S T A T E O F N E W Y O R K
________________________________________________________________________
11311
I N A S S E M B L Y
May 11, 2026
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Norber) --
read once and referred to the Committee on Housing
AN ACT to amend the emergency tenant protection act of nineteen seven-
ty-four, the emergency housing rent control law, and the administra-
tive code of the city of New York, in relation to establishing income
eligibility requirements for occupancy of rent-regulated housing
accommodations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 10 of section 4 of chapter 576 of the laws of 1974,
constituting the emergency tenant protection act of nineteen seventy-
four, is amended by adding a new subdivision d to read as follows:
D. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY
PERSON, OR PERSONS, WHOSE INCOME EXCEEDS ONE HUNDRED TWENTY-FIVE PERCENT
OF THE AREA MEDIAN INCOME SHALL BE INELIGIBLE TO OCCUPY ANY HOUSING
ACCOMMODATION SUBJECT TO THE PROVISIONS OF THIS ACT.
2. THE DIVISION OF HOMES AND COMMUNITY RENEWAL AND THE DEPARTMENT OF
TAXATION AND FINANCE SHALL PROMULGATE RULES AND REGULATIONS NECESSARY TO
IMPLEMENT THIS SUBDIVISION, PROVIDED HOWEVER, SUCH RULES AND REGULATIONS
PROMULGATED SHALL HOLD THE OWNER OF THE HOUSING ACCOMMODATION, OR SUCH
OWNER'S AGENT, HARMLESS FOR ANY VIOLATION OF PARAGRAPH ONE OF THIS
SUBDIVISION.
3. A TENANT FOUND BY A COURT OF COMPETENT JURISDICTION TO HAVE WILL-
FULLY VIOLATED PARAGRAPH ONE OF THIS SUBDIVISION, INCLUDING, BUT NOT
LIMITED TO, BY PROVIDING THE OWNER, OR SUCH OWNER'S AGENT FALSE INCOME
DOCUMENTATION IN AN EFFORT TO OBTAIN TENANCY OF THE HOUSING ACCOMMO-
DATION, SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED FIVE HUNDRED
DOLLARS PER DAY OF ILLEGAL OCCUPANCY, PROVIDED HOWEVER, THAT A TENANT
WHO CURRENTLY OCCUPIES A HOUSING ACCOMMODATION SUBJECT TO THE PROVISIONS
OF THIS ACT, AND WHOSE INCOME EXCEEDS THE THRESHOLD PROVIDED IN PARA-
GRAPH ONE OF THIS SUBDIVISION, SHALL BE EXEMPT FROM CIVIL PENALTIES AND
SHALL NOT BE EVICTED ON THE GROUNDS OF A VIOLATION OF PARAGRAPH ONE OF
THIS SUBDIVISION FOR A PERIOD OF TEN YEARS FROM THE DATE OF EXECUTION OF
THE MOST RECENT LEASE AGREEMENT PRIOR TO THE EFFECTIVE DATE OF THIS
SUBDIVISION. AFTER A PERIOD OF TEN YEARS FROM THE DATE OF EXECUTION OF
THE LEASE AGREEMENT, CONTINUED VIOLATION OF PARAGRAPH ONE OF THIS SUBDI-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14350-01-6
A. 11311 2
VISION BY THE TENANT, AS DETERMINED BY A COURT OF COMPETENT JURISDIC-
TION, SHALL CONSTITUTE GROUNDS FOR EVICTION.
