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Senate Bill S9095

2023-2024 Legislative Session

Relates to the use of certain residential dwellings by tenants who left the dwelling temporarily due to the health impacts of COVID-19

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Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

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2023-S9095 (ACTIVE) - Details

See Assembly Version of this Bill:
A10028
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Emergency Tenant Protection Act of 1974
Laws Affected:
Amd §5, Emerg Ten Prot Act of 1974
Versions Introduced in 2025-2026 Legislative Session:
A1418

2023-S9095 (ACTIVE) - Summary

Provides that a tenant who has left a residential dwelling unit between the dates of March 12, 2020 and January 1, 2022 due to the health impacts of COVID-19 in the city of New York, who is a senior citizen or disabled person, and who asserts an intent to return to the housing accommodation shall be deemed to be occupying the unit as such tenant's residence.

2023-S9095 (ACTIVE) - Sponsor Memo

2023-S9095 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9095
 
                             I N  S E N A T E
 
                              April 22, 2024
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- 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,  in  relation  to the use of certain residential dwellings by
   tenants who left the dwelling temporarily due to the health impacts of
   COVID-19

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraph 11 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 1 of part
 J of chapter 36 of the laws of 2019, is amended to read as follows:
   (11)  housing accommodations which are not occupied by the tenant, not
 including subtenants or occupants, as [his or her] SUCH TENANT'S primary
 residence, as determined by a court of competent jurisdiction.  For  the
 purposes  of  determining primary residency, a tenant who is a victim of
 domestic violence, as defined in section four  hundred  fifty-nine-a  of
 the social services law, who has left the unit because of such violence,
 and  who  asserts an intent to return to the housing accommodation shall
 be deemed to be occupying the unit as [his or her] SUCH TENANT'S primary
 residence. FOR THE PURPOSES OF DETERMINING PRIMARY RESIDENCY,  A  TENANT
 WHO HAS LEFT THE UNIT BETWEEN THE DATES OF MARCH 12, 2020 AND JANUARY 1,
 2022  DUE  TO THE HEALTH IMPACTS OF COVID-19 IN THE CITY OF NEW YORK AND
 IS A SENIOR CITIZEN OR IS A  DISABLED  PERSON  AS  DEFINED  IN  9  NYCRR
 2520.6, AND WHO ASSERTS AN INTENT TO RETURN TO THE HOUSING ACCOMMODATION
 SHALL  BE DEEMED TO BE OCCUPYING THE UNIT AS SUCH TENANT'S PRIMARY RESI-
 DENCE. For the purposes of this paragraph, where a housing accommodation
 is rented to a not-for-profit hospital for residential  use,  affiliated
 subtenants  authorized to use such accommodations by such hospital shall
 be deemed to be tenants.  For the purposes of this  paragraph,  where  a
 housing accommodation is rented to a not-for-profit for providing, as of
 and  after the effective date of the chapter of the laws of two thousand
 nineteen that amended this paragraph, permanent housing  to  individuals
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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