S T A T E O F N E W Y O R K
________________________________________________________________________
8446
2023-2024 Regular Sessions
I N A S S E M B L Y
December 29, 2023
___________
Introduced by M. of A. SIMONE -- read once and referred to the Committee
on Housing
AN ACT to amend the administrative code of the city of New York, the
emergency tenant protection act of nineteen seventy-four and the emer-
gency housing rent control law, in relation to requiring property
owners to dedicate certain residential units to the same protected
status the unit previously held following demolition and new
construction or substantial renovation
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 26-512 of the administrative code of the city of
New York is amended by adding a new subdivision h to read as follows:
H. NOTWITHSTANDING ANY PROVISION OF LAW, RULE OR REGULATION TO THE
CONTRARY, IF ALL OR A PORTION OF THE RENT CONTROLLED OR RENT STABILIZED
HOUSING ACCOMMODATION PROTECTED BY THE EMERGENCY TENANT PROTECTION ACT
OF NINETEEN SEVENTY-FOUR, THE EMERGENCY HOUSING RENT CONTROL LAW, THE
LOCAL EMERGENCY HOUSING RENT CONTROL ACT, THE ADMINISTRATIVE CODE OF
THE CITY OF NEW YORK AND ANY REGULATIONS, RULES AND POLICIES ENACTED
PURSUANT THERETO, IN A RESIDENTIAL BUILDING ARE RENDERED UNINHABITABLE
OR ARE VACATED DUE TO DEMOLITION AND NEW CONSTRUCTION OR TO SUBSTANTIAL
RENOVATION CONDUCTED BY OR ON BEHALF OF THE PROPERTY OWNER UNDER ANY OF
THE FOLLOWING CIRCUMSTANCES, THE PROPERTY OWNER SHALL, UPON COMPLETION
OF THE NEW CONSTRUCTION OR RENOVATION OF THE BUILDING, DEDICATE AN EQUAL
NUMBER OF UNITS, OF SIZES EQUIVALENT TO THOSE VACATED OR RENDERED
UNINHABITABLE, AT THE RENT AMOUNT ALLOWABLE FOR THE UNITS EXISTING
PRIOR TO THE DEMOLITION OR RENOVATION TO THE SAME STATUS THE UNIT
PREVIOUSLY HELD AS RENT CONTROLLED OR RENT STABILIZED HOUSING ACCOMMO-
DATION PROTECTED BY THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN
SEVENTY-FOUR, THE EMERGENCY HOUSING RENT CONTROL LAW, THE LOCAL EMER-
GENCY HOUSING RENT CONTROL ACT, THE ADMINISTRATIVE CODE OF THE CITY
OF NEW YORK AND ANY REGULATIONS, RULES AND POLICIES ENACTED PURSUANT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05389-04-3
A. 8446 2
THERETO. THE TENANT OR TENANTS IN POSSESSION IMMEDIATELY PRIOR TO SUCH
DEMOLITION OR SUBSTANTIAL RENOVATION SHALL HAVE THE RIGHT OF FIRST
REFUSAL FOR THE OCCUPATION OF SUCH UNITS:
(1) DEMOLITION OR SUBSTANTIAL RENOVATION CONDUCTED AFTER THE PROPERTY
OWNER FILED AN APPLICATION FOR A BUILDING PERMIT WITH THE DEPARTMENT OF
BUILDINGS FALSELY REPORTING THAT NO TENANTS OCCUPIED THE BUILDING
PROPOSED FOR DEMOLITION OR SUBSTANTIAL RENOVATION, WHEN TENANTS, IN
FACT, DID OCCUPY THE BUILDING; OR
(2) DEMOLITION OR SUBSTANTIAL RENOVATION NECESSITATED DUE TO THE
NEGLIGENCE OF THE OWNER AND/OR LANDLORD; OR
(3) DEMOLITION OR SUBSTANTIAL RENOVATION NECESSITATED BY ILLEGAL CODE
VIOLATIONS; OR
(4) DEMOLITION OR SUBSTANTIAL RENOVATION AUTHORIZED PURSUANT TO A
PROJECT AS DEFINED BY SECTION THREE OF THE URBAN DEVELOPMENT CORPORATION
ACT.