4. A TENANT WHO LAWFULLY OCCUPIES A HOUSING ACCOMMODATION SUBJECT TO
THE PROVISIONS OF THIS ACT, AND WHOSE INCOME INCREASED ABOVE ONE HUNDRED
TWENTY-FIVE PERCENT OF THE AREA MEDIAN INCOME, SHALL BE EXEMPT FROM
CIVIL PENALTIES AND SHALL NOT BE EVICTED ON THE GROUNDS OF A VIOLATION
OF THIS SUBDIVISION FOR A PERIOD OF THREE YEARS FROM THE DATE OF
EXECUTION OF THE MOST RECENT LEASE AGREEMENT PRIOR TO SUCH INCREASE IN
INCOME. AFTER A PERIOD OF THREE YEARS FROM THE DATE OF EXECUTION OF THE
LEASE AGREEMENT, CONTINUED VIOLATION OF PARAGRAPH ONE OF THIS SUBDIVI-
SION BY THE TENANT, AS DETERMINED BY A COURT OF COMPETENT JURISDICTION,
SHALL CONSTITUTE GROUNDS FOR EVICTION.
5. ANY PERSON WHO INHERITS TENANCY THROUGH SUCCESSORSHIP AS DEFINED IN
SECTION 24-04 OF TITLE TWENTY-EIGHT OF THE RULES OF THE CITY OF NEW
YORK, SHALL MEET THE INCOME ELIGIBILITY REQUIREMENTS AS DEFINED IN PARA-
GRAPH ONE OF THIS SUBDIVISION, IN ORDER TO OCCUPY SUCH HOUSING ACCOMMO-
DATION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, SHOULD SUCH PERSON
BE INELIGIBLE AS DEFINED IN PARAGRAPH ONE OF THIS SUBDIVISION, SUCH
APPLICATION FOR TENANCY BY SUCCESSORSHIP SHALL BE DENIED.
§ 2. Section 10 of chapter 274 of the laws of 1946, constituting the
emergency housing rent control law, is amended by adding a new subdivi-
sion 6 to read as follows:
6. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY
PERSON, OR PERSONS, WHOSE INCOME EXCEEDS ONE HUNDRED TWENTY-FIVE PERCENT
OF THE AREA MEDIAN INCOME SHALL BE INELIGIBLE TO OCCUPY ANY HOUSING
ACCOMMODATION SUBJECT TO THE PROVISIONS OF THIS LAW.
(B) THE DIVISION OF HOMES AND COMMUNITY RENEWAL AND THE DEPARTMENT OF
TAXATION AND FINANCE SHALL PROMULGATE RULES AND REGULATIONS NECESSARY TO
IMPLEMENT THIS SUBDIVISION, PROVIDED HOWEVER, SUCH RULES AND REGULATIONS
PROMULGATED SHALL HOLD THE OWNER OF THE HOUSING ACCOMMODATION, OR SUCH
OWNER'S AGENT, HARMLESS FOR ANY VIOLATION OF PARAGRAPH (A) OF THIS
SUBDIVISION.
(C) A TENANT FOUND BY A COURT OF COMPETENT JURISDICTION TO HAVE WILL-
FULLY VIOLATED PARAGRAPH (A) OF THIS SUBDIVISION, INCLUDING, BUT NOT
LIMITED TO, BY PROVIDING THE OWNER, OR SUCH OWNER'S AGENT FALSE INCOME
DOCUMENTATION IN AN EFFORT TO OBTAIN TENANCY OF THE HOUSING ACCOMMO-
DATION, SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED FIVE HUNDRED
DOLLARS PER DAY OF ILLEGAL OCCUPANCY, PROVIDED HOWEVER, THAT A TENANT
WHO CURRENTLY OCCUPIES A HOUSING ACCOMMODATION SUBJECT TO THE PROVISIONS
OF THIS LAW, AND WHOSE INCOME EXCEEDS THE THRESHOLD PROVIDED IN PARA-
GRAPH (A) OF THIS SUBDIVISION, SHALL BE EXEMPT FROM CIVIL PENALTIES AND
SHALL NOT BE EVICTED ON THE GROUNDS OF A VIOLATION OF PARAGRAPH (A) OF
THIS SUBDIVISION FOR A PERIOD OF TEN YEARS FROM THE DATE OF EXECUTION OF
THE MOST RECENT LEASE AGREEMENT PRIOR TO THE EFFECTIVE DATE OF THIS
SUBDIVISION. AFTER A PERIOD OF TEN YEARS FROM THE DATE OF EXECUTION OF
THE LEASE AGREEMENT, CONTINUED VIOLATION OF PARAGRAPH (A) OF THIS SUBDI-
VISION BY THE TENANT, AS DETERMINED BY A COURT OF COMPETENT JURISDIC-
TION, SHALL CONSTITUTE GROUNDS FOR EVICTION.
