Senate Bill S5268

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5268
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 22, 2019
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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 the declaration of emergencies for certain rental housing  accommo-
   dations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision a of section 26-504 of the administrative  code
 of  the  city of New York, subparagraph (f) of paragraph 1 as amended by
 chapter 422 of the laws of 2010, is amended to read as follows:
   a. Class A multiple dwellings not owned  as  a  cooperative  or  as  a
 condominium,  except as provided in section three hundred fifty-two-eeee
 of the general business law,  containing  six  or  more  dwelling  units
 which:    (1)  were  completed  after  February  first, nineteen hundred
 forty-seven, except dwelling units (a) owned or leased by,  or  financed
 by  loans  from,  a  public  agency  or  public benefit corporation, (b)
 subject to rent regulation under the private housing finance law or  any
 other  state  law, (c) aided by government insurance under any provision
 of the national housing act, to the extent this  chapter  or  any  regu-
 lation  or  order  issued  thereunder  is inconsistent therewith, or (d)
 located in a building for which a certificate of occupancy  is  obtained
 after  March  tenth,  nineteen hundred sixty-nine[;], or (e) any class A
 multiple dwelling which on June first, nineteen hundred sixty-eight  was
 and  still  is commonly regarded as a hotel, transient hotel or residen-
 tial hotel, and which customarily provides hotel service  such  as  maid
 service,  furnishing  and  laundering  of  linen, telephone and bell boy
 service, secretarial or desk service and use and upkeep of furniture and
 fixtures, or (f) not occupied by the tenant, not including subtenants or
 occupants, as his or her primary residence, as determined by a court  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09542-01-9

 S. 5268                             2
 
 competent  jurisdiction,  provided, however that 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 prima-
 ry  residence  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.  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 purposes of this  subpara-
 graph where a housing accommodation is rented to a not-for-profit hospi-
 tal  for  residential  use, affiliated subtenants authorized to use such
 accommodations by such hospital shall be deemed to be  tenants,  or  (g)
 became  vacant on or after June thirtieth, nineteen hundred seventy-one,
 or become vacant, provided however, that this exemption shall not  apply
 or  become  effective  with  respect to housing accommodations which the
 commissioner determines or finds became vacant because the  landlord  or
 any  person acting on his or her behalf, with intent to cause the tenant
 to vacate, engaged in any course of conduct (including but  not  limited
 to,  interruption  or discontinuance of essential services) which inter-
 fered with or disturbed or was intended to interfere with or disturb the
 comfort, repose, peace or quiet of the tenant in his or her use or occu-
 pancy of the housing accommodations and provided further that any  hous-
 ing  accommodations  exempted by this paragraph shall be subject to this
 law to the extent provided in subdivision b of this section; or (2) were
 decontrolled by the city rent agency pursuant to section 26-414 of  this
 title;  or  (3)  are exempt from control by virtue of [item] CLAUSE one,
 two, six or seven of subparagraph (i) of paragraph two of subdivision  e
 of  section 26-403 of this title; OR (4) WERE COVERED BY A PROJECT BASED
 ASSISTANCE CONTRACT PURSUANT TO SECTION EIGHT OF THE UNITED STATES HOUS-
 ING ACT OF 1937 WHICH CONTRACT IS NO LONGER IN  EFFECT,  NOTWITHSTANDING
 THE  PROVISIONS  OF  SUBPARAGRAPH  (D)  OR  (G) OF PARAGRAPH ONE OF THIS
 SUBDIVISION OR PARAGRAPH FIVE OF SUBDIVISION A OF SECTION  FIVE  OF  THE
 EMERGENCY  TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR BUT SUBJECT TO
 ANY OTHER APPLICABLE EXCEPTIONS IN PARAGRAPH ONE OF THIS SUBDIVISION  OR
 SUBDIVISION  (A)  OF SECTION FIVE OF THE EMERGENCY TENANT PROTECTION ACT
 OF NINETEEN SEVENTY-FOUR, PROVIDED HOWEVER, THAT ANY DWELLING UNIT WHICH
 BECOMES SUBJECT TO THIS LAW PURSUANT TO  THIS  PARAGRAPH  SHALL  NOT  BE
 SUBJECT  TO  THE  PROVISIONS  OF SUBDIVISION A OF SECTION 26-513 OF THIS
 CHAPTER; and
   § 2. Section 5 of section 4 of chapter 576 of the laws of 1974 consti-
 tuting the emergency tenant protection act of nineteen  seventy-four  is
 amended by adding a new subdivision c to read as follows:
   C.  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH FIVE OF SUBDIVISION A
 OF THIS SECTION BUT SUBJECT TO ANY OTHER APPLICABLE EXCEPTIONS  IN  SUCH
 SUBDIVISION,  NOTHING  SHALL  PREVENT  THE  DECLARATION  OF AN EMERGENCY
 PURSUANT TO SECTION THREE OF THIS ACT FOR RENTAL HOUSING  ACCOMMODATIONS
 LOCATED  IN  A  BUILDING WHICH WAS COVERED BY A PROJECT BASED ASSISTANCE
 CONTRACT PURSUANT TO SECTION EIGHT OF THE UNITED STATES HOUSING  ACT  OF
 1937  WHICH  CONTRACT  IS NO LONGER IN EFFECT PROVIDED HOWEVER, THAT ANY
 HOUSING ACCOMMODATION WHICH BECOMES SUBJECT TO THIS ACT PURSUANT TO THIS
 SUBDIVISION SHALL NOT BE SUBJECT TO THE PROVISIONS OF SUBDIVISION  A  OF
 SECTION NINE OF THIS ACT.
   §  3.  This  act  shall take effect immediately and shall apply to all
 buildings which are covered  by  a  project  based  assistance  contract

 S. 5268                             3
 
 pursuant to section eight of the United States housing act of 1937 which
 contract  ceased to be effective on or after such date; provided, howev-
 er, that the amendment to subdivision a of section 26-504 of the  admin-
 istrative  code  of the city of New York made by section one of this act
 shall not affect the expiration of  such  section  pursuant  to  section
 26-520  of  such code and shall expire therewith; and provided, further,
 that the amendment to section 5 of the emergency tenant  protection  act
 of  nineteen  seventy-four  made  by  section  two of this act shall not
 affect the expiration of such act as provided in section 17  of  chapter
 576 of the laws of 1974, as amended, and shall expire therewith.