§ 2. Section 6 of section 4 of chapter 576 of the laws of 1974,
constituting the emergency tenant protection act of nineteen seventy-
four, is amended by adding a new subdivision h to read as follows:
H. NOTWITHSTANDING ANY PROVISION OF LAW, RULE OR REGULATION TO THE
CONTRARY, IF ALL OR A PORTION OF THE RENT CONTROLLED OR RENT STABILIZED
HOUSING ACCOMMODATION PROTECTED BY THE EMERGENCY TENANT PROTECTION ACT
OF NINETEEN SEVENTY-FOUR, THE EMERGENCY HOUSING RENT CONTROL LAW, THE
LOCAL EMERGENCY HOUSING RENT CONTROL ACT, THE ADMINISTRATIVE CODE OF
THE CITY OF NEW YORK AND ANY REGULATIONS, RULES AND POLICIES ENACTED
PURSUANT THERETO, IN A RESIDENTIAL BUILDING ARE RENDERED UNINHABITABLE
OR ARE VACATED DUE TO DEMOLITION AND NEW CONSTRUCTION OR TO SUBSTANTIAL
RENOVATION CONDUCTED BY OR ON BEHALF OF THE PROPERTY OWNER UNDER ANY OF
THE FOLLOWING CIRCUMSTANCES:
(1) DEMOLITION OR SUBSTANTIAL RENOVATION CONDUCTED AFTER THE PROPERTY
OWNER FILED AN APPLICATION FOR A BUILDING PERMIT WITH THE DEPARTMENT OF
BUILDINGS FALSELY REPORTING THAT NO TENANTS OCCUPIED THE BUILDING
PROPOSED FOR DEMOLITION OR SUBSTANTIAL RENOVATION, WHEN TENANTS, IN
FACT, DID OCCUPY THE BUILDING; OR
(2) DEMOLITION OR SUBSTANTIAL RENOVATION NECESSITATED DUE TO THE
NEGLIGENCE OF THE OWNER AND/OR LANDLORD; OR
(3) DEMOLITION OR SUBSTANTIAL RENOVATION NECESSITATED BY ILLEGAL CODE
VIOLATIONS; OR
(4) DEMOLITION OR SUBSTANTIAL RENOVATION AUTHORIZED PURSUANT TO A
PROJECT AS DEFINED BY SECTION THREE OF THE URBAN DEVELOPMENT CORPORATION
ACT, THE PROPERTY OWNER SHALL, UPON COMPLETION OF THE NEW CONSTRUCTION
OR RENOVATION OF THE BUILDING, DEDICATE AN EQUAL NUMBER OF UNITS, OF
SIZES EQUIVALENT TO THOSE VACATED OR RENDERED UNINHABITABLE, AT THE
RENT AMOUNT ALLOWABLE FOR THE UNITS EXISTING PRIOR TO THE DEMO-
LITION OR RENOVATION TO THE SAME STATUS THE UNIT PREVIOUSLY HELD AS
RENT CONTROLLED OR RENT STABILIZED HOUSING ACCOMMODATION PROTECTED BY
THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR, THE
EMERGENCY HOUSING RENT CONTROL LAW, THE LOCAL EMERGENCY HOUSING RENT
CONTROL ACT, THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK AND
ANY REGULATIONS, RULES AND POLICIES ENACTED PURSUANT THERETO. THE TENANT
OR TENANTS IN POSSESSION IMMEDIATELY PRIOR TO SUCH DEMOLITION OR
SUBSTANTIAL RENOVATION SHALL HAVE THE RIGHT OF FIRST REFUSAL FOR THE
OCCUPATION OF SUCH UNITS.