(D) A TENANT WHO LAWFULLY OCCUPIES A HOUSING ACCOMMODATION SUBJECT TO
THE PROVISIONS OF THIS LAW, AND WHOSE INCOME INCREASED ABOVE ONE HUNDRED
TWENTY-FIVE PERCENT OF THE AREA MEDIAN INCOME, SHALL BE EXEMPT FROM
CIVIL PENALTIES AND SHALL NOT BE EVICTED ON THE GROUNDS OF A VIOLATION
OF THIS SUBDIVISION FOR A PERIOD OF THREE YEARS FROM THE DATE OF
EXECUTION OF THE MOST RECENT LEASE AGREEMENT PRIOR TO SUCH INCREASE IN
INCOME. AFTER A PERIOD OF THREE YEARS FROM THE DATE OF EXECUTION OF THE
LEASE AGREEMENT, CONTINUED VIOLATION OF PARAGRAPH (A) OF THIS SUBDIVI-
A. 11311 3
SION BY THE TENANT, AS DETERMINED BY A COURT OF COMPETENT JURISDICTION,
SHALL CONSTITUTE GROUNDS FOR EVICTION.
(E) ANY PERSON WHO INHERITS TENANCY THROUGH SUCCESSORSHIP AS DEFINED
IN SECTION 24-04 OF TITLE TWENTY-EIGHT OF THE RULES OF THE CITY OF NEW
YORK, SHALL MEET THE INCOME ELIGIBILITY REQUIREMENTS AS DEFINED IN PARA-
GRAPH (A) OF THIS SUBDIVISION, IN ORDER TO OCCUPY SUCH HOUSING ACCOMMO-
DATION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, SHOULD SUCH PERSON
BE INELIGIBLE AS DEFINED IN PARAGRAPH (A) OF THIS SUBDIVISION, SUCH
APPLICATION FOR TENANCY BY SUCCESSORSHIP SHALL BE DENIED.
§ 3. The administrative code of the city of New York is amended by
adding a new section 26-418 to read as follows:
§ 26-418 TENANT ELIGIBILITY. 1. NOTWITHSTANDING ANY OTHER PROVISION OF
LAW TO THE CONTRARY, ANY PERSON, OR PERSONS, WHOSE INCOME EXCEEDS ONE
HUNDRED TWENTY-FIVE PERCENT OF THE AREA MEDIAN INCOME SHALL BE INELIGI-
BLE TO OCCUPY ANY HOUSING ACCOMMODATION SUBJECT TO THE PROVISIONS OF
THIS CHAPTER.
2. THE DIVISION OF HOMES AND COMMUNITY RENEWAL AND THE DEPARTMENT OF
TAXATION AND FINANCE SHALL PROMULGATE RULES AND REGULATIONS NECESSARY TO
IMPLEMENT THIS SECTION, PROVIDED HOWEVER, SUCH RULES AND REGULATIONS
PROMULGATED SHALL HOLD THE OWNER OF THE HOUSING ACCOMMODATION, OR SUCH
OWNER'S AGENT, HARMLESS FOR ANY VIOLATION OF SUBDIVISION ONE OF THIS
SECTION.
