NY State Senate Bill 2019-S8310A

Senate Bill S8310A

2019-2020 Legislative Session

Relates to suspending evictions of rent regulated tenants in certain situations due to COVID-19

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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
May 18, 2020	print number 8310a
May 18, 2020	amend (t) and recommit to housing, construction and community development
May 11, 2020	referred to housing, construction and community development

Bill Amendments

Original

A (Active)

2019-S8310 - Details

See Assembly Version of this Bill:: A10381
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Real Property
Versions Introduced in 2021-2022 Legislative Session:: S732, A619

2019-S8310 - Summary

Suspends evictions of rent regulated tenants when a tenant is forced to spend time away from their residence due to COVID-19 and cannot meet occupancy requirements of one hundred eighty-three days or more.

2019-S8310 - Sponsor Memo

                                
 
BILL NUMBER: S8310

SPONSOR: HOYLMAN
 
TITLE OF BILL:

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

 
SUMMARY OF SPECIFIC PROVISIONS::

Section 1 of this bill amends subdivision four of section 14 of the
Public Housing law, which sets forth provisions by which family members
may succeed to the rights of tenants protected by laws relating to rent
stabilization or rent control. This subdivision sets forth minimum peri-
ods of required residency for such family members in order to succeed to
the rights of a tenant; the bill would provide that those periods shall
not be deemed to be interrupted if the family member temporarily relo-

cates during the state disaster emergency declared pursuant to Executive
Order 202 of 2020.

Sections 2, 3, 4, 5, and 6 of this bill amend section 2 of the Emergency
Housing Rent Control Law, Section 1 of the Local Emergency Housing Rent
Control Act, Section 4 of the Emergency Tenant Protection Act, and
Sections 26-403 and 26-504 of the New York City Administrative Code,
respectively, to provide that for the purposes of such laws, a tenant
who temporarily relocates from a unit during the state disaster emergen-
cy declared pursuant to Executive Order 202 of 2020, and who asserts an
intent to return to the housing accommodation, shall be deemed to be
occupying the unit as their primary residence.

Section 7 of this bill provides the effective date.

 
JUSTIFICATION:

In order to continue to be protected under New York City's rent stabili-
zation and rent control laws and retain the right to lease renewal,
tenants must maintain their housing accommodation as their "primary
residence," which according to established case law means they must
occupy the residence for more than half of the calendar year. In normal
times, this law provides an important guarantee that New York's afforda-
ble housing stock is reserved for full-time residents of the City.

However, as New York continues to be the hardest-hit city in the country
during the COVID-19 pandemic, some tenants have chosen to temporarily
seek shelter with friends or family in locations outside of the City in
order to minimize their exposure to the virus and protect their health.
If these tenants are away from their units for an extended period of
time, this reasonable step could result in their landlord bringing a
civil action to evict the tenant on the basis of non-primary residence
at the termination of their lease, once eviction proceedings are allowed
to resume.

Current law also requires that tenants' family members who desire to
succeed to the rights of tenant once the current tenant vacates the
apartment must fulfill certain minimum periods of required residency in
order to be eligible to do so. If these family members were to relocate
during the pandemic, these required time periods could be deemed to be
interrupted.

Tenants and their families who temporarily relocate to ensure they can
stay safe during this difficult, frightening time period should not have
to fear that doing so might lead to the loss of their affordable housing
unit, especially when so many New Yorkers are currently faced with
crushing economic hardship.

This bill would provide that during the current declared state disaster
emergency, such tenants would be deemed to be occupying their units as
their primary residence, and any of their family members who relocate
would not be deemed to have interrupted their minimum residency require-
ments.

 
PRIOR LEGISLATIVE HISTORY::

New bill

 
FISCAL IMPLICATIONS::

None to the State

 
EFFECTIVE DATE::

This act shall take effect immediately.

2019-S8310 - Bill Text download pdf

                            
 
                     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

 S. 8310                             2
 
 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

 S. 8310                             3

 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

 S. 8310                             4
 
 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.

2019-S8310A (ACTIVE) - Details

See Assembly Version of this Bill:: A10381
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Real Property
Versions Introduced in 2021-2022 Legislative Session:: S732, A619

2019-S8310A (ACTIVE) - Summary

2019-S8310A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8310A

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act in relation to suspending evictions for tenants who are forced to
spend time away from their rent regulated residences and cannot meet
certain occupancy requirements

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill establishes that time spent out of a rent regu-
lated residence during the COVID-19 declared state of emergency shall
not be counted toward any rent regulation occupancy time requirement or
become grounds for eviction.

Section 2 of the bill provides the effective date.

 
JUSTIFICATION:

In order to continue to be protected under New York City's rent stabili-

zation and rent control laws and retain the right to lease renewal,
tenants must maintain their housing accommodation as their "primary
residence," which according to established case law means they must
occupy the residence for more than half of the calendar year. In normal
times, this law provides an important guarantee that New York's afforda-
ble housing stock is reserved for full-time residents of the City.

However, as New York continues to be the hardest-hit city in the country
during the COVID-19 pandemic, some tenants have chosen to temporarily
seek shelter with friends or family in locations outside of the City in
order to minimize their exposure to the virus and protect their health.
If these tenants are away from their units for an extended period of
time, this reasonable step could result in their landlord bringing a
civil action to evict the tenant on the basis of non-primary residence
at the termination of their lease, once eviction proceedings are allowed
to resume.

Current law also requires that tenants' family members who desire to
succeed to the rights of tenant once the current tenant vacates the
apartment must fulfill certain minimum periods of required residency in
order to be eligible to do so. If these family members were to relocate
during the pandemic, these required time periods could be deemed to be
interrupted.

Tenants and their families who temporarily relocate to ensure they can
stay safe during this difficult, frightening time period should not have
to fear that doing so might lead to the loss of their affordable housing
unit, especially when so many New Yorkers are currently faced with
crushing economic hardship.

This bill would provide that during the current declared state disaster
emergency, such tenants would be deemed to be occupying their units as
their primary residence, and any of their family members who relocate
would not be deemed to have interrupted their minimum residency require-
ments.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S8310A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8310--A
 
                             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  -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT in relation to suspending evictions for tenants who are forced to
   spend time away from their rent regulated residences and  cannot  meet
   certain occupancy requirements
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Notwithstanding any law to the contrary, where a tenant has
 signed a lease and is occupying a  rent  regulated  residence  and  such
 lease requires such tenant to occupy such residence as his or her prima-
 ry  residence  for a period of greater than one-half of a calendar year,
 or one hundred eighty-three days, and due to COVID-19  such  tenant  has
 not  been  able to occupy such residence as his or her primary residence
 pursuant to the requirements of such lease, beginning from the  date  of
 the  state  of  emergency  declared by executive order 202 that began on
 March 7, 2020 until such state of emergency is  lifted  any  days  spent
 away  from  such  residence due to COVID-19 shall not be counted towards
 any rent regulation occupancy time requirement, and shall not be grounds
 for eviction pursuant to chapter 3 of title  26  of  the  administrative
 code of the city of New York.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16337-02-0

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