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.