3. A TENANT FOUND BY A COURT OF COMPETENT JURISDICTION TO HAVE WILL-
FULLY VIOLATED SUBDIVISION ONE OF THIS SECTION, INCLUDING, BUT NOT
LIMITED TO, BY PROVIDING THE OWNER, OR SUCH OWNER'S AGENT FALSE INCOME
DOCUMENTATION IN AN EFFORT TO OBTAIN TENANCY OF THE HOUSING ACCOMMO-
DATION, SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED FIVE HUNDRED
DOLLARS PER DAY OF ILLEGAL OCCUPANCY, PROVIDED HOWEVER, THAT A TENANT
WHO CURRENTLY OCCUPIES A HOUSING ACCOMMODATION SUBJECT TO THE PROVISIONS
OF THIS CHAPTER, AND WHOSE INCOME EXCEEDS THE THRESHOLD PROVIDED IN
SUBDIVISION ONE OF THIS SECTION, SHALL BE EXEMPT FROM CIVIL PENALTIES
AND SHALL NOT BE EVICTED ON THE GROUNDS OF A VIOLATION OF SUBDIVISION
ONE OF THIS SECTION FOR A PERIOD OF TEN YEARS FROM THE DATE OF EXECUTION
OF THE MOST RECENT LEASE AGREEMENT PRIOR TO THE EFFECTIVE DATE OF THIS
SECTION. AFTER A PERIOD OF TEN YEARS FROM THE DATE OF EXECUTION OF THE
LEASE AGREEMENT, CONTINUED VIOLATION OF SUBDIVISION ONE OF THIS SECTION
BY THE TENANT, AS DETERMINED BY A COURT OF COMPETENT JURISDICTION, SHALL
CONSTITUTE GROUNDS FOR EVICTION.
4. A TENANT WHO LAWFULLY OCCUPIES A HOUSING ACCOMMODATION SUBJECT TO
THE PROVISIONS OF THIS CHAPTER, AND WHOSE INCOME INCREASED ABOVE ONE
HUNDRED TWENTY-FIVE PERCENT OF THE AREA MEDIAN INCOME, SHALL BE EXEMPT
FROM CIVIL PENALTIES AND SHALL NOT BE EVICTED ON THE GROUNDS OF A
VIOLATION OF THIS SECTION FOR A PERIOD OF THREE YEARS FROM THE DATE OF
EXECUTION OF THE MOST RECENT LEASE AGREEMENT PRIOR TO SUCH INCREASE IN
INCOME. AFTER A PERIOD OF THREE YEARS FROM THE DATE OF EXECUTION OF THE
LEASE AGREEMENT, CONTINUED VIOLATION OF SUBDIVISION ONE OF THIS SECTION
BY THE TENANT, AS DETERMINED BY A COURT OF COMPETENT JURISDICTION, SHALL
CONSTITUTE GROUNDS FOR EVICTION.
5. ANY PERSON WHO INHERITS TENANCY THROUGH SUCCESSORSHIP AS DEFINED IN
SECTION 24-04 OF TITLE TWENTY-EIGHT OF THE RULES OF THE CITY OF NEW
YORK, SHALL MEET THE INCOME ELIGIBILITY REQUIREMENTS AS DEFINED IN
SUBDIVISION ONE OF THIS SECTION, IN ORDER TO OCCUPY SUCH HOUSING ACCOM-
MODATION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, SHOULD SUCH
PERSON BE INELIGIBLE AS DEFINED IN SUBDIVISION ONE OF THIS SECTION, SUCH
APPLICATION FOR TENANCY BY SUCCESSORSHIP SHALL BE DENIED.
A. 11311 4
§ 4. Section 26-512 of the administrative code of New York is amended
by adding a new subdivision h to read as follows:
H. (1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN, DWELLING UNITS
SUBJECT TO THIS CHAPTER AS PRESCRIBED IN SECTION 26-504 OF THIS CHAPTER
SHALL BE RENTED TO PERSONS WHOSE ADJUSTED GROSS INCOME IS LESS THAN ONE
HUNDRED TWENTY-FIVE PERCENT OF THE AREA MEDIAN INCOME.
