NY State Senate Bill 2023-S7606

Current Bill Status - In Senate Committee Housing, Construction And Community Development 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
Jan 03, 2024	referred to housing, construction and community development
Jul 19, 2023	referred to rules

2023-S7606 (ACTIVE) - Details

See Assembly Version of this Bill:: A5591
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: New York City Administrative Code
Laws Affected:: Amd §26-511, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5724
2021-2022: S6827, A8106

2023-S7606 (ACTIVE) - Summary

Prohibits the owner of a building from declining to renew a lease to a tenant whose lease term started prior to the owner's purchase of the building on the grounds of occupancy by the owner or an immediate family member.

2023-S7606 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7606

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the administrative code of the city of New York, in
relation to prohibiting the owner of a building from declining to renew
a lease to a tenant whose lease term started prior to the owner's
purchase of the building on the grounds of occupancy by the owner or an
immediate family member

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide protection against property owners from non-renewal of leases
for tenants whose tenancy pre-dated the owner's acquisition of the
building on the grounds of occupancy by the owner or an immediate family
member.

 
SUMMARY OF PROVISIONS:

Section 1 amends subp. (b) of paragraph 9 of subd. C of section 26-511
of the administrative code of the city of New York, as amended by

section 14 of Part Q of the laws of 2019, by adding a provision prohib-
iting a property owner from seeking to non-renew a tenancy on the
grounds of immediate occupancy by the owner or an immediate family
member if the tenant's initial tenancy commenced before the, owner
acquired the building.

Section 2 sets an effective date.

 
JUSTIFICATION:

This bill protects rent-stabilized tenants whose tenancies commenced
prior to the date an owner acquired the building from eviction based on
the new owner seeking to use the premises as his or her primary resi-
dence. The purpose is to protect long-term tenants from displacement.

 
PRIOR LEGISLATIVE HISTORY:

2019-20 - Senate - S 5724 - referred to Housing, Construction, and
Community Development

2021-22 - Senate - S 6827 - referred to Housing, Construction, and
Community Development

2021-22 -Assembly - A 8106 - referred to Housing

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:.
This act shall go into effect immediately, provided that this act does
not affect the expiration of section 26-511 of chapter 4 of title 26 of
the administrative code of the city of New York as established under
section 26-520 of such law.

2023-S7606 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7606
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               July 19, 2023
                                ___________
 
 Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the administrative code of the  city  of  New  York,  in
   relation  to  prohibiting  the  owner  of a building from declining to
   renew a lease to a tenant  whose  lease  term  started  prior  to  the
   owner's  purchase  of  the building on the grounds of occupancy by the
   owner or an immediate family member
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (b) of paragraph 9 of subdivision c of section
 26-511 of the administrative code of the city of New York, as amended by
 section  14  of  part Q of chapter 39 of the laws of 2019, is amended to
 read as follows:
   (b) where he or she seeks to recover possession of one  dwelling  unit
 because  of  immediate  and  compelling  necessity  for  his  or her own
 personal use and occupancy as his or her primary residence  or  for  the
 use  and  occupancy of a member of his or her immediate family as his or
 her primary residence, provided however, that  this  subparagraph  shall
 permit  recovery of only one dwelling unit and shall not apply where THE
 TENANT'S INITIAL TENANCY, OR THE INITIAL TENANCY OF ANY FAMILY MEMBER OF
 THE TENANT TO WHICH THE TENANT SUCCEEDED,  COMMENCED  BEFORE  THE  OWNER
 ACQUIRED  THE BUILDING CONTAINING SUCH DWELLING UNITS. FURTHERMORE, THIS
 SUBPARAGRAPH SHALL NOT APPLY WHERE a tenant or the spouse  of  a  tenant
 lawfully occupying the dwelling unit is sixty-two years of age or older,
 has  been a tenant in a dwelling unit in that building for fifteen years
 or more, or has an impairment which results from anatomical,  physiolog-
 ical  or  psychological  conditions,  other  than  addiction to alcohol,
 gambling,  or  any  controlled  substance,  which  are  demonstrable  by
 medically  acceptable clinical and laboratory diagnostic techniques, and
 which are expected to be permanent and which  prevent  the  tenant  from
 engaging in any substantial gainful employment, unless such owner offers
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04865-01-3

 S. 7606                             2
 
 to  provide and if requested, provides an equivalent or superior housing
 accommodation at the same or lower stabilized rent in a  closely  proxi-
 mate  area. The provisions of this subparagraph shall only permit one of
 the  individual  owners  of  any  building  to recover possession of one
 dwelling unit for his or her own personal use and/or for that of his  or
 her  immediate family. A dwelling unit recovered by an owner pursuant to
 this subparagraph shall not for a  period  of  three  years  be  rented,
 leased,  subleased  or  assigned  to  any person other than a person for
 whose benefit recovery of the dwelling unit  is  permitted  pursuant  to
 this  subparagraph or to the tenant in occupancy at the time of recovery
 under the same terms as the original lease; provided,  however,  that  a
 tenant  required  to  surrender  a dwelling unit under this subparagraph
 shall have a cause of action in any court of competent jurisdiction  for
 damages,  declaratory,  and  injunctive  relief  against  a  landlord or
 purchaser of the premises who makes a fraudulent statement  regarding  a
 proposed  use  of the housing accommodation. In any action or proceeding
 brought pursuant to this subparagraph a prevailing tenant shall be enti-
 tled to recovery of actual damages, and reasonable attorneys' fees. This
 subparagraph shall not be deemed to establish  or  eliminate  any  claim
 that  the  former tenant of the dwelling unit may otherwise have against
 the owner. Any such rental, lease, sublease or  assignment  during  such
 period  to  any other person may be subject to a penalty of a forfeiture
 of the right to any increases in residential rents in such building  for
 a period of three years; or
   §  2. This act shall take effect immediately; provided that the amend-
 ments to section 26-511 of chapter 4 of title 26 of  the  administrative
 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 S7606

Sponsored By

Current Bill Status - In Senate Committee Housing, Construction And Community Development Committee

2023-S7606 (ACTIVE) - Details

2023-S7606 (ACTIVE) - Summary

2023-S7606 (ACTIVE) - Sponsor Memo

2023-S7606 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7606

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Sponsored By

Julia Salazar

Current Bill Status - In Senate Committee Housing, Construction And Community Development Committee

2023-S7606 (ACTIVE) - Details

2023-S7606 (ACTIVE) - Summary

2023-S7606 (ACTIVE) - Sponsor Memo

2023-S7606 (ACTIVE) - Bill Text download pdf

Comments