NY State Senate Bill 2023-S9357

Senate Bill S9357

2023-2024 Legislative Session

Expands definition of eligible senior citizen and disabled person with respect to condominium and cooperative conversion

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 13, 2024	referred to housing, construction and community development

2023-S9357 (ACTIVE) - Details

See Assembly Version of this Bill:: A1954
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: General Business Law
Laws Affected:: Amd §§352-e, 352-eee & 352-eeee, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A5684
2011-2012: A4450
2013-2014: A5594
2015-2016: A3737
2017-2018: A8162
2019-2020: A3411
2021-2022: A7017

2023-S9357 (ACTIVE) - Summary

Expands definition of eligible senior citizen and disabled person to include any member of the tenant's household lawfully occupying the premises as such person's residence who is 62 years of age with respect to condominium and cooperative conversion to provide protection to disabled and senior citizen non-purchasing residents of buildings that undergo cooperative or condominium conversions under an eviction plan even where such residents are not tenants of record in the buildings.

2023-S9357 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9357

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the general business law, in relation to senior citizens
and disabled persons

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would provide additional protection to disabled and senior
citizen non-purchasing residents of buildings that undergo cooperative
or condominium conversions under an eviction plan even where such resi-
dents are not tenants of record in the building.

 
SUMMARY OF SPECIFIC PROVISIONS:

This bill would-amend GBL 352-e, 352-eee, and 352-eeee to extend to
senior citizens and disabled persons who are lawful residents of the
apartment where the tenant resides the same protections against eviction
that are currently accorded in some areas of the state to those senior
citizens and disabled persons who are non-purchasing tenants in eviction

conversion plans, and amends the definition of "disabled" to be consist-
ent with other statutes.

 
JUSTIFICATION:

In order to protect vulnerable senior citizens and disabled persons who
do not purchase shares in an eviction-plan cooperative conversion, the
Legislature enacted General Business Law 352-e(2-a), 352-eee and
352-eeee, which grant such tenants permanent protection from eviction.
These provisions apply only in New York City, in some towns and cities
in Westchester, Rockland and Nassau Counties, and those upstate communi-
ties where the governing body votes to adopt such coverage.

Unfortunately, disabled persons or senior citizens who lawfully live
with the tenant, and who may care or be cared for by the tenant, are not
covered by the exemption, although they are unlikely to be able to
purchase shares and also face special burdens in finding alternative
housing.

In BELMONT EAST CO. V. ABRAMS, 473 NYS2:i 676 (Sup. Ct. N.Y. Co.  1984),
the court held that a tenant who lived with her blind 76-year old mother
was not entitled to protection from eviction because the named tenant
was not disabled. In accordance with that decision, the Attorney General
was recently required to deny a tenant's election not to purchase where
the tenant's severely disabled daughter resided with her, because the
daughter was not the tenant of record.

By expanding the definitions of "elderly" and "disabled" persons to
include residents of the apartment who lawfully reside with the named
tenant, this bill simply extends existing law to those most deserving of
protection from eviction.

This bill also changes the definition of disabled. Rather than requiring
that the disabled person be unable to work, under this bill the term
"disabled" would include anyone whose disability substantially limits
one or more of his or her major life activities.This change reflects
other statutory provisions in both New York and Federal Law that recog-
nize that while some disabled persons can work, they still may be so
impaired that they are disabled and entitled to additional protections.
See, e.g., the New York Human Rights Law, (Exec. Law 292), the Rehabili-
tation
 Act of 1974, 29 U.S.C. section 706, and the Fair Housing Amendments Act
of 1988, (P.L. 100-430).

 
PRIOR LEGISLATIVE HISTORY:

A similar bill was first introduced in the Assembly in 1987. This bill
was new in 1989. Passed the Assembly in 1990 (A6985-A). In 1995-1996,
the bill was introduced as A.6056. It has been passed each year by the
Assembly

2021-22: A07017; referred to housing

2019-20: A3411; referred to housing

2017-18: A8162; referred to housing

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2023-S9357 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9357
 