(2) THE DIVISION OF HOMES AND COMMUNITY RENEWAL AND THE DEPARTMENT OF
TAXATION AND FINANCE SHALL PROMULGATE RULES AND REGULATIONS NECESSARY TO
IMPLEMENT THIS SUBDIVISION, PROVIDED HOWEVER, SUCH RULES AND REGULATIONS
PROMULGATED SHALL HOLD THE OWNER OF THE DWELLING UNIT HARMLESS FOR ANY
VIOLATION OF PARAGRAPH ONE OF THIS SUBDIVISION.
(3) A TENANT FOUND BY A COURT OF COMPETENT JURISDICTION TO HAVE WILL-
FULLY VIOLATED PARAGRAPH ONE OF THIS SUBDIVISION BY OCCUPYING A DWELLING
UNIT SUBJECT TO THIS CHAPTER SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO
EXCEED FIVE HUNDRED DOLLARS PER DAY OF ILLEGAL OCCUPANCY, PROVIDED
HOWEVER, THAT A TENANT WHO OCCUPIES A DWELLING UNIT SUBJECT TO THIS
CHAPTER BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN, AND WHOSE
INCOME EXCEEDS THE THRESHOLD PROVIDED IN PARAGRAPH ONE OF THIS SUBDIVI-
SION, SHALL BE EXEMPT FROM CIVIL PENALTIES AND SHALL NOT BE EVICTED ON
THE GROUNDS OF A VIOLATION OF THIS SUBDIVISION FOR A PERIOD OF TEN YEARS
FROM THE DATE OF EXECUTION OF THE MOST RECENT LEASE AGREEMENT PRIOR TO
JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN. AFTER A PERIOD OF TEN YEARS
FROM THE DATE OF EXECUTION OF SUCH LEASE AGREEMENT, CONTINUED VIOLATION
OF PARAGRAPH ONE OF THIS SUBDIVISION BY THE TENANT, AS DETERMINED BY A
COURT OF COMPETENT JURISDICTION, SHALL CONSTITUTE GROUNDS FOR EVICTION.
(4) A TENANT WHO LAWFULLY OCCUPIES A DWELLING UNIT SUBJECT TO THIS
CHAPTER, AND WHOSE INCOME INCREASED ABOVE ONE HUNDRED TWENTY-FIVE
PERCENT OF THE AREA MEDIAN INCOME, SHALL BE EXEMPT FROM CIVIL PENALTIES
AND SHALL NOT BE EVICTED ON THE GROUNDS OF A VIOLATION OF THIS SUBDIVI-
SION FOR A PERIOD OF THREE YEARS FROM THE DATE OF EXECUTION OF THE MOST
RECENT LEASE AGREEMENT. AFTER A PERIOD OF THREE YEARS FROM THE DATE OF
EXECUTION OF THE LEASE AGREEMENT, CONTINUED VIOLATION OF PARAGRAPH ONE
OF THIS SUBDIVISION BY THE TENANT, AS DETERMINED BY A COURT OF COMPETENT
JURISDICTION, SHALL CONSTITUTE GROUNDS FOR EVICTION.
(5) ANY PERSON WHO INHERITS TENANCY THROUGH SUCCESSORSHIP AS DEFINED
IN SECTION 24-04 OF TITLE TWENTY-EIGHT OF THE RULES OF THE CITY OF NEW
YORK, SHALL MEET THE INCOME ELIGIBILITY REQUIREMENTS AS DEFINED IN PARA-
GRAPH ONE OF THIS SUBDIVISION, IN ORDER TO OCCUPY SUCH DWELLING UNIT.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, SHOULD SUCH PERSON BE INELI-
GIBLE AS DEFINED IN PARAGRAPH ONE OF THIS SUBDIVISION, SUCH APPLICATION
FOR TENANCY BY SUCCESSORSHIP SHALL BE DENIED.
§ 5. The division of homes and community renewal and the department of
taxation and finance shall promulgate rules and regulations to implement
the provisions of this act.
§ 6. This act shall take effect immediately provided that section
26-418 of the city rent and rehabilitation law as added by section three
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 provided that the
amendments to section 26-512 of chapter 4 of title 26 of the administra-
tive code of the city of New York made by section four 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.