Bill Text: NY A07017 | 2021-2022 | General Assembly | Introduced

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Bill Title: Expands definition of eligible senior citizen and disabled person to include any member of the tenant's household lawfully occupying the premises as his or her residence who is 62 years of age with respect to condominium and cooperative conversion to provide protection to disabled and senior citizen non-purchasing residents of buildings that undergo cooperative or condominium conversions under an eviction plan even where such residents are not tenants of record in the buildings.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to housing [A07017 Detail]

Download: New_York-2021-A07017-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7017

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     April 19, 2021
                                       ___________

        Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
          the Committee on Housing

        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:

     1    Section  1.  Subparagraphs (iii) and (iv) of paragraph (a) of subdivi-
     2  sion 2-a of section 352-e of the general business law, as added by chap-
     3  ter 771 of the laws of 1983, are amended to read as follows:
     4    (iii) "Eligible  senior  citizens".  Non-purchasing  tenants  who  are
     5  sixty-two  years  of  age  or older on the date the attorney general has
     6  accepted the plan for filing, and the spouses of  any  such  tenants  on
     7  such  date,  [and who have elected] or any member of the tenant's house-
     8  hold, lawfully occupying the premises as his or  her  residence  who  is
     9  sixty-two years of age or older on such date, provided, in the case of a
    10  tenant's  household  member,  that  he  or  she has lived in the housing
    11  accommodation as his or her residence for a period of no less  than  one
    12  year  preceding  such  date. The tenant must elect, within sixty days of
    13  the date the attorney general has accepted the plan for filing, on forms
    14  promulgated by the attorney general and presented to such tenants by the
    15  offeror, to become non-purchasing tenants under the provisions  of  this
    16  subdivision;  provided  that  such  election shall not preclude any such
    17  tenant from subsequently purchasing the dwelling unit on the terms  then
    18  offered to tenants in occupancy.
    19    (iv)  "Eligible  disabled persons". Non-purchasing tenants who have an
    20  impairment which results from anatomical, physiological or psychological
    21  conditions, other than addiction to alcohol, gambling, or any controlled
    22  substance, which are demonstrable by medically acceptable  clinical  and
    23  laboratory diagnostic techniques, and which are expected to be permanent
    24  and  which  [prevent the tenant from engaging in any substantial gainful
    25  employment] substantially limit one or more major life activities on the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06302-01-1
        A. 7017                             2

     1  date the attorney general has accepted the  plan  for  filing,  and  the
     2  spouses  of any such tenants on such date, [and who have elected] or any
     3  member of the tenant's household, lawfully occupying the premises as his
     4  or  her residence, who has such an impairment on such date, provided, in
     5  the case of the tenant's household member, that he or she has  lived  in
     6  the  housing  accommodation  as  his or her residence for a period of no
     7  less than one year preceding such date. The tenant  must  elect,  within
     8  sixty  days  of  the date the attorney general has accepted the plan for
     9  filing, on forms promulgated by the attorney general  and  presented  to
    10  such  tenants by the offeror, to become non-purchasing tenants under the
    11  provisions of this subdivision; provided, however, that if the disabili-
    12  ty first occurs after acceptance of  the  plan  for  filing,  then  such
    13  election may be made within sixty days following the onset of such disa-
    14  bility  unless  during the period subsequent to sixty days following the
    15  acceptance of the plan for filing but prior to such election, the  offe-
    16  ror  accepts  a  written agreement to purchase the apartment from a bona
    17  fide purchaser; and  provided  further  that  such  election  shall  not
    18  preclude  any such tenant from subsequently purchasing the dwelling unit
    19  or the shares allocated thereto on the terms then offered to tenants  in
    20  occupancy.
    21    § 2. Paragraphs (f) and (g) of subdivision 1 of section 352-eee of the
    22  general  business  law, as added by chapter 402 of the laws of 1983, are
    23  amended to read as follows:
    24    (f) "Eligible senior citizens". Non-purchasing tenants who are  sixty-
    25  two years of age or older on the date the plan is declared effective and
    26  the  spouses  of  any  such tenants on such date; [provided that] or any
    27  member of the tenant's household, lawfully occupying the premises as his
    28  or her residence who is sixty-two years of age or older  on  such  date,
    29  provided, in the case of a tenant's household member, that he or she has
    30  lived  in the housing accommodation as his or her residence for a period
    31  of no less than one year preceding such date such tenant  shall  not  be
    32  precluded  from  subsequently  purchasing the dwelling unit on the terms
    33  then offered to tenants in occupancy.
    34    (g) "Eligible disabled persons". Non-purchasing tenants  who  have  an
    35  impairment which results from anatomical, physiological or psychological
    36  conditions, other than addiction to alcohol, gambling, or any controlled
    37  substance,  which  are demonstrable by medically acceptable clinical and
    38  laboratory diagnostic techniques, and which are expected to be permanent
    39  and which [prevent the tenant from engaging in any  substantial  gainful
    40  employment] substantially limit one or more major life activities on the
    41  date  the  attorney  general  has  accepted the plan for filing, and the
    42  spouses of any such tenants on such date, [and who have elected] or  any
    43  member of the tenant's household, lawfully occupying the premises as his
    44  or  her  residence who has such an impairment on such date, provided, in
    45  the case of the tenant's household member, that he or she has  lived  in
    46  the  housing  accommodation  as  his or her residence for a period of no
    47  less than one year preceding such date. The tenant  must  elect,  within
    48  sixty  days  of  the date the attorney general has accepted the plan for
    49  filing, on forms promulgated by the attorney general  and  presented  to
    50  such  tenants by the offeror, to become non-purchasing tenants under the
    51  provisions of this section; provided, however, that  if  the  disability
    52  first occurs after acceptance of the plan for filing, then such election
    53  may  be  made  within  sixty days following the onset of such disability
    54  unless during the period subsequent to sixty days following the  accept-
    55  ance  of  the  plan  for  filing but prior to such election, the offeror
    56  accepts a written agreement to purchase the apartment from a  bona  fide
        A. 7017                             3

