S T A T E O F N E W Y O R K
________________________________________________________________________
7115
2019-2020 Regular Sessions
I N A S S E M B L Y
April 9, 2019
___________
Introduced by M. of A. JOYNER -- read once and referred to the Committee
on Housing
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 NINETEEN 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 NINETEEN 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.
LBD09364-01-9
A. 7115 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
NINETEEN 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.