S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3411
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
   tee on Housing
 
 AN ACT to amend the general business law, in relation to senior citizens
   and disabled persons
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1.  Subparagraphs (iii) and (iv) of paragraph (a) of  subdivi-
 sion 2-a of section 352-e of the general business law, as added by chap-
 ter 771 of the laws of 1983, are amended to read as follows:
   (iii)  "Eligible  senior  citizens".  Non-purchasing  tenants  who are
 sixty-two years of age or older on the date  the  attorney  general  has
 accepted  the  plan  for  filing, and the spouses of any such tenants on
 such date, [and who have elected] OR ANY MEMBER OF THE  TENANT'S  HOUSE-
 HOLD,  LAWFULLY  OCCUPYING  THE  PREMISES AS HIS OR HER RESIDENCE WHO IS
 SIXTY-TWO YEARS OF AGE OR OLDER ON SUCH DATE, PROVIDED, IN THE CASE OF A
 TENANT'S HOUSEHOLD MEMBER, THAT HE OR  SHE  HAS  LIVED  IN  THE  HOUSING
 ACCOMMODATION  AS  HIS OR HER RESIDENCE FOR A PERIOD OF NO LESS THAN ONE
 YEAR PRECEDING SUCH DATE. THE TENANT MUST ELECT, within  sixty  days  of
 the date the attorney general has accepted the plan for filing, on forms
 promulgated by the attorney general and presented to such tenants by the
 offeror,  to  become non-purchasing tenants under the provisions of this
 subdivision; provided that such election shall  not  preclude  any  such
 tenant  from subsequently purchasing the dwelling unit on the terms then
 offered to tenants in occupancy.
   (iv) "Eligible disabled persons". Non-purchasing tenants who  have  an
 impairment which results from anatomical, physiological or psychological
 conditions, other than addiction to alcohol, gambling, or any controlled
 substance,  which  are demonstrable by medically acceptable clinical and
 laboratory diagnostic techniques, and which are expected to be permanent
 and which [prevent the tenant from engaging in any  substantial  gainful
 employment] SUBSTANTIALLY LIMIT ONE OR MORE MAJOR LIFE ACTIVITIES on the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00224-01-9

 A. 3411                             2
 
 date  the  attorney  general  has  accepted the plan for filing, and the
 spouses of any such tenants on such date, [and who have elected] OR  ANY
 MEMBER OF THE TENANT'S HOUSEHOLD, LAWFULLY OCCUPYING THE PREMISES AS HIS
 OR  HER RESIDENCE, WHO HAS SUCH AN IMPAIRMENT ON SUCH DATE, PROVIDED, IN
 THE CASE OF THE TENANT'S HOUSEHOLD MEMBER, THAT HE OR SHE HAS  LIVED  IN
 THE  HOUSING  ACCOMMODATION  AS  HIS OR HER RESIDENCE FOR A PERIOD OF NO
 LESS THAN ONE YEAR PRECEDING SUCH DATE. THE TENANT  MUST  ELECT,  within
 sixty  days  of  the date the attorney general has accepted the plan for
 filing, on forms promulgated by the attorney general  and  presented  to
 such  tenants by the offeror, to become non-purchasing tenants under the
 provisions of this subdivision; provided, however, that if the disabili-
 ty first occurs after acceptance of  the  plan  for  filing,  then  such
 election may be made within sixty days following the onset of such disa-
 bility  unless  during the period subsequent to sixty days following the
 acceptance of the plan for filing but prior to such election, the  offe-
 ror  accepts  a  written agreement to purchase the apartment from a bona
 fide purchaser; and  provided  further  that  such  election  shall  not
 preclude  any such tenant from subsequently purchasing the dwelling unit
 or the shares allocated thereto on the terms then offered to tenants  in
 occupancy.
   § 2. Paragraphs (f) and (g) of subdivision 1 of section 352-eee of the
 general  business  law, as added by chapter 402 of the laws of 1983, are
 amended to read as follows:
   (f) "Eligible senior citizens". Non-purchasing tenants who are  sixty-
 two years of age or older on the date the plan is declared effective and
 the  spouses  of  any  such tenants on such date; [provided that] OR ANY
 MEMBER OF THE TENANT'S HOUSEHOLD, LAWFULLY OCCUPYING THE PREMISES AS HIS
 OR HER RESIDENCE WHO IS SIXTY-TWO YEARS OF AGE OR OLDER  ON  SUCH  DATE,
 PROVIDED, IN THE CASE OF A TENANT'S HOUSEHOLD MEMBER, THAT HE OR SHE HAS
 LIVED  IN THE HOUSING ACCOMMODATION AS HIS OR HER RESIDENCE FOR A PERIOD
 OF NO LESS THAN ONE YEAR PRECEDING SUCH DATE such tenant  shall  not  be
 precluded  from  subsequently  purchasing the dwelling unit on the terms
 then offered to tenants in occupancy.
   (g) "Eligible disabled persons". Non-purchasing tenants  who  have  an
 impairment which results from anatomical, physiological or psychological
 conditions, other than addiction to alcohol, gambling, or any controlled
 substance,  which  are demonstrable by medically acceptable clinical and
 laboratory diagnostic techniques, and which are expected to be permanent
 and which [prevent the tenant from engaging in any  substantial  gainful
 employment] SUBSTANTIALLY LIMIT ONE OR MORE MAJOR LIFE ACTIVITIES on the
 date  the  attorney  general  has  accepted the plan for filing, and the
 spouses of any such tenants on such date, [and who have elected] OR  ANY
 MEMBER OF THE TENANT'S HOUSEHOLD, LAWFULLY OCCUPYING THE PREMISES AS HIS
 OR  HER  RESIDENCE WHO HAS SUCH AN IMPAIRMENT ON SUCH DATE, PROVIDED, IN
 THE CASE OF THE TENANT'S HOUSEHOLD MEMBER, THAT HE OR SHE HAS  LIVED  IN
 THE  HOUSING  ACCOMMODATION  AS  HIS OR HER RESIDENCE FOR A PERIOD OF NO
 LESS THAN ONE YEAR PRECEDING SUCH DATE. THE TENANT  MUST  ELECT,  within
 sixty  days  of  the date the attorney general has accepted the plan for
 filing, on forms promulgated by the attorney general  and  presented  to
 such  tenants by the offeror, to become non-purchasing tenants under the
 provisions of this section; provided, however, that  if  the  disability
 first occurs after acceptance of the plan for filing, then such election
 may  be  made  within  sixty days following the onset of such disability
 unless during the period subsequent to sixty days following the  accept-
 ance  of  the  plan  for  filing but prior to such election, the offeror
 accepts a written agreement to purchase the apartment from a  bona  fide

