NY State Senate Bill 2017-S6653A

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 08, 2018	print number 6653a
Feb 08, 2018	amend and recommit to housing, construction and community development
Jan 03, 2018	referred to housing, construction and community development
Jun 09, 2017	referred to rules

Bill Amendments

Original

A (Active)

co-Sponsors

2017-S6653 - Details

See Assembly Version of this Bill:: A8263
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Emergency Tenant Protection Act of 1974
Laws Affected:: Amd §5, Emerg Ten Prot Act of 1974
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3703, A5409, A7115
2021-2022: S2843

2017-S6653 - Summary

Relates to not-for-profits' use of certain residential dwellings for individuals who are or were homeless or at risk of homelessness.

2017-S6653 - Sponsor Memo

                                 BILL NUMBER:  S6653

 TITLE OF BILL :  An act to amend the emergency tenant protection act
of nineteen seventy-four, in relation to not-for-profits' use of
certain residential dwellings

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this bill is to protect rent stabilized housing stock
in cases where a not-for-profit entity leases such housing to provide
housing to certain individuals.

 SUMMARY OF PROVISIONS :

Section one of the bill clarifies that housing accommodations provided
to individuals who are or were homeless or at risk of homelessness
would be subject to the protections under the Emergency Tenant
Protection Act (ETPA), that any units subject to leases under these
circumstances would return to rent stabilization and only be subject
to any applicable Rent Guidelines Board increases. In addition, the
bill clarifies that subtenants of a not-for-profit providing such
housing would be deemed tenants.

Section two of the bill provides the effective date.

 DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE) :

N/A

 JUSTIFICATION :

Protecting the number of units subject to rent stabilization, which is
a vital portion of our housing stock. However, according to a 2016
report by the New York City Rent Guidelines Board close to 300,000 of
these units have been lost. Moreover, with the increasing cost of
living and with rents becoming more and more of a percentage of a
household's income, many New Yorkers are faced with a struggle to find
affordable housing, and some New Yorkers are struggling to find any
housing. New York City has a growing homelessness problem, and -
thankfully - many organizations are stepping up to the plate and
addressing this issue. However, in attempting to address the issues of
homelessness, a unique problem has arisen; namely, that when a
not-for-profit organization signs a lease for a rent stabilized unit,
that that unit is no longer subject to rent stabilization. This bill
would seek to remedy that problem by extending the protections under
the Emergency Tenant Protection Act to not-for-profits who are
providing permanent or temporary housing to individuals who are
homeless, who were homeless, or who were at risk of homelessness.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None.

 EFFECTIVE DATE :
Immediately.

2017-S6653 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6653
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 9, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the emergency tenant protection act of  nineteen  seven-
   ty-four,  in  relation  to not-for-profits' use of certain residential
   dwellings

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs  10  and  11  of subdivision a of section 5 of
 section 4 of chapter 576 of the laws of 1974, constituting the emergency
 tenant protection act of nineteen seventy-four, paragraph 11 as  amended
 by chapter 422 of the laws of 2010, are amended to read as follows:
   (10)  housing  accommodations  in  buildings  operated exclusively for
 charitable purposes on a non-profit basis EXCEPT FOR PERMANENT OR TEMPO-
 RARY HOUSING ACCOMMODATIONS PROVIDED, AS OF AND AFTER THE EFFECTIVE DATE
 OF THE CHAPTER OF THE LAWS OF TWO THOUSAND SEVENTEEN THAT  AMENDED  THIS
 PARAGRAPH,  TO  INDIVIDUALS WHO ARE OR WERE HOMELESS OR AT RISK OF HOME-
 LESSNESS; PROVIDED, HOWEVER, THAT TERMS OF LEASES IN EXISTENCE AS OF THE
 EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND SEVENTEEN THAT
 AMENDED THIS PARAGRAPH, SHALL NOT BE AFFECTED, AND FURTHER PROVIDED THAT
 UPON THE VACANCY OF SUCH HOUSING  ACCOMMODATIONS,  THE  LEGAL  REGULATED
 RENT  FOR  SUCH HOUSING ACCOMMODATIONS SHALL BE THE LEGAL REGULATED RENT
 PAID FOR SUCH HOUSING ACCOMMODATION BY THE PRIOR TENANT, SUBJECT ONLY TO
 ANY ADJUSTMENT ADOPTED BY THE APPLICABLE RENT GUIDELINES BOARD;
   (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  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11884-05-7

