NY State Senate Bill S732

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (10)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2022	committed to rules
May 02, 2022	advanced to third reading
Apr 27, 2022	2nd report cal.
Apr 26, 2022	1st report cal.815
Jan 05, 2022	referred to housing, construction and community development
Jun 10, 2021	committed to rules
May 24, 2021	advanced to third reading
May 20, 2021	2nd report cal.
May 18, 2021	1st report cal.1087
Jan 06, 2021	referred to housing, construction and community development

Votes

view votes

Apr 26, 2022 - Housing, Construction and Community Development committee Vote

S732

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 18, 2021 - Housing, Construction and Community Development committee Vote

S732

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

S732 (ACTIVE) - Details

See Assembly Version of this Bill:: A619
Current Committee:: Senate Rules
Law Section:: Real Property
Versions Introduced in 2019-2020 Legislative Session:: S8310, A10381

S732 (ACTIVE) - 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.

S732 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S732

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

 
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:

S.8310-A of 2020 (Hoylman): Died in Housing, Construction and Community
Development

A.10381 of 2020 (Rosenthal L): Died in Housing

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S732 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    732
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 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 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.
                                                            LBD00320-01-1

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The New York State Senate

senate Bill S732

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Your Voice

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Votes

Apr 26, 2022 - Housing, Construction and Community Development committee Vote

Housing, Construction and Community Development Committee Vote: Apr 26, 2022

May 18, 2021 - Housing, Construction and Community Development committee Vote

Housing, Construction and Community Development Committee Vote: May 18, 2021

S732 (ACTIVE) - Details

S732 (ACTIVE) - Summary

S732 (ACTIVE) - Sponsor Memo

S732 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S732

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Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - In Senate Committee Rules Committee

Your Voice

Actions

Votes

Apr 26, 2022 - Housing, Construction and Community Development committee Vote

Housing, Construction and Community Development Committee Vote: Apr 26, 2022

May 18, 2021 - Housing, Construction and Community Development committee Vote

Housing, Construction and Community Development Committee Vote: May 18, 2021

S732 (ACTIVE) - Details

S732 (ACTIVE) - Summary

S732 (ACTIVE) - Sponsor Memo

S732 (ACTIVE) - Bill Text download pdf

Comments