S T A T E O F N E W Y O R K
________________________________________________________________________
8310
I N S E N A T E
May 11, 2020
___________
Introduced by Sen. HOYLMAN -- 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 public housing law, chapter 274 of the laws of 1946,
constituting the emergency housing rent control law, chapter 21 of the
laws of 1962, constituting the local emergency housing rent control
act, chapter 576 of the laws of 1974, constituting the emergency
tenant protection act, and the administrative code of the city of New
York, in relation to temporary relocation due to the COVID-19 state
disaster emergency
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Clauses (v) and (vi) of paragraph (a) of subdivision 4 of
section 14 of the public housing law, as added by chapter 116 of the
laws of 1997, are amended to read as follows:
(v) is hospitalized for medical treatment; [or]
(vi) IS NOT IN RESIDENCE AT THE HOUSING ACCOMMODATION BETWEEN MARCH
SEVENTH, TWO THOUSAND TWENTY AND THE DATE OF THE EXPIRATION OF THE STATE
DISASTER EMERGENCY, AS SUCH TERM IS DEFINED IN SECTION TWENTY OF THE
EXECUTIVE LAW, DECLARED PURSUANT TO EXECUTIVE ORDER TWO HUNDRED TWO OF
TWO THOUSAND TWENTY, AS AMENDED; OR
(VII) has such other reasonable grounds that shall be determined by
the commissioner upon application by such person.
§ 2. Paragraph (l) of subdivision 2 of section 2 of chapter 274 of the
laws of 1946, constituting the emergency housing rent control law, as
amended by chapter 422 of the laws of 2010, is amended to read as
follows:
(l) housing accommodations which are not occupied by the tenant in
possession as his or her primary residence provided, however, that any
such housing accommodation shall continue to be subject to rent control
as provided herein unless the commission issues an order decontrolling
such accommodation which the commission shall do upon application by the
landlord, whenever it is established by any facts and circumstances
which, in the judgment of the commission, may have a bearing upon the
question of residence, that the tenant maintains his or her primary
residence at some place other than at such housing accommodation. For
the purposes of determining primary residency, THE FOLLOWING INDIVIDUALS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16337-01-0
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SHALL BE DEEMED TO BE OCCUPYING THE UNIT AS THEIR PRIMARY RESIDENCE: (I)
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]; AND (II) A TENANT WHO TEMPORARILY RELO-
CATES FROM THE UNIT BETWEEN MARCH SEVENTH, TWO THOUSAND TWENTY AND THE
DATE OF THE EXPIRATION OF THE STATE DISASTER EMERGENCY, AS SUCH TERM IS
DEFINED IN SECTION TWENTY OF THE EXECUTIVE LAW, DECLARED PURSUANT TO
EXECUTIVE ORDER TWO HUNDRED TWO OF TWO THOUSAND TWENTY, AS AMENDED, AND
WHO ASSERTS AN INTENT TO RETURN TO THE HOUSING ACCOMMODATION.
§ 3. The closing paragraph of subdivision 5 of section 1 of chapter 21
of the laws of 1962, constituting the local emergency housing rent
control act, as amended by chapter 422 of the laws of 2010, is amended
to read as follows:
Notwithstanding the foregoing, no local law or ordinance shall subject
to such regulation and control any housing accommodation which is not
occupied by the tenant in possession as his or her primary residence;
provided, however, that such housing accommodation not occupied by the
tenant in possession as his or her primary residence shall continue to
be subject to regulation and control as provided for herein unless the
city housing rent agency issues an order decontrolling such accommo-
dation, which the agency shall do upon application by the landlord when-
ever it is established by any facts and circumstances which, in the
judgment of the agency, may have a bearing upon the question of resi-
dence, that the tenant maintains his or her primary residence at some
place other than at such housing accommodation. For the purposes of
determining primary residency, THE FOLLOWING INDIVIDUALS SHALL BE DEEMED
TO BE OCCUPYING THE UNIT AS THEIR PRIMARY RESIDENCE: (A) 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]; AND (B) A TENANT WHO TEMPORARILY RELOCATES FROM THE
UNIT BETWEEN MARCH SEVENTH, TWO THOUSAND TWENTY AND THE DATE OF THE
EXPIRATION OF THE STATE DISASTER EMERGENCY, AS SUCH TERM IS DEFINED IN
SECTION TWENTY OF THE EXECUTIVE LAW, DECLARED PURSUANT TO EXECUTIVE
ORDER TWO HUNDRED TWO OF TWO THOUSAND TWENTY, AS AMENDED, AND WHO
ASSERTS AN INTENT TO RETURN TO THE HOUSING ACCOMMODATION.
