Senate Bill S3388

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3388
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced  by Sens. KRUEGER, HOYLMAN-SIGAL, LIU, RAMOS, RIVERA, 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 emergency tenant protection act of  nineteen  seven-
   ty-four  and  the  administrative  code  of  the  city of New York, in
   relation to certain housing accommodations by tenants  over  sixty-two
   years of age or tenants with a disability
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 6 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, as amended  by  section  17  of
 part Q of chapter 39 of the laws of 2019, is amended to read as follows:
   (6)  housing  accommodations owned or operated by a hospital, convent,
 monastery, asylum, public institution, or college or school dormitory or
 any institution  operated  exclusively  for  charitable  or  educational
 purposes on a non-profit basis other than (i) those accommodations occu-
 pied  by  a tenant on the date such housing accommodation is acquired by
 any such institution, or which are occupied subsequently by a tenant who
 is not affiliated with such institution at the time of his initial occu-
 pancy  or  (ii)  permanent  housing   accommodations   with   government
 contracted services, as of and after June fourteenth, two thousand nine-
 teen, to vulnerable individuals or individuals with disabilities who are
 or  were  homeless or at risk of homelessness, OR (III) HOUSING ACCOMMO-
 DATIONS OCCUPIED BY A NON-AFFILIATED TENANT WHO IS  SIXTY-TWO  YEARS  OF
 AGE OR OLDER OR BY A NON-AFFILIATED TENANT WHO SUFFERS FROM A DISABILITY
 AS  DEFINED  IN SUBDIVISION TWENTY-ONE OF SECTION TWO HUNDRED NINETY-TWO
 OF THE EXECUTIVE LAW; provided, however, that the  terms  of  leases  in
 existence  as  of  June fourteenth, two thousand nineteen, shall only be
 affected upon lease renewal, and further provided that upon the  vacancy
 of  such housing accommodations, the legal regulated rent for such hous-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05496-01-3
              

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 ing accommodations shall be the legal regulated rent paid for such hous-
 ing accommodations by the prior tenant, subject only to  any  adjustment
 adopted by the applicable rent guidelines board;
   §  2. Paragraph 10 of subdivision a of section 5 of section 4 of chap-
 ter  576  of  the  laws  of  1974,  constituting  the  emergency  tenant
 protection  act  of  nineteen  seventy-four, as amended by section 17 of
 part Q of chapter 39 of the laws of 2019, is amended to read as follows:
   (10) housing accommodations  in  buildings  operated  exclusively  for
 charitable  purposes  on a non-profit basis except for permanent housing
 accommodations with government contracted services, as of and after  the
 effective  date  of [the] SECTION SEVENTEEN OF PART Q OF chapter THIRTY-
 NINE 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, OR HOUSING ACCOMMODATIONS
 OCCUPIED BY A TENANT WHO IS SIXTY-TWO YEARS OF AGE  OR  OLDER  OR  BY  A
 NON-AFFILIATED TENANT WHO SUFFERS FROM A DISABILITY AS DEFINED IN SUBDI-
 VISION  TWENTY-ONE  OF  SECTION  TWO HUNDRED NINETY-TWO OF THE EXECUTIVE
 LAW, AND; 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  accommo-
 dations,  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;
   § 3. Subparagraph (b) of paragraph  2  of  subdivision  e  of  section
 26-403  of the administrative code of the city of New York is amended to
 read as follows:
   (b) a hospital, convent, monastery,  asylum,  public  institution,  or
 college  or school dormitory or any institution operated exclusively for
 charitable or educational purposes on a non-profit  basis,  UNLESS  SUCH
 HOUSING  ACCOMMODATIONS  ARE  OCCUPIED BY A NON-AFFILIATED TENANT WHO IS
 SIXTY-TWO YEARS OF AGE OR  OLDER  OR  BY  A  NON-AFFILIATED  TENANT  WHO
 SUFFERS  FROM  A  DISABILITY  AS  DEFINED  IN  SUBDIVISION TWENTY-ONE OF
 SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW; or
   § 4. Subparagraph (g) of paragraph  2  of  subdivision  e  of  section
 26-403  of the administrative code of the city of New York is amended to
 read as follows:
   (g) Housing accommodations in buildings operated exclusively for char-
 itable purposes on a non-profit  basis,  UNLESS  SUCH  HOUSING  ACCOMMO-
 DATIONS  ARE OCCUPIED BY A TENANT WHO IS SIXTY-TWO YEARS OF AGE OR OLDER
 OR A TENANT WHO SUFFERS FROM A  DISABILITY  AS  DEFINED  IN  SUBDIVISION
 TWENTY-ONE OF SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW; or
   §  5. The opening paragraph of subparagraph c of paragraph 9 of subdi-
 vision c of section 26-511 of the administrative code of the city of New
 York is amended to read as follows:
   where the housing accommodation  is  owned  by  a  hospital,  convent,
 monastery,  asylum, public institution, college, school dormitory or any
 institution operated exclusively for charitable or educational  purposes
 on  a non-profit basis, UNLESS SUCH HOUSING ACCOMMODATION IS OCCUPIED BY
 A TENANT WHO IS SIXTY-TWO YEARS OF AGE OR OLDER OR A TENANT WHO  SUFFERS
 FROM  A  DISABILITY  AS DEFINED IN SUBDIVISION TWENTY-ONE OF SECTION TWO
 HUNDRED NINETY-TWO OF THE EXECUTIVE LAW, and either:
   § 6. Severability. If any provision of this act, or any application of
 any provision of this act, is held to be invalid, that shall not  affect
 the  validity  or  effectiveness of any other provision of this act, any
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 other application of any provision of this act, or any  other  provision
 of any law or code amended by this act.
   §  7.  This  act  shall take effect on the sixtieth day after it shall
 have become a law; provided that:
   (a) the amendments to section 26-403 of the city  rent  and  rehabili-
 tation  law  made by sections three and four of this act shall remain in
 full force and effect only as long as the public emergency requiring the
 regulation and control of residential rents and evictions continues,  as
 provided  in  subdivision  3 of section 1 of the local emergency housing
 rent control act; and
   (b) the amendments to subparagraph c of paragraph 9 of  subdivision  c
 of section 26-511 of chapter 4 of title 26 of the administrative code of
 the  city  of  New York made by section five 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.