Senate Bill S2843

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2843
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2021
                                ___________
 
 Introduced  by Sens. KAVANAGH, KRUEGER, SALAZAR, SEPULVEDA -- 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 emergency tenant protection act of  nineteen  seven-
   ty-four,  in  relation  to not-for-profits' use of certain residential
   dwellings

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs  10  and  11  of subdivision a of section 5 of
 section 4 of chapter 576 of the laws of 1974, constituting the emergency
 tenant protection act of nineteen seventy-four, paragraph 10 as  amended
 by  section 17 of part Q of chapter 39 of the laws of 2019 and paragraph
 11 as amended by section 1 of part J of chapter 36 of the laws of  2019,
 are amended to read as follows:
   (10)  housing  accommodations  in  buildings  operated exclusively for
 charitable purposes on a non-profit basis except for permanent OR TEMPO-
 RARY housing accommodations with government contracted services,  as  of
 and  after the effective date of the chapter of the laws of two thousand
 nineteen that amended this paragraph, to  [vulnerable]  individuals  [or
 individuals  with  disabilities]  who are or were homeless or at risk of
 homelessness; provided, however, that the terms of leases  in  existence
 as  of  the  effective  date  of the chapter of the laws of two thousand
 nineteen that amended this paragraph, shall only be affected upon  lease
 renewal,  and  further  provided  that  upon the vacancy of such housing
 accommodations, the legal regulated rent for such housing accommodations
 shall be the legal regulated rent paid for such  housing  accommodations
 by  the  prior  tenant,  subject  only  to any adjustment adopted by the
 applicable rent guidelines board;
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06506-01-1

 S. 2843                             2
 
 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 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 OR TEMPORARY housing to
 individuals who are or were homeless or at risk of homelessness,  affil-
 iated  subtenants 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  resi-
 dence  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.
   § 2. This act shall take effect immediately.