Senate Bill S1852

2025-2026 Legislative Session

Relates to housing accommodations in certain buildings where seventy-five percent of the total residents are fifty-five or older

download bill text pdf

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 14, 2025	referred to housing, construction and community development

2025-S1852 (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Emergency Tenant Protection Act of 1974
Laws Affected:: Amd §§5 & 10, Emerg Ten Prot Act of 1974
Versions Introduced in 2023-2024 Legislative Session:: S4565

2025-S1852 (ACTIVE) - Summary

Relates to regulations pertaining to housing accommodations in buildings with six or more dwelling units where seventy-five percent of the total residents are fifty-five or older.

2025-S1852 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1852

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the emergency tenant protection act of nineteen seven-
ty-four, in relation to housing accommodations in certain buildings
where seventy-five percent of the total residents are fifty-five or
older

 
PURPOSE:

To include buildings and developments where the majority of residents
are aged fifty-five and older under the provisions of the emergency
tenant protection act.

 
SUMMARY OF PROVISIONS:

Section one amends section 5 of section 4 of chapter 576 of the laws of
1974 to include certain housing accommodations in which more than seven-
ty-five percent of the inhabitants are aged fifty-five and older in the
emergency tenant protection act of 1974.

Section two amends subdivision (a) of section 10 of section 4 of chapter
576 of the laws of 1974 to require landlords to offer tenants a minimum
lease of two years in certain housing accommodations when the number of
inhabitants aged fifty five and older exceeds seventy-five percent of
the total residents.

Section three states the effective date.

 
EXISTING LAW:

The Emergency Tenant Protection act of 1974, The Housing Stability and
Tenant Protection act of 2019

 
JUSTIFICATION:

The Emergency Tenant Protection Act (ETPA) of 1974 and the Housing
Stability and Tenant Protection (HSTP) act of 2019 were landmark pieces
of legislation for housing in New York State. They were designed to
protect vulnerable New Yorkers and preserve their right to an affordable
living space. Many seniors live on a fixed income and are consequently
highly sensitive to rent increases and changes.  Many have also settled
in senior living communities around the state that were recently
constructed. However, the protections of these pieces of legislation do
not extend to buildings constructed after 1974, leaving seniors outside
of their protections.  This legislation would amend the ETPA and HSTP to
grant an exception to housing accommodations constructed after 1974, if
the percentage of people older than fifty-five exceeds seventy-five
percent of the buildings total residents and require the extension of
multi-year leases. Both of these measures are vital to ensuring that
senior citizens in New York have continued access to quality affordable
housing.

 
LEGISLATIVE HISTORY:

S.4565 of 2023 - Referred to Housing

S.4565 of 2024 - Referred to Housing

 
FISCAL IMPLICATIONS:

To Be Determined

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S1852 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1852
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2025
                                ___________
 
 Introduced  by  Sen. HINCHEY -- 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 housing accommodations  in  certain  buildings
   where  seventy-five  percent  of the total residents are fifty-five or
   older
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 5 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 c to read as follows:
   C.  THE  EXCEPTION  IN PARAGRAPH FIVE OF SUBDIVISION A OF THIS SECTION
 SHALL NOT APPLY TO HOUSING ACCOMMODATIONS IN BUILDINGS CONTAINING SIX OR
 MORE DWELLING UNITS IN WHICH THE NUMBER OF RESIDENTS AGED FIFTY-FIVE  OR
 OLDER EXCEEDS SEVENTY-FIVE PERCENT OF THE TOTAL BUILDING RESIDENTS.
   §  2.  Subdivision  a of section 10 of section 4 of chapter 576 of the
 laws of 1974, constituting the emergency tenant protection act of  nine-
 teen  seventy-four,  as amended by section 15 of part Q of chapter 39 of
 the laws of 2019, is amended to read as follows:
   a. For cities having a population of less than one million  and  towns
 and  villages, the state division of housing and community renewal shall
 be empowered to implement this  act  by  appropriate  regulations.  Such
 regulations  may encompass such speculative or manipulative practices or
 renting or leasing practices as the state division of housing and commu-
 nity renewal determines constitute or are likely to cause  circumvention
 of  this act. Such regulations shall prohibit practices which are likely
 to prevent any person from asserting any right or remedy granted by this
 act, including but not limited to retaliatory  termination  of  periodic
 tenancies and shall require owners to grant a new one or two year vacan-
 cy or renewal lease at the option of the tenant, except where a mortgage
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05374-01-5

 S. 1852                             2
 
 or  mortgage  commitment existing as of the local effective date of this
 act provides that the owner shall not grant a one-year lease; and  shall
 prescribe  standards with respect to the terms and conditions of new and
 renewal  leases,  additional  rent  and such related matters as security
 deposits, advance rental payments, the use of escalator clauses in leas-
 es and provision for increase in rentals for garages and other ancillary
 facilities, so as to ensure that the level of rent  adjustments  author-
 ized  under  this  law  will not be subverted and made ineffective. SUCH
 REGULATIONS SHALL REQUIRE OWNERS OF BUILDINGS  CONTAINING  SIX  OR  MORE
 DWELLING UNITS IN WHICH THE NUMBER OF RESIDENTS AGED FIFTY-FIVE OR OLDER
 EXCEEDS  SEVENTY-FIVE PERCENT OF THE TOTAL BUILDING RESIDENTS TO OFFER A
 VACANCY OR RENEWAL LEASE OF NO FEWER THAN TWO YEARS.  Any  provision  of
 the  regulations  permitting  an  owner  to  refuse  to renew a lease on
 grounds that the owner seeks to recover possession of a housing accommo-
 dation for [his or her] THEIR own use and occupancy or for the  use  and
 occupancy  of  [his or her] THEIR immediate family shall permit recovery
 of only one housing accommodation, shall require that  an  owner  demon-
 strate  immediate and compelling need and that the housing accommodation
 will be the proposed occupants' primary residence and  shall  not  apply
 where a member of the housing accommodation is sixty-two years of age or
 older, has been a tenant in a housing accommodation in that building for
 fifteen  years  or more, or has an impairment which results from anatom-
 ical, 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; provided, however,  that
 a tenant required to surrender a housing accommodation under this subdi-
 vision  shall have a cause of action in any court of competent jurisdic-
 tion for damages, declaratory, and injunctive relief against a  landlord
 or  purchaser of the premises who makes a fraudulent statement regarding
 a proposed use of the housing accommodation. In any action or proceeding
 brought pursuant to this subdivision a prevailing tenant shall be  enti-
 tled to recovery of actual damages, and reasonable attorneys' fees.
   § 3. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Senate Bill S1852

Sponsored By

Current Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Actions

2025-S1852 (ACTIVE) - Details

2025-S1852 (ACTIVE) - Summary

2025-S1852 (ACTIVE) - Sponsor Memo

2025-S1852 (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2025-S1852

Senate Bill S1852

Share this bill

Sponsored By

Michelle Hinchey

Current Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Actions

2025-S1852 (ACTIVE) - Details

2025-S1852 (ACTIVE) - Summary

2025-S1852 (ACTIVE) - Sponsor Memo

2025-S1852 (ACTIVE) - Bill Text download pdf

Comments