S T A T E O F N E W Y O R K
________________________________________________________________________
3700
2021-2022 Regular Sessions
I N A S S E M B L Y
January 28, 2021
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Introduced by M. of A. CYMBROWITZ -- read once and referred to the
Committee on Housing
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 warehousing of housing accommodations and penalties therefor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings and intent. The legislature finds and
declares that each person in the state shall have a right to be housed
and that such right to housing is a basic human right.
The legislature further finds and declares that the practice of "ware-
housing", that is of intentionally withholding housing accommodations
from the housing market, including the withholding of apartments for
purposes of future co-operative apartment conversion, has contributed
significantly to the shortage of housing in this state, especially in
the city of New York.
The legislature further finds and declares that the practice of ware-
housing has violated the right to housing of many of the citizens and
residents of this state.
It is thus the intent of the legislature to eliminate the practice of
warehousing by providing strong penalties to deter such practice.
§ 2. Section 26-412 of the administrative code of the city of New York
is amended by adding a new subdivision g to read as follows:
G. IT SHALL BE UNLAWFUL TO HARASS A TENANT TO OBTAIN VACANCY OF HIS OR
HER HOUSING ACCOMMODATION OR TO HAVE INTENTIONALLY WITHHELD A HOUSING
ACCOMMODATION FROM THE MARKET, INCLUDING WITHHOLDING SUCH ACCOMMODATION
FOR THE PURPOSE OF FUTURE CO-OPERATIVE APARTMENT CONVERSION. FOR THE
PURPOSES OF THIS SUBDIVISION, HARASSMENT CONSISTS OF ENGAGING IN A
COURSE OF CONDUCT OR REPEATEDLY COMMITTING ACTS WHICH ALARM OR SERIOUSLY
ANNOY A TENANT OR OTHER PERSON RESIDING IN THE TENANT'S HOUSING ACCOMMO-
DATION AND WHICH SERVE NO LEGITIMATE PURPOSE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07086-01-1
A. 3700 2
§ 3. Paragraph 2 of subdivision c of section 26-516 of the administra-
tive code of the city of New York, as amended by section 23 of part A of
chapter 20 of the laws of 2015, is amended to read as follows:
(2) to have harassed a tenant to obtain vacancy of his or her housing
accommodation OR TO HAVE INTENTIONALLY WITHHELD A HOUSING ACCOMMODATION
FROM THE MARKET, INCLUDING WITHHOLDING SUCH ACCOMMODATION FOR THE
PURPOSE OF FUTURE CO-OPERATIVE APARTMENT CONVERSION, the commissioner
may impose by administrative order after hearing, a civil penalty for
any such violation. Such penalty shall be at a minimum in the amount of
two thousand but not to exceed three thousand dollars for the first such
offense, and at minimum in the amount of ten thousand but not to exceed
eleven thousand dollars for each subsequent offense or for a violation
consisting of conduct directed at the tenants of more than one housing
accommodation.
§ 4. Clause (ii) of paragraph 3 of subdivision a of section 12 of
section 4 of chapter 576 of the laws of 1974, constituting the emergency
tenant protection act of nineteen seventy-four, as amended by section 27
of part A of chapter 20 of the laws of 2015, is amended to read as
follows:
(ii) to have harassed a tenant to obtain vacancy of his housing accom-
modation OR TO HAVE INTENTIONALLY WITHHELD A HOUSING ACCOMMODATION FROM
THE MARKET, INCLUDING WITHHOLDING SUCH ACCOMMODATION FOR THE PURPOSE OF
FUTURE CO-OPERATIVE APARTMENT CONVERSION, the commissioner may impose by
administrative order after hearing, a civil penalty for any such
violation. Such penalty shall be at minimum in the amount of two thou-
sand but not to exceed three thousand dollars for the first such
offense, and at minimum in the amount of ten thousand but not to exceed
eleven thousand dollars for each subsequent offense or for a violation
consisting of conduct directed at the tenants of more than one housing
accommodation.
§ 5. This act shall take effect immediately provided that the amend-
ment to section 26-412 of the city rent and rehabilitation law made by
section two of this act shall remain in full force and effect only so
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
provided further that the amendment to section 26-516 of the rent
stabilization law of nineteen hundred sixty-nine made by section three
of this act shall expire on the same date as such law expires.