NY State Senate Bill 2019-S1920

Senate Bill S1920

2019-2020 Legislative Session

Relates to renewal of a lease under the stabilization code promulgated by the real estate industry stabilization association

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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
Jan 08, 2020	referred to housing, construction and community development
Jan 17, 2019	referred to housing, construction and community development

co-Sponsors

2019-S1920 (ACTIVE) - Details

See Assembly Version of this Bill:: A725
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: New York City Administrative Code
Laws Affected:: Amd §26-511, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3854, A2558
2011-2012: S906, A3596
2013-2014: S3176, A3904
2015-2016: S2856, A3602
2017-2018: S3193, A5901
2021-2022: S490, A8278
2023-2024: S129, A3977

2019-S1920 (ACTIVE) - Summary

Relates to renewal of a lease under the stabilization code promulgated by the real estate industry stabilization association; defines demolish.

2019-S1920 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1920

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the administrative code of the city of New York, in
relation to renewal of a lease under the stabilization code

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to clarify the original intent of the demo-
lition provision of the Rent Stabilization Law, and to prohibit building
owners from using demolition applications to evict rent stabilized
tenants without actually demolishing their buildings.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends subparagraph (a) of paragraph 9 of subdivi-
sion c of section 26-511 of the administrative code of the city of New
York, constituting a provision of the rent stabilization law of nineteen
hundred sixty-nine. The amendments define building demolition, establish

new procedures at the division of housing and community renewal for
demolition applications, and grant rent stabilized tenants expanded
options in cases where demolition applications are approved.

Section 2 provides for the effective date.

 
JUSTIFICATION:

It is in the State's economic and social interest that an adequate
supply of affordable housing be available. But as development pressures
continue to drive the competitive real estate market in New York City
and surrounding counties, there has been an increasing loss of afforda-
ble housing units. Eager to increase profits on rent stabilized housing
units in particular, building owners have utilized a variety of means to
turn these units into more profitable luxury housing or commercial
units. The result has been that each year, thousands of rent-stabilized
units are permanently removed from the housing stock. This trend contin-
ues as owners seek new ways to manipulate the letter and spirit of the
law in order to more expeditiously eliminate the rent stabilized units
in a building.

This bill addresses one method by which owners are increasingly attempt-
ing in order to deregulate rent-stabilized apartments. While the Legis-
lature intended that the demolition provision of the Rent Stabilization
law permit owners to demolish old, dilapidated and dangerous housing in
order to replace it with new, safe housing, some owners are attempting
to redefine demolition as simple renovations where entire floors are
left intact, outer walls are untouched, or major structural elements
remain in place. Such uses of the term "demolition" are inconsistent
with both its common meaning and the meaning that was intended by the
Legislature. This bill will clarify the definition of "demolition",
making it consistent with its common and intended definitions. Accord-
ingly, it will be clear that owners shall not be permitted to eliminate
rent-stabilized housing units by manipulating the demolition provision
in this manner.

 
FISCAL IMPLICATIONS:

To be determined.

 
LEGISLATIVE HISTORY:

2017-2018: S.3193/A.5901
2015-2016: S.2856/A.3602
2013-2014: S.3176/A.3904
2011-2012: S.906/A.3596
2009-2010: S.3854-13/A.2558-13
2008: S.7233

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to any action or
proceeding pending in any court and to any application, complaint, or
proceeding pending before an administrative agency on such effective
date, as well as to any action or proceeding commenced thereafter;
provided, however that the amendments to subparagraph (a) of paragraph 9
of subdivision c of section 26-511 of the rent stabilization law of
nineteen hundred sixty-nine made by section one of this act shall expire
of such law as provided under section 26-520 of the administrative code
of the city of New York.

2019-S1920 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1920
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2019
                                ___________
 
 Introduced  by  Sens.  KRUEGER,  HOYLMAN,  MONTGOMERY  -- 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, in
   relation to renewal of a lease under the stabilization code