                             I N  S E N A T E
 
                               May 13, 2024
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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 general business law, in relation to senior citizens
   and disabled persons
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1.  Subparagraphs (iii) and (iv) of paragraph (a) of  subdivi-
 sion 2-a of section 352-e of the general business law, as added by chap-
 ter 771 of the laws of 1983, are amended to read as follows:
   (iii)  "Eligible  senior  citizens".  Non-purchasing  tenants  who are
 sixty-two years of age or older on the date  the  attorney  general  has
 accepted  the  plan  for  filing, and the spouses of any such tenants on
 such date, [and who have elected] OR ANY MEMBER OF THE  TENANT'S  HOUSE-
 HOLD,  LAWFULLY OCCUPYING THE PREMISES AS SUCH PERSON'S RESIDENCE WHO IS
 SIXTY-TWO YEARS OF AGE OR OLDER ON SUCH DATE, PROVIDED, IN THE CASE OF A
 TENANT'S HOUSEHOLD MEMBER, THAT SUCH PERSON HAS  LIVED  IN  THE  HOUSING
 ACCOMMODATION  AS  SUCH  PERSON'S RESIDENCE FOR A PERIOD OF NO LESS THAN
 ONE YEAR PRECEDING SUCH DATE. THE TENANT MUST ELECT, within  sixty  days
 of  the  date  the attorney general has accepted the plan for filing, on
 forms promulgated by the attorney general and presented to such  tenants
 by the offeror, to become non-purchasing tenants under the provisions of
 this  subdivision;  provided  that  such election shall not preclude any
 such tenant from subsequently purchasing the dwelling unit on the  terms
 then offered to tenants in occupancy.
   (iv)  "Eligible  disabled persons". Non-purchasing tenants who have an
 impairment which results from anatomical, physiological 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] SUBSTANTIALLY LIMIT ONE OR MORE MAJOR LIFE ACTIVITIES on the
 date the attorney general has accepted the  plan  for  filing,  and  the
 spouses  of any such tenants on such date, [and who have elected] OR ANY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03387-03-4
 S. 9357                             2
 
 MEMBER OF THE TENANT'S HOUSEHOLD, LAWFULLY  OCCUPYING  THE  PREMISES  AS
 SUCH  PERSON'S  RESIDENCE,  WHO  HAS  SUCH  AN  IMPAIRMENT ON SUCH DATE,
 PROVIDED, IN THE CASE OF THE TENANT'S HOUSEHOLD MEMBER, THAT SUCH PERSON
 HAS  LIVED IN THE HOUSING ACCOMMODATION AS SUCH PERSON'S RESIDENCE FOR A
 PERIOD OF NO LESS THAN ONE YEAR PRECEDING SUCH  DATE.  THE  TENANT  MUST
 ELECT,  within  sixty days of the date the attorney general has accepted
 the plan for filing, on forms promulgated by the  attorney  general  and
 presented  to  such  tenants  by  the  offeror, to become non-purchasing
 tenants under the provisions of  this  subdivision;  provided,  however,
 that  if  the  disability  first occurs after acceptance of the plan for
 filing, then such election may be made within sixty days  following  the
 onset  of  such  disability unless during the period subsequent to sixty
 days following the acceptance of the plan for filing but prior  to  such
 election, the offeror accepts a written agreement to purchase the apart-
 ment from a bona fide purchaser; and provided further that such election
 shall  not  preclude  any  such  tenant from subsequently purchasing the
 dwelling unit or the shares allocated thereto on the terms then  offered
 to tenants in occupancy.
   § 2. Paragraphs (f) and (g) of subdivision 1 of section 352-eee of the
 general  business  law, as added by chapter 402 of the laws of 1983, are
 amended to read as follows:
   (f) "Eligible senior citizens". Non-purchasing tenants who are  sixty-
 two years of age or older on the date the plan is declared effective and
 the  spouses  of  any  such tenants on such date; [provided that] OR ANY
 MEMBER OF THE TENANT'S HOUSEHOLD, LAWFULLY  OCCUPYING  THE  PREMISES  AS
 SUCH  PERSON'S  RESIDENCE WHO IS SIXTY-TWO YEARS OF AGE OR OLDER ON SUCH
 DATE, PROVIDED, IN THE CASE OF A TENANT'S HOUSEHOLD  MEMBER,  THAT  SUCH
 PERSON HAS LIVED IN THE HOUSING ACCOMMODATION AS SUCH PERSON'S RESIDENCE
 FOR  A  PERIOD  OF NO LESS THAN ONE YEAR PRECEDING SUCH DATE such tenant
 shall not be precluded from subsequently purchasing the dwelling unit on
 the terms then offered to tenants in occupancy.
   (g) "Eligible disabled persons". Non-purchasing tenants  who  have  an
 impairment which results from anatomical, physiological 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] SUBSTANTIALLY LIMIT ONE OR MORE MAJOR LIFE ACTIVITIES on the
 date  the  attorney  general  has  accepted the plan for filing, and the
 spouses of any such tenants on such date, [and who have elected] OR  ANY
 MEMBER  OF  THE  TENANT'S  HOUSEHOLD, LAWFULLY OCCUPYING THE PREMISES AS
 SUCH PERSON'S RESIDENCE  WHO  HAS  SUCH  AN  IMPAIRMENT  ON  SUCH  DATE,
 PROVIDED, IN THE CASE OF THE TENANT'S HOUSEHOLD MEMBER, THAT SUCH PERSON
 HAS  LIVED IN THE HOUSING ACCOMMODATION AS SUCH PERSON'S RESIDENCE FOR A
 PERIOD OF NO LESS THAN ONE YEAR PRECEDING SUCH  DATE.  THE  TENANT  MUST
 ELECT,  within  sixty days of the date the attorney general has accepted
 the plan for filing, on forms promulgated by the  attorney  general  and
 presented  to  such  tenants  by  the  offeror, to become non-purchasing
 tenants under the provisions of this section; provided, however, that if
 the disability first occurs after acceptance of  the  plan  for  filing,
 then  such election may be made within sixty days following the onset of
 such disability unless  during  the  period  subsequent  to  sixty  days
 following  the  acceptance  of  the  plan  for  filing but prior to such
 election, the offeror accepts a written agreement to purchase the apart-
 ment from a bona fide purchaser; and provided further that such election
 shall not preclude any such  tenant  from  subsequently  purchasing  the
 S. 9357                             3
 
