RESIDENCY, AS SUCH TERM IS USED IN THIS ACT, THERE  SHALL
 BE  A  PRESUMPTION,  REBUTTABLE  BY THE TENANT, THAT THE TENANT DOES NOT
 OCCUPY SUCH HOUSING ACCOMMODATION  AS  HIS  OR  HER  PRIMARY  RESIDENCE,
 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 ACT, PROVIDED, HOWEVER, THAT  WHERE  A
 TENANT  IS  THE  RECIPIENT  OF A PROPERTY TAX EXEMPTION OR ANY OTHER TAX
 BENEFIT ARISING FROM OR ATTRIBUTABLE TO THE OWNERSHIP OF SUCH RESIDENCE,
 THE PRESUMPTION THAT THE TENANT DOES NOT OCCUPY  SUCH  HOUSING  ACCOMMO-
 DATION  AS  HIS OR HER PRIMARY RESIDENCE SHALL NOT BE REBUTTABLE BY SUCH
 TENANT, OR
   (II) ONE OR MORE VOTES ARE CAST BY SUCH TENANT DURING THEIR TENANCY IN
 ANY ELECTION HELD IN ACCORDANCE WITH THE PROVISIONS OF THE ELECTION  LAW
 CONDUCTED IN ANY ELECTION DISTRICT OTHER THAN THE ONE DESIGNATED FOR THE
 HOUSING  ACCOMMODATION  SUBJECT TO THIS ACT LOCATED IN THE CITY, TOWN OR
 VILLAGE.  SUCH ACTION OR PROCEEDING MAY BE BROUGHT AT  ANY  TIME  DURING
 THE  COURSE  OF  A  TENANT'S LEASE OR ANY RENEWAL LEASE. IN THE EVENT AN
 ACTION OR PROCEEDING IS COMMENCED PURSUANT TO THIS  PARAGRAPH  PRIOR  TO
 THE  DATE  THAT  AN OFFER OF A RENEWAL LEASE IS OTHERWISE REQUIRED TO BE
 MADE BY THE OWNER TO THE TENANT, THE  COMMENCEMENT  OF  SUCH  ACTION  OR
 PROCEEDING SHALL SUBSTITUTE FOR THE SERVICE OF ANY OTHER NOTICE PERTAIN-
 ING TO SUCH RENEWAL, INCLUDING BUT NOT LIMITED TO, A NOTICE OF NON-RENE-
 WAL  OF SUCH LEASE. 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 the purposes of this paragraph, where a hous-
 ing accommodation is rented to a not-for-profit hospital for residential
 use, affiliated subtenants authorized to use such accommodations by such
 hospital shall be deemed to be tenants. No action or proceeding shall be
 commenced  seeking  to  recover  possession on the ground that a housing
 accommodation is not occupied by the tenant as his or her primary  resi-
 dence  unless the owner or lessor shall have given thirty days notice to
 the tenant of his or her intention to commence such action or proceeding
 on such grounds.
   § 4. This act shall take effect immediately; provided that the  amend-
 ment  to  section 26-403 of the city rent and rehabilitation law made by
 section one 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  emergency  housing rent control act; and
 provided further that the  amendment  to  section  26-504  of  the  rent
 stabilization  law of nineteen hundred sixty-nine made by section two of

 S. 4395                             4
 
 this act shall expire on the same date as such law expires and shall not
 affect the expiration of such law as provided under  section  26-520  of
 such  law;  and  provided further that the amendment to section 5 of the
 emergency tenant protection act of nineteen seventy-four made by section
 three  of this act shall expire on the same date as such act expires 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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