NY State Senate Bill 2023-S2015A

Senate Bill S2015A

2023-2024 Legislative Session

Relates to requirements for a building owner to refuse to renew a lease under the real estate industry stabilization code

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

View Actions

	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 15, 2023	reported and committed to cities 1
May 10, 2023	print number 2015b
May 10, 2023	amend and recommit to housing, construction and community development
Feb 01, 2023	print number 2015a
Feb 01, 2023	amend and recommit to housing, construction and community development
Jan 18, 2023	referred to housing, construction and community development

Votes

- Feb 12, 2024 - Housing, Construction And Community Development Committee Vote
  S2015A
  
  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 15, 2023 - Housing, Construction And Community Development Committee Vote
  S2015A
  
  8
  
  Aye
  
  3
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Housing, Construction And Community Development Committee Vote: May 15, 2023
      
      aye (8)
      
      Brisport
      
      Cleare
      
      Jackson
      
      Kavanagh
      
      May
      
      Myrie
      
      Rivera
      
      Salazar
      
      nay (3)
      
      Borrello
      
      Helming
      
      Martins

Bill Amendments

Original

B (Active)

2023-S2015 - Details

See Assembly Version of this Bill:: A6276
Current Committee:: Senate Cities 1
Law Section:: New York City Administrative Code
Laws Affected:: Amd §26-511, NYC Ad Cd

2023-S2015 - Summary

Relates to requirements for a building owner to refuse to renew a lease under the real estate industry stabilization code; requires the owner of a building to be demolished to prove that he or she has the financial ability to complete demolition of the building.

2023-S2015 - Sponsor Memo

                                 
BILL NUMBER: S2015REVISED 1/25/23

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the administrative code of the city of New York, in
relation to requirements for a building owner to refuse to renew a lease
when the building is to be demolished

 
PURPOSE:

To restore the power of the State Division of Housing and Community
Renewal to ensure that building owners applying for permission to refuse
to renew rent stabilized tenants' leases in order to demolish buildings
and construct new ones are acting in good faith, have received all
required building permits, and have the funds needed to complete demoli-
tion and construction.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends 26-511 of the Administrative Code of the City of New
York to make changes to the requirements for building owners submitting

applications for permission to refuse to renew rent stabilized tenants'
leases due to demolition to DHCR. Owners must prove to the satisfaction
of DHCR that he or she intends in good faith to demolish each building
and construct a new one, have received all necessary demolition and new
building permits from the New York City Department of Buildings, and
have the financial ability to construct the proposed new building.

 
JUSTIFICATION:

A recent State Appellate Court Decision (First NY v DHCR), determined
that the Division of Housing and Community Renewal (DHCR) does not have
the ability to require landlords applying for permission not to renew
rent stabilized tenants' leases in order to demolish a building to show
what they intend to do with the property post-demolition and provide
proof of segregated funds to do the proposed work. The decision was
contrary to longstanding practices by DHCR and what many attorneys
believed was settled case law. The Appellate Court decision makes it
much easier for unscrupulous building owners to push stabilized tenants
out when they have no real intention of demolishing their buildings.
There has long been a problem of certain owners filing phony demolition
applications and this case exacerbates the situation. This bill protects
tenants by once again requiring owners to prove to DHCR that they intend
in good faith to demolish a building and construct a new one, have
received the necessary building permits, and have the funds to construct
a new building.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

To be Determined

 
EFFECTIVE DATE:
Immediately

2023-S2015 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2015
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2023
                                ___________
 
 Introduced  by  Sen. KRUEGER -- 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, in
   relation to requirements for a building owner to  refuse  to  renew  a
   lease when the building is to be demolished
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (a) of paragraph 9 of subdivision c of section
 26-511 of the administrative code of the city of New York is amended  to
 read as follows:
   (a) where he or she ESTABLISHES TO THE SATISFACTION OF THE DIVISION OF
 HOUSING  AND COMMUNITY RENEWAL THAT HE OR SHE: (I) intends in good faith
 to demolish the building [and]; (II) has obtained FROM THE DEPARTMENT OF
 BUILDINGS a permit therefor [from  the  department  of  buildings];  AND
 (III) HAS THE FINANCIAL ABILITY TO COMPLETE SAME; or
   §  2. This act shall take effect immediately; provided that the amend-
 ments to subparagraph (a) of paragraph 9 of  subdivision  c  of  section
 26-511  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  section
 expires  and shall not affect the expiration of such section as provided
 in section 26-520 of such code.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05597-02-3

2023-S2015A - Details

See Assembly Version of this Bill:: A6276
Current Committee:: Senate Cities 1
Law Section:: New York City Administrative Code
Laws Affected:: Amd §26-511, NYC Ad Cd

2023-S2015A - Summary

2023-S2015A - Sponsor Memo

                                 
BILL NUMBER: S2015A          Revise

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the administrative code of the city of New York, in
relation to requirements for a building owner to refuse to renew a lease
when the building is to be demolished

 
PURPOSE:

To restore the power of the State Division of Housing and Community
Renewal to ensure that building owners applying for permission to refuse
to renew rent stabilized tenants' leases in order to demolish buildings
and construct new ones are acting in good faith, have received all
required building permits, and have the funds needed to complete demoli-
tion and construction.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends 26-511 of the Administrative Code of the City of New
York to make changes to the requirements for building owners submitting

applications for permission to refuse to renew rent stabilized tenants'
leases due to demolition to DHCR. Owners must prove to the satisfaction
of DHCR that he or she intends in good faith to demolish each building
and construct a new one, have received all necessary demolition and new
building permits from the New York City Department of Buildings, and
have the financial ability to construct the proposed new building.

