S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9019
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             September 5, 2025
                                ___________
 
 Introduced  by  M.  of  A.  PIROZZOLO  --  read once and referred to the
   Committee on Housing
 
 AN ACT to amend the emergency tenant protection act of  nineteen  seven-
   ty-four,  and  the  real  property law, in relation to establishing an
   annual income eligibility limit for certain elected officials residing
   in rent stabilized housing

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. 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 section 5-a to read as follows:
   §  5-A.  INCOME  ELIGIBILITY  FOR  CERTAIN PUBLIC OFFICERS. A. FOR THE
 PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
 MEANINGS:
   (1)  "ANNUAL GROSS INCOME" SHALL MEAN THE TOTAL INCOME FROM ALL SOURC-
 ES, BEFORE TAXES OF ALL OCCUPANTS EIGHTEEN YEARS OF AGE OR OLDER WHO USE
 THE HOUSING ACCOMMODATION AS THEIR PRIMARY RESIDENCE.
   (2) "COMMISSIONER" SHALL MEAN THE  COMMISSIONER  OF  THE  DIVISION  OF
 HOUSING AND COMMUNITY RENEWAL AND ANY SUCCESSOR THERETO.
   (3)  "DIVISION"  SHALL  MEAN  THE  DIVISION  OF  HOUSING AND COMMUNITY
 RENEWAL AND ANY SUCCESSOR THERETO.
   B. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,  NO  HOUSING  ACCOMMO-
 DATION SUBJECT TO THIS LAW SHALL BE OFFERED OR CONTINUED AS A TENANCY TO
 ANY  PERSON SERVING AS THE MAYOR OF THE CITY OF NEW YORK IF THE COMBINED
 ANNUAL GROSS INCOME OF ALL PERSONS RESIDING IN SUCH ACCOMMODATION IS TWO
 HUNDRED FIFTY-EIGHT THOUSAND DOLLARS OR MORE, AS  VERIFIED  PURSUANT  TO
 SUBDIVISION C OF THIS SECTION.
   C.  THE  OWNER  SHALL  REQUIRE,  AND  THE TENANT SHALL PROVIDE, ANNUAL
 INCOME CERTIFICATION TO THE DIVISION IN SUCH  FORM  AND  MANNER  AS  THE
 COMMISSIONER  SHALL  PRESCRIBE.  THE  DIVISION SHALL PROMULGATE RULES TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13649-01-5
 A. 9019                             2
              

 
 VERIFY REPORTED INCOME, INCLUDING, BUT NOT LIMITED TO  CROSS-REFERENCING
 STATE TAX RECORDS.
   D.  ANY  PERSON  WHO  KNOWINGLY  MAKES  A FALSE STATEMENT IN AN INCOME
 CERTIFICATION UNDER THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY  OF
 NOT  MORE  THAN TEN THOUSAND DOLLARS, IN ADDITION TO ANY OTHER PENALTIES
 PROVIDED BY LAW.
   § 2. The real property law is amended by adding a new section 235-k to
 read as follows:
   § 235-K. LEASE TERMINATIONS FOR INELIGIBLE TENANTS IN RENT  STABILIZED
 HOUSING.  1.  A  LANDLORD  MAY COMMENCE A SPECIAL PROCEEDING PURSUANT TO
 ARTICLE SEVEN OF THE  REAL  PROPERTY  ACTIONS  AND  PROCEEDINGS  LAW  TO
 RECOVER POSSESSION OF A HOUSING ACCOMMODATION SUBJECT TO RENT STABILIZA-
 TION  WHERE  THE HOUSEHOLD INCOME EXCEEDS THE LIMIT SET FORTH IN SECTION
 FIVE-A OF SECTION FOUR OF CHAPTER FIVE HUNDRED SEVENTY-SIX OF  THE  LAWS
 OF  NINETEEN  SEVENTY-FOUR  CONSTITUTING THE EMERGENCY TENANT PROTECTION
 ACT OF NINETEEN SEVENTY-FOUR.
   2. PROCEEDINGS UNDER THIS SECTION SHALL BE  GIVEN  PREFERENCE  IN  THE
 SCHEDULING OF THE COURT.
   §  3. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become  a  law,  provided,  however,
 that  the  division  of  housing  and community renewal shall promulgate
 rules and regulations necessary to implement  this  act  no  later  than
 ninety days after it shall have become a law.