S T A T E O F N E W Y O R K
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8146--A
2021-2022 Regular Sessions
I N A S S E M B L Y
July 7, 2021
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Introduced by M. of A. NIOU, FALL -- read once and referred to the
Committee on Housing -- recommitted to the Committee on Housing in
accordance with Assembly Rule 3, sec. 2 -- reported and referred to
the Committee on Ways and Means -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the public authorities law, in relation to requiring the
Battery Park city authority to offer certain amendments to the
subleases of buildings with residential condominium units
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1974-b of the public authorities law is amended by
adding a new subdivision 3 to read as follows:
3. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE AUTHORITY
SHALL, WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS SUBDIVISION,
OFFER TO EACH BUILDING WITH RESIDENTIAL CONDOMINIUM UNITS IN THE BATTERY
PARK PROJECT AREA AN AMENDMENT TO SUCH BUILDING'S RESIDENTIAL SUBLEASE
TO THE LEASE BETWEEN THE CITY OF NEW YORK AND THE AUTHORITY, DATED
NOVEMBER TWENTY-FOURTH, NINETEEN HUNDRED SIXTY-NINE AND RECORDED DECEM-
BER TWENTY-SIXTH, NINETEEN HUNDRED SIXTY-NINE ON PAGE ONE OF REEL ONE
HUNDRED SIXTY-ONE, AND ANY SUBSEQUENT AMENDMENTS, WHICH (A) LIMITS THE
ANNUAL ADJUSTMENT STARTING IN JANUARY, TWO THOUSAND TWENTY-THREE, AND
FOR THE DURATION OF EACH GROUND LEASE TO THE LESSER OF: (I) THE CURRENT-
LY SCHEDULED RENT INCREASE; OR (II) TO NO MORE THAN THE ANNUAL ADJUST-
MENT OF RENT FOR APARTMENTS OR LOFTS PURSUANT TO AN ORDER OF THE NEW
YORK CITY RENT GUIDELINES BOARD; (B) WHICH EXTENDS THE EXPIRATION DATE
OF SUBLEASE TO JUNE SEVENTEENTH, TWENTY-ONE HUNDRED SIXTY-EIGHT; AND (C)
WHICH REMOVES ANY LANGUAGE FROM SUCH SUBLEASE THAT IS INCONSISTENT WITH
THE PROVISIONS OF PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION. NO OTHER
CHANGES TO SUCH SUBLEASES SHALL BE INCLUDED IN SUCH AMENDMENT. FOR
PURPOSES OF THIS SUBDIVISION, "BUILDING WITH RESIDENTIAL CONDOMINIUM
UNITS" SHALL MEAN A BUILDING THAT IS SUBJECT TO THE PROVISIONS OF ARTI-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11269-06-2
A. 8146--A 2
CLE NINE-B OF THE REAL PROPERTY LAW AND THAT IS USED PREDOMINANTLY FOR
RESIDENTIAL PURPOSES.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall apply to any ground lease in effect
on or after such effective date.