S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3886
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2025
                                ___________
 
 Introduced  by Sen. GIANARIS -- 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 protecting tenants displaced due to fire

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The administrative code of the city of New York is amended
 by adding a new section 26-307 to read as follows:
   § 26-307 PROTECTING TENANTS DISPLACED DUE TO FIRE. 1. ANY  TENANT  WHO
 IS  EVICTED  OR  OTHERWISE REMOVED FROM A DWELLING UNIT AS A RESULT OF A
 VACATE ORDER ISSUED BY ANY GOVERNMENTAL AGENCY OR DEPARTMENT DUE TO FIRE
 SHALL BE ENTITLED TO A SUITABLE ACCOMMODATION AS DEFINED BY  SUBDIVISION
 TWO  OF  THIS  SECTION  WHILE  THE  VACATE  ORDER REMAINS IN EFFECT. THE
 DEPARTMENT OF HOUSING  PRESERVATION  AND  DEVELOPMENT  SHALL  REFER  THE
 TENANT  TO  SUCH  SUITABLE ACCOMMODATION AND, IF THE TENANT ACCEPTS, THE
 OWNER OF THE BUILDING FROM WHICH SUCH TENANT WAS RELOCATED SHALL PAY FOR
 THE RENT ON THE SUITABLE ACCOMMODATION UPON A FINDING THAT THE OWNER, OR
 SUCH OWNER'S DESIGNATED AGENT, NEGLIGENTLY OR  INTENTIONALLY  CAUSED  OR
 CONTRIBUTED  TO THE FIRE RESULTING IN THE VACATE ORDER. SUCH OWNER SHALL
 BE LIABLE TO PAY FOR THE RENT OF SUCH SUITABLE ACCOMMODATION  UNTIL  THE
 COMMISSIONER  DETERMINES THAT SUFFICIENT REPAIRS ARE COMPLETED AND UNTIL
 SUCH TENANT IS NOTIFIED OF THEIR RIGHT  OF  FIRST  REFUSAL  PURSUANT  TO
 SUBDIVISION FOUR OF THIS SECTION.
   2. FOR PURPOSES OF THIS SECTION, "SUITABLE ACCOMMODATION" SHALL MEAN A
 DWELLING  UNIT APPROVED BY THE COMMISSIONER OF THE DEPARTMENT OF HOUSING
 PRESERVATION AND DEVELOPMENT THAT:
   (A) HAS ADEQUATE FLOOR AREA FOR THE TENANT AND  SUCH  TENANT'S  FAMILY
 PURSUANT TO THE HOUSING MAINTENANCE CODE OF THE CITY OF NEW YORK;
   (B)  HAS NO IMMEDIATELY HAZARDOUS VIOLATIONS OF RECORD IN THE DWELLING
 UNIT;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08296-01-5
              

