Senate Bill S3758

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3758
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2025
                                ___________
 
 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08141-01-5
              

 S. 3758                             2

 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  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
 S. 3758                             3
 
 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.
   § 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.