NY State Senate Bill 2023-S1944A

Senate Bill S1944A

2023-2024 Legislative Session

Requires property owners to dedicate certain residential units to rent regulated status following demolition and new construction or substantial renovation

download bill text pdf

Current Bill Status - In Senate Committee Cities 1 Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 12, 2024	reported and committed to cities 1
Jan 03, 2024	referred to housing, construction and community development
May 22, 2023	reported and committed to finance
May 16, 2023	print number 1944a
May 16, 2023	amend (t) and recommit to housing, construction and community development
Jan 17, 2023	referred to housing, construction and community development

Votes

- Feb 12, 2024 - Housing, Construction And Community Development Committee Vote
  S1944A
  
  8
  
  Aye
  
  3
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Housing, Construction And Community Development Committee Vote: Feb 12, 2024
      
      aye (8)
      
      Brisport
      
      Cleare
      
      Jackson
      
      Kavanagh
      
      May
      
      Myrie
      
      Rivera
      
      Salazar
      
      nay (3)
      
      Borrello
      
      Helming
      
      Martins
  May 22, 2023 - Housing, Construction And Community Development Committee Vote
  S1944A
  
  8
  
  Aye
  
  2
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Housing, Construction And Community Development Committee Vote: May 22, 2023
      
      aye (8)
      
      Brisport
      
      Cleare
      
      Jackson
      
      Kavanagh
      
      May
      
      Myrie
      
      Rivera
      
      Salazar
      
      nay (2)
      
      Borrello
      
      Martins
      
      aye wr (1)
      
      Helming

Bill Amendments

Original

A (Active)

co-Sponsors

2023-S1944 - Details

See Assembly Version of this Bill:: A8446
Current Committee:: Senate Cities 1
Law Section:: New York City Administrative Code
Laws Affected:: Amd §26-512, NYC Ad Cd; amd §6, Emerg Ten Prot Act of 1974; amd §5, Emerg Hous Rent Cont L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8574
2019-2020: S2252
2021-2022: S367

2023-S1944 - Summary

Requires property owners to dedicate certain residential units to rent regulated status following demolition and new construction or substantial renovation.

2023-S1944 - Sponsor Memo

                                 
BILL NUMBER: S1944

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

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 rent regulated status following
demolition and new construction or substantial renovation

 
PURPOSE OF BILL:

This bill removes one of the main tools in the corrupt landlord's tool-
box by requiring that if a landlord renders rent regulated units uninha-
bitable by way of construction, and meets certain criterion, then the
landlord must rededicate an equal number of units of equal size to rent
regulation status. Thus eliminating any incentive for a landlord to even
attempt to evict tenants by means of aggressive and unbearable
construction.

 
SUMMARY OF PROVISIONS:

Section 1 amends Section 26-512 of the administrative code of the city
of New York by adding a subdivision g that provides if a property holder
practices demolition or extensive regulation that leads all or a portion
of rent regulated tenants to vacate then the property holder must dedi-
cate another unit of equal size to rent regulation status if one of the
following conditions is present: (1) the renovation was conducted after
the owner filed a building permit falsely reporting there were no
tenants in the building, (2) negligence of the property owner lead to
the demolition or renovation, or (3) illegal code violations necessi-
tated the demolition or renovation.

Section 2 amends Section 6 of section 4 of chapter 576 of the laws of
1974 constituting the emergency tenant protection act by adding a new
subdivision h that provides if a property holder practices demolition or
extensive regulation that leads all or a portion of rent regulated
tenants to vacate then the property holder must dedicate another unit of
equal size to rent regulation status if one of the following conditions
is present: (1) the renovation was conducted after the owner filed a
building permit falsely reporting there were no tenants in the building,
(2) negligence of the property owner lead to the demolition or reno-
vation, or (3) illegal code violations necessitated the demolition or
renovation.

Section 3 amends Section 5 of chapter 274 of the laws of 1946 constitu-
tion the emergency housing rent control law by adding a new subdivision
10 that provides if a property holder practices demolition or extensive
regulation that leads all or a portion of rent regulated tenants to
vacate then the property holder must dedicate another unit of equal size
to rent regulation status if one of the following conditions is present:
(1) the renovation was conducted after the owner filed a building permit
falsely reporting there were no tenants in the building, (2) negligence
of the property owner lead to the demolition or renovation, or (3) ille-
gal code violations necessitated the demolition or renovation.

Section 4 establishes when this law shall take effect.

 
JUSTIFICATION:

Unscrupulous landlords try to turn a profit on properties by displacing
rent-regulated tenants through the use of major construction as a
harassment technique and subsequently raising rent prices. These tenants
tend to be disproportionately of very low to moderate income. It was
revealed that White House senior advisor Jared Kushner's real estate
company pushed vulnerable tenants out of buildings by utilizing late
night construction, sawdust, and rat infestations between 2013 and 2016
in order to turn rent regulated units into ones that could be sold for
market value.