 S. 3886                             2
 
   (C) HAS NO VIOLATIONS OF RECORD IN THE DWELLING UNIT FOR VERMIN, MICE,
 OR OTHER PEST INFESTATIONS, UNLESS A LETTER FROM A LICENSED EXTERMINATOR
 CERTIFIES THAT THE BUILDING IS UNDER CONTRACT TO BE SERVICED MONTHLY;
   (D)  DOES  NOT  HAVE ANY ROOMS OR FACILITIES WHICH CAN BE REACHED ONLY
 THROUGH A PUBLIC AREA, UNLESS THE DWELLING UNIT IS APPROVED  FOR  SINGLE
 ROOM OCCUPANCY USE OR IS A ROOM IN A DWELLING UNIT;
   (E) HAS HEAT AND HOT WATER;
   (F) CONTAINS A PRIVATE KITCHEN OR KITCHENETTE FOR THE EXCLUSIVE USE OF
 THE  TENANT  AND  SUCH  TENANT'S  FAMILY,  UNLESS  THE  DWELLING UNIT IS
 APPROVED FOR SINGLE ROOM OCCUPANCY USE OR IS A ROOM IN A DWELLING UNIT;
   (G) CONTAINS PRIVATE AND FULLY ENCLOSED TOILET AND BATHING  FACILITIES
 FOR THE EXCLUSIVE USE OF THE TENANT AND SUCH TENANT'S FAMILY, UNLESS THE
 DWELLING  UNIT IS APPROVED FOR SINGLE ROOM OCCUPANCY USE OR IS A ROOM IN
 A DWELLING UNIT;
   (H) HAS A WINDOW OR ADEQUATE LIGHT AND VENTILATION IN EACH ROOM PURSU-
 ANT TO THE HOUSING MAINTENANCE CODE OF THE CITY OF NEW YORK;
   (I) COMPLIES WITH ACCESSIBILITY STANDARDS UNDER THE FEDERAL  AMERICANS
 WITH DISABILITIES ACT; AND
   (J)  WHERE  FEASIBLE,  IS  COMPARABLE  TO  THE  DWELLING  UNIT  OF THE
 DISPLACED TENANT IN  TERMS  OF  SQUARE  FOOTAGE,  AMENITIES,  NUMBER  OF
 BEDROOMS, AND BOROUGH LOCATION.
   3. ANY TENANT SUBJECT TO A VACATE ORDER ISSUED DUE TO A FIRE MAY APPLY
 TO  THE  DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT TO ESTABLISH
 REDUCED RENT FOR THE VACATED APARTMENT AT ONE DOLLAR PER MONTH OR ANOTH-
 ER NOMINAL AMOUNT. IF THE DEPARTMENT ESTABLISHES SUCH NOMINAL RENT,  THE
 TENANT SHALL PAY SUCH RENT, WITHOUT INTERRUPTION, TO ESTABLISH AND MAIN-
 TAIN THEIR RIGHT OF FIRST REFUSAL.
   4. ANY TENANT WHO IS EVICTED OR OTHERWISE REMOVED FROM THEIR UNIT AS A
 RESULT  OF  A  VACATE  ORDER  ISSUED DUE TO A FIRE SHALL HAVE A RIGHT OF
 FIRST REFUSAL TO RETURN TO SUCH UNIT AS A TENANT UPON A DETERMINATION BY
 THE DEPARTMENT OF HOUSING PRESERVATION AND CONSERVATION THAT REPAIRS  ON
 THE UNIT ARE COMPLETE AND THAT THE DWELLING UNIT WAS RESTORED WITH AMEN-
 ITIES EQUAL TO OR BETTER THAN BEFORE THE FIRE TOOK PLACE. IN ADDITION TO
 OFFERING  A  RIGHT  OF FIRST REFUSAL TO THE TENANT, THE OWNER SHALL ALSO
 COVER THE REASONABLE COSTS OF MOVING BACK  IN  WITHOUT  IMPOSING  A  NEW
 SECURITY  DEPOSIT.  ANY  TENANT  UNLAWFULLY  DENIED  SUCH RIGHT OF FIRST
 REFUSAL TO RETURN TO SUCH UNIT SHALL HAVE A CAUSE OF ACTION IN ANY COURT
 OF COMPETENT JURISDICTION FOR COMPENSATORY DAMAGES  OR  DECLARATORY  AND
 INJUNCTIVE  RELIEF  AS  THE  COURT  DEEMS  NECESSARY IN THE INTERESTS OF
 JUSTICE, PROVIDED THAT SUCH COMPENSATORY RELIEF  SHALL  NOT  EXCEED  THE
 ANNUAL RENTAL CHARGES FOR SUCH UNIT.
   5.  IF  THE  OWNER FAILS, NEGLECTS, OR REFUSES TO PAY THE RENT FOR THE
 SUITABLE ACCOMMODATION OF A DISPLACED TENANT PURSUANT TO SUBDIVISION ONE
 OF THIS SECTION, THE DEPARTMENT OF HOUSING PRESERVATION AND  DEVELOPMENT
 MAY ADVANCE SUCH RENT PAYMENTS. THE DEPARTMENT SHALL THEN BE ENTITLED TO
 RECOVER  FROM THE OWNER ANY AMOUNT THE DEPARTMENT PAID TO THE TENANT. IN
 ADDITION, THE DEPARTMENT SHALL ALSO BE  ENTITLED  TO  RECOVER  FROM  THE
 OWNER  AN  ADDITIONAL  AMOUNT EQUAL TO THE SUM OF ONE-HALF THE AMOUNT SO
 PAID, BUT NOT TO EXCEED TEN THOUSAND DOLLARS, AS A PENALTY  FOR  FAILURE
 TO MAKE TIMELY PAYMENT TO THE DISPLACED TENANT.
   6.  THE  COMMISSIONER  MAY ADOPT ANY RULES OR REGULATIONS NECESSARY TO
 EFFECTUATE THE PURPOSES OF THIS SECTION.
   § 2. Severability. If any clause,  sentence,  paragraph,  subdivision,
 section  or part of this act shall be adjudged by any court of competent
 jurisdiction to be invalid, such judgment shall not affect,  impair,  or
 invalidate the remainder thereof, but shall be confined in its operation
 S. 3886                             3
 
 to the clause, sentence, paragraph, subdivision, section or part thereof
 directly  involved  in the controversy in which such judgment shall have
 been rendered. It is hereby declared to be the intent of the legislature
 that  this  act  would have been enacted even if such invalid provisions
 had not been included herein.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.