 A. 3411                             3
 
 purchaser;  and  provided  further that such election shall not preclude
 any such tenant from subsequently purchasing the dwelling  unit  or  the
 shares  allocated  thereto on the terms then offered to tenants in occu-
 pancy.
   §  3.  Paragraphs  (f) and (g) of subdivision 1 of section 352-eeee of
 the general business law, as added by chapter 555 of the laws  of  1982,
 are amended to read as follows:
   (f)  "Eligible senior citizens". Non-purchasing tenants who are sixty-
 two years of age or older on the date the attorney general has  accepted
 the  plan  for filing, and the spouses of any such tenants on such date,
 [and who have elected] OR ANY MEMBER OF THE TENANT'S HOUSEHOLD, LAWFULLY
 OCCUPYING THE PREMISES AS HIS OR HER RESIDENCE WHO IS SIXTY-TWO YEARS OF
 AGE OR OLDER ON SUCH DATE, PROVIDED, IN THE CASE OF A TENANT'S HOUSEHOLD
 MEMBER, THAT HE OR SHE HAS LIVED IN THE HOUSING ACCOMMODATION AS HIS  OR
 HER RESIDENCE FOR A PERIOD OF NO LESS THAN ONE YEAR PRECEDING SUCH DATE.
 THE TENANT MUST ELECT, within sixty days of the date the attorney gener-
 al  has accepted the plan for filing, on forms promulgated by the attor-
 ney general and presented to such tenants  by  the  offeror,  to  become
 non-purchasing  tenants  under  the provisions of this section; provided
 that such election shall not preclude any such tenant from  subsequently
 purchasing  the  dwelling  unit  on the terms then offered to tenants in
 occupancy.
   (g) "Eligible disabled persons". Non-purchasing tenants  who  have  an
 impairment which results from anatomical, physiological or psychological
 conditions, other than addiction to alcohol, gambling, or any controlled
 substance,  which  are demonstrable by medically acceptable clinical and
 laboratory diagnostic techniques, and which are expected to be permanent
 and which [prevent the tenant from engaging in any  substantial  gainful
 employment]  ARE  EXPECTED TO BE PERMANENT AND WHICH SUBSTANTIALLY LIMIT
 ONE OR MORE MAJOR LIFE ACTIVITIES on the date the attorney  general  has
 accepted  the  plan  for  filing, and the spouses of any such tenants on
 such date, [and who have elected] OR ANY MEMBER OF THE  TENANT'S  HOUSE-
 HOLD,  LAWFULLY  OCCUPYING  THE PREMISES AS HIS OR HER RESIDENCE ON SUCH
 DATE, PROVIDED IN THE CASE OF A TENANT'S HOUSEHOLD MEMBER,  THAT  HE  OR
 SHE HAS LIVED IN THE HOUSING ACCOMMODATION AS HIS OR HER RESIDENCE FOR A
 PERIOD  OF  NO  LESS  THAN ONE YEAR PRECEDING SUCH DATE. THE TENANT MUST
 ELECT, within sixty days of the date the attorney general  has  accepted
 the  plan  for  filing, on forms promulgated by the attorney general and
 presented to such tenants  by  the  offeror,  to  become  non-purchasing
 tenants under the provisions of this section; provided, however, that if
 the  disability  first  occurs  after acceptance of the plan for filing,
 then such election may be made within sixty days following the onset  of
 such  disability  unless  during  the  period  subsequent  to sixty days
 following the acceptance of the  plan  for  filing  but  prior  to  such
 election, the offeror accepts a written agreement to purchase the apart-
 ment from a bona fide purchaser; and provided further that such election
 shall  not  preclude  any  such  tenant from subsequently purchasing the
 dwelling unit or the shares allocated thereto on the terms then  offered
 to tenants in occupancy.
   §  4. This act shall take effect immediately; provided that the amend-
 ments to sections 352-eee and 352-eeee of the general business law  made
 by sections two and three of this act shall not affect the expiration of
 such sections and shall be deemed to expire therewith.