 dwelling  unit or the shares allocated thereto on the terms then offered
 to tenants in occupancy.
   §  3.  Paragraphs  (f) and (g) of subdivision 1 of section 352-eeee of
 the general business law, as amended by section 1 of part N  of  chapter
 36 of the laws of 2019, are amended to read as follows:
   (f)  "Eligible senior citizens". Non-purchasing tenants who are sixty-
 two years of age or older on the date  the  plan  is  submitted  to  the
 department  of  law or on the date the attorney general has accepted the
 plan for filing, and the spouses of any such tenants on such date,  [and
 who  have  elected]  OR  ANY  MEMBER OF THE TENANT'S HOUSEHOLD, LAWFULLY
 OCCUPYING THE PREMISES AS SUCH PERSON'S RESIDENCE WHO IS SIXTY-TWO YEARS
 OF AGE OR OLDER ON SUCH DATE, PROVIDED, IN THE CASE OF A TENANT'S HOUSE-
 HOLD MEMBER, THAT SUCH PERSON HAS LIVED IN THE HOUSING ACCOMMODATION  AS
 SUCH  PERSON'S RESIDENCE FOR A PERIOD OF NO LESS THAN ONE YEAR PRECEDING
 SUCH DATE. THE TENANT MUST ELECT, within sixty days of the date the plan
 is submitted to the department of law or on the date the attorney gener-
 al has accepted the plan for filing, on forms promulgated by the  attor-
 ney  general  and  presented  to  such tenants by the offeror, to become
 non-purchasing tenants under the provisions of  this  section;  provided
 that  such election shall not preclude any such tenant from subsequently
 purchasing the dwelling unit on the terms then  offered  to  tenants  in
 occupancy.
   (g)  "Eligible  disabled  persons". Non-purchasing tenants who have an
 impairment which results from anatomical, physiological 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] ARE EXPECTED TO BE PERMANENT AND WHICH  SUBSTANTIALLY  LIMIT
 ONE  OR  MORE MAJOR LIFE ACTIVITIES on the date the plan is submitted to
 the department of law or on the date the attorney general  has  accepted
 the  plan  for filing, and the spouses of any such tenants on such date,
 [and who have elected] OR ANY  MEMBER  OF  THE    TENANT'S    HOUSEHOLD,
 LAWFULLY OCCUPYING THE PREMISES AS SUCH PERSON'S RESIDENCE ON SUCH DATE,
 PROVIDED  IN  THE  CASE OF A TENANT'S HOUSEHOLD MEMBER, THAT SUCH PERSON
 HAS LIVED IN THE HOUSING ACCOMMODATION AS SUCH PERSON'S RESIDENCE FOR  A
 PERIOD  OF  NO  LESS  THAN ONE YEAR PRECEDING SUCH DATE. THE TENANT MUST
 ELECT, within sixty days of the  date  the  plan  is  submitted  to  the
 department  of  law or on the date the attorney general has accepted the
 plan for filing, on  forms  promulgated  by  the  attorney  general  and
 presented  to  such  tenants  by  the  offeror, to become non-purchasing
 tenants under the provisions of this section; provided, however, that if
 the disability first occurs after acceptance of  the  plan  for  filing,
 then  such election may be made within sixty days following the onset of
 such disability unless  during  the  period  subsequent  to  sixty  days
 following  the  acceptance  of  the  plan  for  filing but prior to such
 election, the offeror accepts a written agreement to purchase the apart-
 ment from a bona fide purchaser; and provided further that such election
 shall not preclude any such  tenant  from  subsequently  purchasing  the
 dwelling  unit or the shares allocated thereto on the terms then offered
 to tenants in occupancy.
   § 4. This act shall take effect immediately.

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