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (a) of paragraph 9 of subdivision c of section
 26-511  of the administrative code of the city of New York is amended to
 read as follows:
   (a) (1) where [he or she] THE OWNER HAS ESTABLISHED TO  THE  SATISFAC-
 TION  OF  THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, AFTER A HEARING
 AT WHICH ALL PARTIES MAY PRESENT EVIDENCE THAT THE SUBJECT  BUILDING  IS
 IN A SUBSTANDARD OR SERIOUSLY DETERIORATED CONDITION, AND THAT THE OWNER
 intends  in  good  faith  to  demolish  the building and [has obtained a
 permit therefor from the department of buildings] SUBMITS PROOF PRIOR TO
 FILING THE APPLICATION  WITH  THE  DIVISION  OF  HOUSING  AND  COMMUNITY
 RENEWAL  THAT  PLANS  AND  IF  POSSIBLE,  THE NECESSARY PERMITS, FOR THE
 UNDERTAKING HAVE BEEN APPROVED BY AND OBTAINED FROM  THE  DEPARTMENT  OF
 BUILDINGS.    SUCH APPLICATION SHALL BE FILED AT LEAST NINETY DAYS PRIOR
 TO THE EXPIRATION OF THE LEASE TERM; FOR THE PURPOSE  OF  THIS  SUBPARA-
 GRAPH,  "DEMOLISH"  MEANS  THE  COMPLETE  RAZING OF THE ENTIRE BUILDING,
 INCLUDING ALL EXTERIOR WALLS, IN ORDER TO CONSTRUCT A NEW BUILDING  WITH
 THE SAME OR GREATER NUMBER OF RENTAL HOUSING UNITS;
   (2)  THE  ORDER  GRANTING  THE  OWNER'S  DEMOLITION  APPLICATION SHALL
 PROVIDE THAT THE OWNER MUST, AT THE TENANT'S OPTION, EITHER:  (I)  RELO-
 CATE  THE  TENANT  TO  AN EQUIVALENT OR SUPERIOR RENT STABILIZED HOUSING
 ACCOMMODATION IN A CLOSELY PROXIMATE  AREA,  OR  IF  A  NEW  RESIDENTIAL
 BUILDING  IS BEING CONSTRUCTED ON THE SITE PROVIDE THE TENANT WITH SUIT-
 ABLE INTERIM HOUSING AT NO ADDITIONAL COST UNTIL A UNIT IS AVAILABLE  IN
 THE  NEW  BUILDING; PROVIDE THAT THE AMOUNT OF RENT CHARGED FOR THE UNIT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05675-01-9

 S. 1920                             2
 
 SHALL BE AT THE SAME OR LOWER LEGAL  REGULATED  RENT;  AND  PROVIDE  THE
 TENANT,  IN  ADDITION  TO  REASONABLE MOVING EXPENSES, PAYMENT OF A FIVE
 THOUSAND DOLLAR STIPEND, PROVIDED THE TENANT VACATES ON  OR  BEFORE  THE
 VACATE  DATE  REQUIRED BY THE FINAL ORDER; OR (II) PROVIDE RELOCATION OF
 THE TENANT TO A SUITABLE HOUSING ACCOMMODATION AT A RENT  IN  EXCESS  OF
 THAT FOR THE SUBJECT HOUSING ACCOMMODATION; PROVIDE THE TENANT, IN ADDI-
 TION TO REASONABLE MOVING EXPENSES, A STIPEND EQUAL TO THE DIFFERENCE OF
 THE RENT CHARGED AT THE HOUSING ACCOMMODATION BEING VACATED AND THE RENT
 CHARGED FOR THE HOUSING ACCOMMODATION TO WHICH THE TENANT IS RELOCATING,
 MULTIPLIED  BY  SEVENTY-TWO  MONTHS,  PROVIDED  THE TENANT VACATES ON OR
 BEFORE THE VACATE DATE REQUIRED BY THE FINAL ORDER;  OR  (III)  PAY  THE
 TENANT  A  STIPEND  WHICH  SHALL  BE THE DIFFERENCE BETWEEN THE TENANT'S
 CURRENT RENT AND AN AMOUNT TO BE CALCULATED USING THE DEMOLITION STIPEND
 CHART, CREATED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL,  MULTI-
 PLIED BY SEVENTY-TWO MONTHS; or
   §  2.  This  act  shall take effect immediately and shall apply to any
 tenant in possession on or after such effective date and to  any  action
 or proceeding pending in any court and to any application, complaint, or
 proceeding  pending  before  an  administrative agency on such effective
 date, as well as to  any  action  or  proceeding  commenced  thereafter;
 provided, however that the amendments to subparagraph (a) of paragraph 9
 of  subdivision  c  of  section  26-511  of chapter 4 of title 26 of the
 administrative code of the city of New York made by section one 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.

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Senate Bill S1920

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Sponsored By

Liz Krueger