Sadly, this is a widespread practice that severely limits the ever-di-
minishing amount of affordable housing in. New York. For far too many
New Yorkers there are tales of lead dust in the air, incessant jackham-
mering, loss of power and heat and gas shutoffs in the winter that
undermine quality of life to such a degree that tenants feel they have
no option but to leave apartments they have long called home.

Under this bill whenever a rent-regulated apartment is rendered uninha-
bitable in the manner described, the landlord must supply another rent-
regulated unit. Thus removing any ability to turn a profit through such
means and therefore stopping tenants from living in adverse conditions
and protecting communities from unethical, abusive landlords.

 
LEGISLATIVE HISTORY:

S.367-A of 2021-2022 (Hoylman): Died in Housing, Construction and Commu-
nity Development

S.2252 of 2019-2020 (Hoylman): Died in Housing, Construction and Commu-
nity Development

S.8574 of 2018 (Hoylman): Died in Housing, Construction and Community
Development

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that: a.  the
amendments to section 26-512 of chapter 4 of title 26 of the administra-
tive 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; b.
the amendments to section 6 of section 4 of the emergency tenant
protection act of nineteen seventy-four made by section two of this act
shall expire on the same date as such act expires and shall not affect
the expiration of such act as provided in section 17 of chapter 576 of
the laws of 1974; and c. the amendments to section 4 of the emergency
housing rent control law made by section three of this act shall expire
on the same date as such law expires and shall not affect the expiration
of such law as provided in subdivision 2 of section 1 of chapter 274 of
the laws of 1946.

2023-S1944 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1944
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2023
                                ___________
 
 Introduced  by  Sens. HOYLMAN-SIGAL, BAILEY, KRUEGER, SEPULVEDA, SERRANO
   -- 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 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 rent regulated  status
   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 REGULATED UNITS IN A  RESIDEN-
 TIAL  BUILDING  ARE RENDERED UNINHABITABLE OR ARE VACATED DUE TO DEMOLI-
 TION AND NEW CONSTRUCTION OR TO SUBSTANTIAL RENOVATION CONDUCTED  BY  OR
 ON  BEHALF  OF  THE  PROPERTY  OWNER  UNDER ANY OF THE FOLLOWING CIRCUM-
 STANCES,  THE  PROPERTY  OWNER  SHALL,  UPON  COMPLETION  OF   THE   NEW
 CONSTRUCTION  OR  RENOVATION OF THE BUILDING, DEDICATE TO RENT REGULATED
 STATUS 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,  AND THE TENANT OR
 TENANTS IN POSSESSION IMMEDIATELY PRIOR TO SUCH DEMOLITION  OR  SUBSTAN-
 TIAL 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05389-01-3
 S. 1944                             2

 
   (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 REGULATED UNITS IN A  RESIDEN-
 TIAL  BUILDING  ARE RENDERED UNINHABITABLE OR ARE VACATED DUE TO DEMOLI-
 TION AND NEW CONSTRUCTION OR TO SUBSTANTIAL RENOVATION CONDUCTED  BY  OR
 ON  BEHALF  OF  THE  PROPERTY  OWNER  UNDER ANY OF THE FOLLOWING CIRCUM-
 STANCES,  THE  PROPERTY  OWNER  SHALL,  UPON  COMPLETION  OF   THE   NEW
 CONSTRUCTION  OR  RENOVATION OF THE BUILDING, DEDICATE TO RENT REGULATED
 STATUS 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,  AND THE TENANT OR
 TENANTS IN POSSESSION IMMEDIATELY PRIOR TO SUCH DEMOLITION  OR  SUBSTAN-
 TIAL 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.
   § 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:
   9. NOTWITHSTANDING ANY PROVISION OF LAW, RULE  OR  REGULATION  TO  THE
 CONTRARY,  IF ALL OR A PORTION OF THE RENT REGULATED UNITS IN A RESIDEN-
 TIAL BUILDING ARE RENDERED UNINHABITABLE OR ARE VACATED DUE  TO  DEMOLI-
 TION  AND  NEW CONSTRUCTION OR TO SUBSTANTIAL RENOVATION CONDUCTED BY OR
 ON BEHALF OF THE PROPERTY OWNER  UNDER  ANY  OF  THE  FOLLOWING  CIRCUM-
 STANCES,   THE   PROPERTY  OWNER  SHALL,  UPON  COMPLETION  OF  THE  NEW
 CONSTRUCTION OR RENOVATION OF THE BUILDING, DEDICATE TO  RENT  REGULATED
 STATUS 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,  AND  THE  TENANT  OR
 TENANTS  IN  POSSESSION IMMEDIATELY PRIOR TO SUCH DEMOLITION OR SUBSTAN-
 TIAL RENOVATION SHALL HAVE THE RIGHT OF FIRST REFUSAL FOR THE OCCUPATION
 OF SUCH UNITS:
   (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
 S. 1944                             3
 
   (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.
   §  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.

co-Sponsors

View additional co-sponsors

2023-S1944A (ACTIVE) - Details

See Assembly Version of this Bill:: A8446
Current Committee:: Senate Cities 1
Law Section:: New York City Administrative Code
Laws Affected:: Amd §26-512, NYC Ad Cd; amd §6, Emerg Ten Prot Act of 1974; amd §5, Emerg Hous Rent Cont L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8574
2019-2020: S2252
2021-2022: S367

2023-S1944A (ACTIVE) - Summary

Requires property owners to dedicate certain residential units to rent regulated status following demolition and new construction or substantial renovation.