 
JUSTIFICATION:

A recent State Appellate Court Decision (First NY v DHCR), determined
that the Division of Housing and Community Renewal (DHCR) does not have
the ability to require landlords applying for permission not to renew
rent stabilized tenants' leases in order to demolish a building to show
what they intend to do with the property post-demolition and provide
proof of segregated funds to do the proposed work. The decision was
contrary to longstanding practices by DHCR and what many attorneys
believed was settled case law. The Appellate Court decision makes it
much easier for unscrupulous building owners to push stabilized tenants
out when they have no real intention of demolishing their buildings.
There has long been a problem of certain owners filing phony demolition
applications and this case exacerbates the situation. This bill protects
tenants by once again requiring owners to prove to DHCR that they intend
in good faith to demolish a building and construct a new one, have
received the necessary building permits, and have the funds to construct
a new building.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

To be Determined

 
EFFECTIVE DATE:
Immediately and shall apply to any proceeding currently pending before
DHCR or to any appeal from any such proceeding

2023-S2015A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2015--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2023
                                ___________
 
 Introduced  by  Sen. KRUEGER -- 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,  in
   relation  to  requirements  for  a building owner to refuse to renew a
   lease when the building is to be demolished
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (a) of paragraph 9 of subdivision c of section
 26-511  of the administrative code of the city of New York is amended to
 read as follows:
   (a) where he or she ESTABLISHES TO THE SATISFACTION OF THE DIVISION OF
 HOUSING AND COMMUNITY RENEWAL THAT HE OR SHE: (I) intends in good  faith
 to  demolish  the  building [and] AND CONSTRUCT A NEW BUILDING; (II) has
 obtained FROM THE DEPARTMENT OF BUILDINGS a permit  [therefor  from  the
 department  of buildings] FOR SUCH DEMOLITION PROJECT AND APPROVED PLANS
 FOR THE NEW BUILDING CONSTRUCTION PROJECT; AND (III) HAS  THE  FINANCIAL
 ABILITY TO COMPLETE SAME; or
   § 2. This act shall take effect immediately and shall be applicable to
 any  proceeding  currently  pending before the division of  housing  and
 community  renewal or to any appeal from any such  proceeding;  provided
 that  the amendments to subparagraph (a) of paragraph 9 of subdivision c
 of section 26-511 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
 section expires and shall not affect the expiration of such  section  as
 provided in section 26-520 of such code.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05597-04-3

co-Sponsors

2023-S2015B (ACTIVE) - Details

See Assembly Version of this Bill:: A6276
Current Committee:: Senate Cities 1
Law Section:: New York City Administrative Code
Laws Affected:: Amd §26-511, NYC Ad Cd

2023-S2015B (ACTIVE) - Summary

2023-S2015B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2015B

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the administrative code of the city of New York, in
relation to requirements for a building owner to refuse to renew a lease
when the building is to be demolished

 
PURPOSE:

To restore the power of the State Division of Housing and Community
Renewal to ensure that building owners applying for permission to refuse
to renew rent stabilized tenants' leases in order to demolish buildings
and construct new ones are acting in good faith, have received all
required building permits, and have the funds needed to complete demoli-
tion and construction.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends 26-511 of the Administrative Code of the City of New
York to make changes to the requirements for building owners submitting

applications for permission to refuse to renew rent stabilized tenants'
leases due to demolition to DHCR. Owners must prove to the satisfaction
of DHCR that he or she intends in good faith to demolish each building
and construct a new one, have received all necessary demolition and new
building permits from the New York City Department of Buildings, and
have the financial ability to construct the proposed new building.

 
JUSTIFICATION:

A recent State Appellate Court Decision (First NY v DHCR), determined
that the Division of Housing and Community Renewal (DHCR) does not have
the ability to require landlords applying for permission not to renew
rent stabilized tenants' leases in order to demolish a building to show
what they intend to do with the property post-demolition and provide
proof of segregated funds to do the proposed work.  The decision was
contrary to longstanding practices by DHCR and what many attorneys
believed was settled case law. The Appellate Court decision makes it
much easier for unscrupulous building owners to push stabilized tenants
out when they have no real intention of demolishing their buildings.
There has long been a problem of certain owners filing phony demolition
applications and this case exacerbates the situation. This bill protects
tenants by once again requiring owners to prove to DHCR that they intend
in good faith to demolish a building and construct a new one, have
received the necessary building permits, and have the funds to construct
a new building.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

To be Determined

 
EFFECTIVE DATE:
Immediately

2023-S2015B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2015--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2023
                                ___________
 
 Introduced  by  Sen. KRUEGER -- 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  --  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, in
   relation to requirements for a building owner to  refuse  to  renew  a
   lease when the building is to be demolished
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (a) of paragraph 9 of subdivision c of section
 26-511 of the administrative code of the city of New York is amended  to
 read as follows:
   (a) where he or she ESTABLISHES TO THE SATISFACTION OF THE DIVISION OF
 HOUSING  AND COMMUNITY RENEWAL THAT HE OR SHE: (I) intends in good faith
 to demolish the building [and] AND CONSTRUCT A NEW  BUILDING;  (II)  has
 obtained  FROM  THE  DEPARTMENT OF BUILDINGS a permit [therefor from the
 department of buildings] FOR SUCH DEMOLITION PROJECT AND APPROVED  PLANS
 FOR  THE  NEW BUILDING CONSTRUCTION PROJECT; AND (III) HAS THE FINANCIAL
 ABILITY TO COMPLETE SAME; or
   § 2. This act shall take effect immediately; provided that the  amend-
 ments  to  subparagraph  (a)  of paragraph 9 of subdivision c of section
 26-511 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 section
 expires and shall not affect the expiration of such section as  provided
 in section 26-520 of such code.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05597-06-3

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