 S. 6653                             2
 
 purposes of this paragraph, where a housing 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.  FOR  THE  PURPOSES  OF THIS PARAGRAPH, WHERE A HOUSING
 ACCOMMODATION IS RENTED TO A NOT-FOR-PROFIT FOR  PROVIDING,  AS  OF  AND
 AFTER  THE  EFFECTIVE  DATE  OF  THE CHAPTER OF THE LAWS OF TWO THOUSAND
 SEVENTEEN THAT AMENDED THIS PARAGRAPH, PERMANENT OR TEMPORARY HOUSING TO
 INDIVIDUALS WHO ARE OR WERE HOMELESS OR AT RISK OF HOMELESSNESS,  AFFIL-
 IATED  SUBTENANTS AUTHORIZED TO USE SUCH ACCOMMODATIONS BY SUCH NOT-FOR-
 PROFIT 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.
   §  2.  This act shall take effect immediately; provided, however, that
 the amendments to paragraphs 10 and 11 of subdivision a of section 5  of
 the  emergency  tenant  protection  act of nineteen seventy-four made by
 section one 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.

co-Sponsors

View additional co-sponsors

2017-S6653A (ACTIVE) - Details

See Assembly Version of this Bill:: A8263
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Emergency Tenant Protection Act of 1974
Laws Affected:: Amd §5, Emerg Ten Prot Act of 1974
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3703, A5409, A7115
2021-2022: S2843

2017-S6653A (ACTIVE) - Summary

Relates to not-for-profits' use of certain residential dwellings for individuals who are or were homeless or at risk of homelessness.

2017-S6653A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6653A

SPONSOR: GOLDEN
 
TITLE OF BILL:  An act to amend the emergency tenant protection act of
nineteen seventy-four, in relation to not-for-profits' use of certain
residential dwellings

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to protect rent stabilized housing stock in
cases where a not-for-profit entity leases such housing to provide hous-
ing to certain individuals.

 
SUMMARY OF PROVISIONS:

Section one of the bill clarifies that housing accommodations provided
to individuals who are or were homeless or at risk of homelessness would
be subject to the protections under the Emergency Tenant Protection Act
(ETPA) that any units subject to leases under these circumstances would
return to rent stabilization and only be subject to any applicable Rent
Guidelines Board increases. In addition, the bill clarifies that subten-

ants of a not-for-profit providing such housing would be deemed tenants.

Section two provides that the bill shall take effect immediately.

 
JUSTIFICATION:

Protecting the number of units subject to rent stabilization, which is a
vital portion of our housing stock. However, according to a 2016 report
by the New York City Rent Guidelines Board close to 300,000 of these
units have been lost. Moreover, with the increasing cost of living and
with rents becoming more and more of a percentage of a household's
income, many New Yorkers are faced with a struggle to find affordable
housing, and some New Yorkers are struggling to find any housing. New
York City has a growing homelessness problem, and - thankfully - many
organizations are stepping up to the plate and addressing this issue.
However, in attempting to address the issues of homelessness, a unique
problem has arisen; namely, that when a not-for-profit organization
signs a lease for a rent stabilized unit, that that unit is no longer
subject to rent stabilization. This bill would seek to remedy that prob-
lem by extending the protections under the Emergency Tenant Protection
Act to not-for-profits who are providing permanent or temporary housing
to individuals who are homeless, who were homeless, or who were at risk
of homelessness.

 
PRIOR LEGISLATIVE HISTORY:

2018: S.6653 - Referred to Housing, Construction, & Housing Development
2017: S.6653 - Referred to Rules

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This bill shall take effect immediately.