2023-S1944A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1944A

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

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

 
PURPOSE OF BILL:

To require that if a landlord renders certain units uninhabitable by way
of construction, and meets certain criteria, then the landlord must
rededicate an equal number of units of equivalent size to the same
status the unit previously held at the rent amount allowable for that
status

 
SUMMARY OF PROVISIONS:

Section 1 amends Section 26-512 of the administrative code of the city
of New York by adding a subdivision h that provides if a property holder
practices demolition or extensive regulation that renders uninhabitable
a rent controlled or rent stabilized housing accommodation protected by
the emergency tenant protection act of nineteen seventy-four, the emer-
gency housing rent control law, the local emergency housing rent control
act, the administrative code of the city of New York, or any regu-
lations, rules, and policies enacted pursuant thereto, the property
holder must dedicate another unit of equivalent size to the same status
the unit previously held if some conditions are present.

Section 2 amends Section 6 of section 4 of chapter 576 of the laws of
1974 constituting the emergency tenant protection act by adding a new
subdivision h that provides if a property holder practices demolition or
extensive regulation that renders uninhabitable a 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 adminis-
trative code of the city of New York, or any regulations, rules, and
policies enacted pursuant thereto, then the property holder must dedi-
cate another unit of equivalent size to the same status the unit previ-
ously held if some conditions are present.

Section 3 amends Section 5 of chapter 274 of the laws of 1946 constitut-
ing the emergency housing rent control law by adding a new subdivision 9
that provides if a property holder practices demolition or extensive
regulation that renders uninhabitable a rent controlled or rent stabi-
lized 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, or any regulations, rules, and policies enacted
pursuant thereto, then the property holder must dedicate another unit of
equivalent size to the same status the unit previously held if some
conditions are present.

Section 4 establishes that this law shall take effect immediately.

 
JUSTIFICATION:

Unscrupulous landlords try to turn a profit on properties by displacing
rent-regulated tenants through the use of major construction as a
harassment technique and subsequently raising rent prices. These tenants
tend to be disproportionately of very low to moderate income. It was
revealed that former White House senior advisor Jared Kushner's real
estate company pushed vulnerable tenants out of buildings by utilizing
late night construction, sawdust, and rat infestations between 2013 and
2016 in order to turn rent regulated units into ones that could be sold
for market value.

Sadly, this is a widespread practice that severely limits the ever-di-
minishing amount of affordable housing in New York. For far too many New
Yorkers there are tales of lead dust in the air, incessant jackhammer-
ing, loss of power and heat and gas shutoffs in the winter that under-
mine quality of life to such a degree that tenants feel they have no
option but to leave apartments they have long called home.

Under this bill, whenever a rent-regulated apartment is rendered uninha-
bitable in the manner described, the landlord must supply another rent-
regulated unit, thereby removing any ability to turn a profit through
such practices and therefore stopping tenants from living in adverse
conditions and protecting communities from unethical, abusive landlords.

 
LEGISLATIVE HISTORY:

S.367-A of 2021-2022 (Hoylman): Died in Housing, Construction and Commu-
nity Development

S.2252 of 2019-2020 (Hoylman): Died in Housing, Construction and Commu-
nity Development

S.8574 of 2018 (Hoylman): Died in Housing, Construction and Community
Development

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that: a.  the
amendments to section 26-512 of chapter 4 of title 26 of the administra-
tive 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.

2023-S1944A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1944--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2023
                                ___________
 
 Introduced  by  Sens. HOYLMAN-SIGAL, BAILEY, KRUEGER, SEPULVEDA, SERRANO
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Housing, Construction and  Community  Development  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee

 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05389-03-3

 S. 1944--A                          2
 
 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
 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.
 S. 1944--A                          3
 
   §  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:
   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.

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Senate Bill S1944A

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Current Bill Status - In Senate Committee Cities 1 Committee

Bill Amendments

co-Sponsors

2023-S1944 - Details

2023-S1944 - Summary

2023-S1944 - Sponsor Memo

2023-S1944 - Bill Text download pdf

co-Sponsors

2023-S1944A (ACTIVE) - Details

2023-S1944A (ACTIVE) - Summary

2023-S1944A (ACTIVE) - Sponsor Memo

2023-S1944A (ACTIVE) - Bill Text download pdf

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