     1  purchaser;  and  provided  further that such election shall not preclude
     2  any such tenant from subsequently purchasing the dwelling  unit  or  the
     3  shares  allocated  thereto on the terms then offered to tenants in occu-
     4  pancy.
     5    §  3.  Paragraphs  (f) and (g) of subdivision 1 of section 352-eeee of
     6  the general business law, as amended by section 1 of part N  of  chapter
     7  36 of the laws of 2019, are amended to read as follows:
     8    (f)  "Eligible senior citizens". Non-purchasing tenants who are sixty-
     9  two years of age or older on the date  the  plan  is  submitted  to  the
    10  department  of  law or on the date the attorney general has accepted the
    11  plan for filing, and the spouses of any such tenants on such date,  [and
    12  who  have  elected]  or  any  member of the tenant's household, lawfully
    13  occupying the premises as his or her residence who is sixty-two years of
    14  age or older on such date, provided, in the case of a tenant's household
    15  member, that he or she has lived in the housing accommodation as his  or
    16  her residence for a period of no less than one year preceding such date.
    17  The tenant must elect, within sixty days of the date the plan is submit-
    18  ted to the department of law or on the date  the  attorney  general  has
    19  accepted  the  plan  for  filing,  on  forms promulgated by the attorney
    20  general and presented to such tenants by the offeror, to become non-pur-
    21  chasing tenants under the provisions of this section; provided that such
    22  election shall not preclude any such tenant from subsequently purchasing
    23  the dwelling unit on the terms then offered to tenants in occupancy.
    24    (g) "Eligible disabled persons". Non-purchasing tenants  who  have  an
    25  impairment which results from anatomical, physiological or psychological
    26  conditions, other than addiction to alcohol, gambling, or any controlled
    27  substance,  which  are demonstrable by medically acceptable clinical and
    28  laboratory diagnostic techniques, and which are expected to be permanent
    29  and which [prevent the tenant from engaging in any  substantial  gainful
    30  employment]  are  expected to be permanent and which substantially limit
    31  one or more major life activities on the date the plan is  submitted  to
    32  the  department  of law or on the date the attorney general has accepted
    33  the plan for filing, and the spouses of any such tenants on  such  date,
    34  [and  who  have  elected]  or  any member of the   tenant's   household,
    35  lawfully occupying the premises as his or her residence  on  such  date,
    36  provided  in  the case of a tenant's household member,  that  he  or she
    37  has lived in the housing accommodation as his or  her  residence  for  a
    38  period  of  no  less  than one year preceding such date. The tenant must
    39  elect,  within  sixty  days  of  the  date  the plan is submitted to the
    40  department of law or on the date the attorney general has  accepted  the
    41  plan  for  filing,  on  forms  promulgated  by  the attorney general and
    42  presented to such tenants  by  the  offeror,  to  become  non-purchasing
    43  tenants under the provisions of this section; provided, however, that if
    44  the  disability  first  occurs  after acceptance of the plan for filing,
    45  then such election may be made within sixty days following the onset  of
    46  such  disability  unless  during  the  period  subsequent  to sixty days
    47  following the acceptance of the  plan  for  filing  but  prior  to  such
    48  election, the offeror accepts a written agreement to purchase the apart-
    49  ment from a bona fide purchaser; and provided further that such election
    50  shall  not  preclude  any  such  tenant from subsequently purchasing the
    51  dwelling unit or the shares allocated thereto on the terms then  offered
    52  to tenants in occupancy.
    53    § 4. This act shall take effect immediately.