2017-S6653A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6653--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 9, 2017
                                ___________
 
 Introduced  by Sens. GOLDEN, BONACIC, HAMILTON -- read twice and ordered
   printed, and when printed to be committed to the Committee on Rules --
   recommitted to the Committee on Housing,  Construction  and  Community
   Development  in  accordance  with  Senate  Rule 6, sec. 8 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the emergency tenant protection act of  nineteen  seven-
   ty-four,  in  relation  to not-for-profits' use of certain residential
   dwellings
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs  10  and  11  of subdivision a of section 5 of
 section 4 of chapter 576 of the laws of 1974, constituting the emergency
 tenant protection act of nineteen seventy-four, paragraph 11 as  amended
 by chapter 422 of the laws of 2010, are amended to read as follows:
   (10)  housing  accommodations  in  buildings  operated exclusively for
 charitable purposes on a non-profit basis EXCEPT FOR PERMANENT OR TEMPO-
 RARY HOUSING ACCOMMODATIONS PROVIDED, AS OF AND AFTER THE EFFECTIVE DATE
 OF THE CHAPTER OF THE LAWS OF TWO THOUSAND EIGHTEEN  THAT  AMENDED  THIS
 PARAGRAPH,  TO  INDIVIDUALS WHO ARE OR WERE HOMELESS OR AT RISK OF HOME-
 LESSNESS; PROVIDED, HOWEVER, THAT TERMS OF LEASES IN EXISTENCE AS OF THE
 EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND EIGHTEEN  THAT
 AMENDED THIS PARAGRAPH, SHALL NOT BE AFFECTED, AND FURTHER PROVIDED THAT
 UPON  THE  VACANCY  OF  SUCH HOUSING ACCOMMODATIONS, THE LEGAL REGULATED
 RENT FOR SUCH HOUSING ACCOMMODATIONS SHALL BE THE LEGAL  REGULATED  RENT
 PAID FOR SUCH HOUSING ACCOMMODATION BY THE PRIOR TENANT, SUBJECT ONLY TO
 ANY ADJUSTMENT ADOPTED BY THE APPLICABLE RENT GUIDELINES BOARD;
   (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 the purposes of
 determining primary residency, a tenant who  is  a  victim  of  domestic
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11884-06-8

 S. 6653--A                          2
 
 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 housing 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. FOR THE PURPOSES  OF  THIS  PARAGRAPH,  WHERE  A  HOUSING
 ACCOMMODATION  IS  RENTED  TO  A NOT-FOR-PROFIT FOR PROVIDING, AS OF AND
 AFTER THE EFFECTIVE DATE OF THE CHAPTER OF  THE  LAWS  OF  TWO  THOUSAND
 EIGHTEEN  THAT AMENDED THIS PARAGRAPH, PERMANENT OR TEMPORARY HOUSING TO
 INDIVIDUALS WHO ARE OR WERE HOMELESS OR AT RISK OF HOMELESSNESS,  AFFIL-
 IATED  SUBTENANTS AUTHORIZED TO USE SUCH ACCOMMODATIONS BY SUCH NOT-FOR-
 PROFIT 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.
   §  2.  This act shall take effect immediately; provided, however, that
 the amendments to paragraphs 10 and 11 of subdivision a of section 5  of
 the  emergency  tenant  protection  act of nineteen seventy-four made by
 section one 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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Senate Bill S6653A

Sponsored By

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

Bill Amendments

co-Sponsors

2017-S6653 - Details

2017-S6653 - Summary

2017-S6653 - Sponsor Memo

2017-S6653 - Bill Text download pdf

co-Sponsors

2017-S6653A (ACTIVE) - Details

2017-S6653A (ACTIVE) - Summary

2017-S6653A (ACTIVE) - Sponsor Memo

2017-S6653A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6653A

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Sponsored By

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

Bill Amendments

co-Sponsors

2017-S6653 - Details

2017-S6653 - Summary

2017-S6653 - Sponsor Memo

2017-S6653 - Bill Text download pdf

co-Sponsors

2017-S6653A (ACTIVE) - Details

2017-S6653A (ACTIVE) - Summary

2017-S6653A (ACTIVE) - Sponsor Memo

2017-S6653A (ACTIVE) - Bill Text download pdf

Comments