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Senate Bill S8891

2025-2026 Legislative Session

Establishes income eligibility requirements for occupancy of rent-regulated housing accommodations

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

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2025-S8891 (ACTIVE) - Details

Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Emergency Tenant Protection Act of 1974
Laws Affected:
Amd §10, Emerg Ten Prot Act of 1974; amd §10, Emerg Hous Rent Cont L; add §26-418, amd §26-512, NYC Ad Cd

2025-S8891 (ACTIVE) - Summary

Establishes income eligibility requirements that a tenant shall have income not to exceed one hundred twenty-five percent of the area median income to be eligible to occupy certain rent-regulated housing accommodations.

2025-S8891 (ACTIVE) - Sponsor Memo

2025-S8891 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8891
 
                             I N  S E N A T E
 
                             January 13, 2026
                                ___________
 
 Introduced  by  Sen. MARTINS -- 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, 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-
              

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