§ 4. Paragraph 11 of subdivision a of section 5 of section 4 of chap-
ter 576 of the laws of 1974, constituting the emergency tenant
protection act, as amended by section 1 of part J of chapter 36 of the
laws of 2019, is amended to read as follows:
(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, THE FOLLOWING INDIVIDUALS SHALL BE DEEMED
TO BE OCCUPYING THE UNIT AS THEIR PRIMARY RESIDENCE: (A) 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]; AND (B) A TENANT WHO TEMPORARILY RELOCATES FROM THE
UNIT BETWEEN MARCH SEVENTH, TWO THOUSAND TWENTY AND THE DATE OF THE
EXPIRATION OF THE STATE DISASTER EMERGENCY, AS SUCH TERM IS DEFINED IN
SECTION TWENTY OF THE EXECUTIVE LAW, DECLARED PURSUANT TO EXECUTIVE
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ORDER TWO HUNDRED TWO OF TWO THOUSAND TWENTY, AS AMENDED, AND WHO
ASSERTS AN INTENT TO RETURN TO THE HOUSING ACCOMMODATION. 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
nineteen that amended this paragraph, permanent housing to individuals
who are or were homeless or at risk of homelessness, affiliated subten-
ants 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 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.
§ 5. Clause 10 of subparagraph (i) of paragraph 2 of subdivision e of
section 26-403 of the administrative code of the city of New York, as
amended by chapter 422 of the laws of 2010, is amended to read as
follows:
(10) Housing accommodations 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, THE FOLLOWING INDIVIDUALS SHALL BE DEEMED TO BE OCCU-
PYING THE UNIT AS THEIR PRIMARY RESIDENCE: (A) 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]; AND
(B) A TENANT WHO TEMPORARILY RELOCATES FROM THE UNIT BETWEEN MARCH
SEVENTH, TWO THOUSAND TWENTY AND THE DATE OF THE EXPIRATION OF THE STATE
DISASTER EMERGENCY, AS SUCH TERM IS DEFINED IN SECTION TWENTY OF THE
EXECUTIVE LAW, DECLARED PURSUANT TO EXECUTIVE ORDER TWO HUNDRED TWO OF
TWO THOUSAND TWENTY, AS AMENDED, AND WHO ASSERTS AN INTENT TO RETURN TO
THE HOUSING ACCOMMODATION. 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 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.
§ 6. 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 regu-
lation under the private housing finance law or any other state law, (c)
aided by government insurance under any provision of the national hous-
ing act, to the extent this chapter or any regulation 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
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as a hotel, transient hotel or residential 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 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 primary 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, THE FOLLOWING INDIVIDUALS
SHALL BE DEEMED TO BE OCCUPYING THE UNIT AS THEIR PRIMARY RESIDENCE: (I)
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]; AND (II) A TENANT WHO TEMPORARILY RELO-
CATES FROM THE UNIT BETWEEN MARCH SEVENTH, TWO THOUSAND TWENTY AND THE
DATE OF THE EXPIRATION OF THE STATE DISASTER EMERGENCY, AS SUCH TERM IS
DEFINED IN SECTION TWENTY OF THE EXECUTIVE LAW, DECLARED PURSUANT TO
EXECUTIVE ORDER TWO HUNDRED TWO OF TWO THOUSAND TWENTY, AS AMENDED, AND
WHO ASSERTS AN INTENT TO RETURN TO THE HOUSING ACCOMMODATION. For the
purposes of this subparagraph 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, 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 essen-
tial services) which interfered 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 occupancy of the housing accommodations and
provided further that any housing accommodations exempted by this para-
graph 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 one, two, six or seven of subparagraph (i) of para-
graph two of subdivision e of section 26-403 of this title; and
§ 7. This act shall take effect immediately; provided, however, that:
(a) the amendments to clause 10 of subparagraph (i) of paragraph 2 of
subdivision e of section 26-403 of the city rent and rehabilitation law
made by section five of this act shall remain in full force and effect
only as long as the public emergency requiring the regulation and
control of residential rents and evictions continues, as provided in
subdivision 3 of section 1 of the local emergency housing rent control
act; and
(b) the amendments to subdivision a of section 26-504 of chapter 4 of
title 26 of the administrative code of the city of New York made by
section six 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.