Bill Text: NY S00367 | 2021-2022 | General Assembly | Amended
Bill Title: Requires property owners to dedicate certain residential units to rent regulated status following demolition and new construction or substantial renovation.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S00367 Detail]
Download: New_York-2021-S00367-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 367--A 2021-2022 Regular Sessions IN SENATE (Prefiled) January 6, 2021 ___________ Introduced by Sens. HOYLMAN, BAILEY, KRUEGER, SEPULVEDA, SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the administrative code of the city of New York, the emergency tenant protection act of nineteen seventy-four and the emer- gency housing rent control law, in relation to requiring property owners to dedicate certain residential units to rent regulated status following demolition and new construction or substantial renovation The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 26-512 of the administrative code of the city of 2 New York is amended by adding a new subdivision f to read as follows: 3 f. Notwithstanding any provision of law, rule or regulation to the 4 contrary, if all or a portion of the rent regulated units in a residen- 5 tial building are rendered uninhabitable or are vacated due to demoli- 6 tion and new construction or to substantial renovation conducted by or 7 on behalf of the property owner under any of the following circum- 8 stances, the property owner shall, upon completion of the new 9 construction or renovation of the building, dedicate to rent regulated 10 status an equal number of units, of sizes equivalent to those vacated or 11 rendered uninhabitable, at the rent amount allowable for the units 12 existing prior to the demolition or renovation, and the tenant or 13 tenants in possession immediately prior to such demolition or substan- 14 tial renovation shall have the right of first refusal for the occupation 15 of such units: 16 (1) demolition or substantial renovation conducted after the property 17 owner filed an application for a building permit with the department of 18 buildings falsely reporting that no tenants occupied the building EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02827-02-1S. 367--A 2 1 proposed for demolition or substantial renovation, when tenants, in 2 fact, did occupy the building; or 3 (2) demolition or substantial renovation necessitated due to the 4 negligence of the owner and/or landlord; or 5 (3) demolition or substantial renovation necessitated by illegal code 6 violations; or 7 (4) demolition or substantial renovation authorized pursuant to a 8 project as defined by section three of the urban development corporation 9 act. 10 § 2. Section 6 of section 4 of chapter 576 of the laws of 1974, 11 constituting the emergency tenant protection act of nineteen seventy- 12 four, is amended by adding a new subdivision g to read as follows: 13 g. Notwithstanding any provision of law, rule or regulation to the 14 contrary, if all or a portion of the rent regulated units in a residen- 15 tial building are rendered uninhabitable or are vacated due to demoli- 16 tion and new construction or to substantial renovation conducted by or 17 on behalf of the property owner under any of the following circum- 18 stances, the property owner shall, upon completion of the new 19 construction or renovation of the building, dedicate to rent regulated 20 status an equal number of units, of sizes equivalent to those vacated or 21 rendered uninhabitable, at the rent amount allowable for the units 22 existing prior to the demolition or renovation, and the tenant or 23 tenants in possession immediately prior to such demolition or substan- 24 tial renovation shall have the right of first refusal for the occupation 25 of such units: 26 (1) demolition or substantial renovation conducted after the property 27 owner filed an application for a building permit with the department of 28 buildings falsely reporting that no tenants occupied the building 29 proposed for demolition or substantial renovation, when tenants, in 30 fact, did occupy the building; or 31 (2) demolition or substantial renovation necessitated due to the 32 negligence of the owner and/or landlord; or 33 (3) demolition or substantial renovation necessitated by illegal code 34 violations; or 35 (4) demolition or substantial renovation authorized pursuant to a 36 project as defined by section three of the urban development corporation 37 act. 38 § 3. Section 5 of chapter 274 of the laws of 1946, constituting the 39 emergency housing rent control law, is amended by adding a new subdivi- 40 sion 9 to read as follows: 41 9. Notwithstanding any provision of law, rule or regulation to the 42 contrary, if all or a portion of the rent regulated units in a residen- 43 tial building are rendered uninhabitable or are vacated due to demoli- 44 tion and new construction or to substantial renovation conducted by or 45 on behalf of the property owner under any of the following circum- 46 stances, the property owner shall, upon completion of the new 47 construction or renovation of the building, dedicate to rent regulated 48 status an equal number of units, of sizes equivalent to those vacated or 49 rendered uninhabitable, at the rent amount allowable for the units 50 existing prior to the demolition or renovation, and the tenant or 51 tenants in possession immediately prior to such demolition or substan- 52 tial renovation shall have the right of first refusal for the occupation 53 of such units: 54 (a) demolition or substantial renovation conducted after the property 55 owner filed an application for a building permit with the department of 56 buildings falsely reporting that no tenants occupied the buildingS. 367--A 3 1 proposed for demolition or substantial renovation, when tenants, in 2 fact, did occupy the building; or 3 (b) demolition or substantial renovation necessitated due to the 4 negligence of the owner and/or landlord; or 5 (c) demolition or substantial renovation necessitated by illegal code 6 violations; or 7 (d) demolition or substantial renovation authorized pursuant to a 8 project as defined by section three of the urban development corporation 9 act. 10 § 4. This act shall take effect immediately; provided, however, that 11 the amendments to section 26-512 of chapter 4 of title 26 of the admin- 12 istrative code of the city of New York made by section one of this act 13 shall expire on the same date as such law expires and shall not affect 14 the expiration of such law as provided under section 26-520 of such law.