§ 3. Section 5 of chapter 274 of the laws of 1946, constituting the
emergency housing rent control law, is amended by adding a new subdivi-
sion 9 to read as follows:
A. 8446 3
9. NOTWITHSTANDING ANY PROVISION OF LAW, RULE OR REGULATION TO THE
CONTRARY, IF ALL OR A PORTION OF THE RENT CONTROLLED OR RENT STABILIZED
HOUSING ACCOMMODATION PROTECTED BY THE EMERGENCY TENANT PROTECTION ACT
OF NINETEEN SEVENTY-FOUR, THE EMERGENCY HOUSING RENT CONTROL LAW, THE
LOCAL EMERGENCY HOUSING RENT CONTROL ACT, THE ADMINISTRATIVE CODE OF
THE CITY OF NEW YORK AND ANY REGULATIONS, RULES AND POLICIES ENACTED
PURSUANT THERETO, IN A RESIDENTIAL BUILDING ARE RENDERED UNINHABITABLE
OR ARE VACATED DUE TO DEMOLITION AND NEW CONSTRUCTION OR TO SUBSTANTIAL
RENOVATION CONDUCTED BY OR ON BEHALF OF THE PROPERTY OWNER UNDER ANY OF
THE FOLLOWING CIRCUMSTANCES:
(A) DEMOLITION OR SUBSTANTIAL RENOVATION CONDUCTED AFTER THE PROPERTY
OWNER FILED AN APPLICATION FOR A BUILDING PERMIT WITH THE DEPARTMENT OF
BUILDINGS FALSELY REPORTING THAT NO TENANTS OCCUPIED THE BUILDING
PROPOSED FOR DEMOLITION OR SUBSTANTIAL RENOVATION, WHEN TENANTS, IN
FACT, DID OCCUPY THE BUILDING; OR
(B) DEMOLITION OR SUBSTANTIAL RENOVATION NECESSITATED DUE TO THE
NEGLIGENCE OF THE OWNER AND/OR LANDLORD; OR
(C) DEMOLITION OR SUBSTANTIAL RENOVATION NECESSITATED BY ILLEGAL CODE
VIOLATIONS; OR
(D) DEMOLITION OR SUBSTANTIAL RENOVATION AUTHORIZED PURSUANT TO A
PROJECT AS DEFINED BY SECTION THREE OF THE URBAN DEVELOPMENT CORPORATION
ACT, THE PROPERTY OWNER SHALL, UPON COMPLETION OF THE NEW CONSTRUCTION
OR RENOVATION OF THE BUILDING, DEDICATE AN EQUAL NUMBER OF UNITS, OF
SIZES EQUIVALENT TO THOSE VACATED OR RENDERED UNINHABITABLE, AT THE
RENT AMOUNT ALLOWABLE FOR THE UNITS EXISTING PRIOR TO THE DEMO-
LITION OR RENOVATION TO THE SAME STATUS THE UNIT PREVIOUSLY HELD AS
RENT CONTROLLED OR RENT STABILIZED HOUSING ACCOMMODATION PROTECTED BY
THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR, THE
EMERGENCY HOUSING RENT CONTROL LAW, THE LOCAL EMERGENCY HOUSING RENT
CONTROL ACT, THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK AND
ANY REGULATIONS, RULES AND POLICIES ENACTED PURSUANT THERETO. THE
TENANT OR TENANTS IN POSSESSION IMMEDIATELY PRIOR TO SUCH DEMOLITION OR
SUBSTANTIAL RENOVATION SHALL HAVE THE RIGHT OF FIRST REFUSAL FOR THE
OCCUPATION OF SUCH UNITS.
§ 4. This act shall take effect immediately; provided, however, that
the amendments to section 26-512 of chapter 4 of title 26 of the admin-
istrative code of the city of New York made by section one 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.