Senate Bill S5132

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5132
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 9, 2017
                                ___________
 
 Introduced  by  Sens. BAILEY, DIAZ, HAMILTON, HOYLMAN, KRUEGER, MONTGOM-
   ERY, PARKER, SERRANO, SQUADRON, STAVISKY --  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.
   § 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.
              

                                                            LBD09768-01-7

 S. 5132                             2
 
 ANNOY A TENANT OR OTHER PERSON RESIDING IN THE TENANT'S HOUSING ACCOMMO-
 DATION AND WHICH SERVE NO LEGITIMATE PURPOSE.
   § 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 23 of part A of
 chapter 20 of the laws of 2015, 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 at a minimum in the amount  of
 two thousand but not to exceed three thousand dollars for the first such
 offense,  and at minimum in the amount of ten thousand but not to exceed
 eleven thousand dollars for each subsequent offense or for  a  violation
 consisting  of  conduct directed at the tenants of more than one housing
 accommodation.
   § 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 24 of part A of
 chapter 20 of the laws of 2015, 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 at minimum in the amount of
 two thousand but not to exceed three thousand dollars for the first such
 offense, and at a minimum in the amount  of  ten  thousand  but  not  to
 exceed  eleven  thousand  dollars  for  each subsequent offense or for a
 violation consisting of conduct directed at the tenants of more than one
 housing accommodation.
   § 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 27
 of  part  A  of  chapter  20  of the laws of 2015, 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 at minimum in the amount of two thou-
 sand but not to  exceed  three  thousand  dollars  for  the  first  such
 offense,  and at minimum in the amount of ten thousand but not to exceed
 eleven thousand dollars for each subsequent offense or for  a  violation
 consisting  of  conduct directed at the tenants of more than one housing
 accommodation.
   § 6. 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 28
 of  part  A  of  chapter  20  of the laws of 2015, 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

 S. 5132                             3
 
 violation.  Such  penalty shall be at minimum in the amount of two thou-
 sand but not to  exceed  three  thousand  dollars  for  the  first  such
 offense,  and at minimum in the amount of ten thousand but not to exceed
 eleven  thousand  dollars for each subsequent offense or for a violation
 consisting of conduct directed at the tenants of more than  one  housing
 accommodation.
   §  7.  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 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  26-516 of the rent
 stabilization law of nineteen hundred sixty-nine made by sections  three
 and  four of this act shall expire on the same date as such law expires,
 and provided further that the amendment to paragraph 2 of subdivision  c
 of  section  26-516  of  the administrative code of the city of New York
 made by section three of this act shall not  affect  the  expiration  of
 such paragraph pursuant to subdivision 6 of section 46 of chapter 116 of
 the  laws  of 1997, as amended, when upon such date section four of this
 act shall take effect; provided further that the amendment to section 12
 of the emergency tenant protection act of nineteen seventy-four made  by
 sections  five and six 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; and
 provided further that the amendments to clause (ii) of  paragraph  3  of
 subdivision  a of section 12 of the emergency tenant protection act made
 by section five of this act shall not  affect  the  expiration  of  such
 clause  pursuant  to  subdivision  6 of section 46 of chapter 116 of the
 laws of 1997, as amended, when upon such date section six  of  this  act
 shall take effect.