Bill Text: NY S00367 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           367

                               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

        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:
    13    (1)  demolition or substantial renovation conducted after the property
    14  owner filed an application for a building permit with the department  of
    15  buildings  falsely  reporting  that  no  tenants  occupied  the building
    16  proposed for demolition or  substantial  renovation,  when  tenants,  in
    17  fact, did occupy the building; or
    18    (2)  demolition  or  substantial  renovation  necessitated  due to the
    19  negligence of the owner and/or landlord; or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02827-01-1
        S. 367                              2

     1    (3) demolition or substantial renovation necessitated by illegal  code
     2  violations.
     3    §  2.  Section  6  of  section  4  of chapter 576 of the laws of 1974,
     4  constituting the emergency tenant protection act  of  nineteen  seventy-
     5  four, is amended by adding a new subdivision g to read as follows:
     6    g.  Notwithstanding  any  provision  of law, rule or regulation to the
     7  contrary, if all or a portion of the rent regulated units in a  residen-
     8  tial  building  are rendered uninhabitable or are vacated due to demoli-
     9  tion and new construction or to substantial renovation conducted  by  or
    10  on  behalf  of  the  property  owner  under any of the following circum-
    11  stances,  the  property  owner  shall,  upon  completion  of   the   new
    12  construction  or  renovation of the building, dedicate to rent regulated
    13  status an equal number of units, of sizes equivalent to those vacated or
    14  rendered uninhabitable, at the  rent  amount  allowable  for  the  units
    15  existing prior to the demolition or renovation:
    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
    19  proposed for demolition or  substantial  renovation,  when  tenants,  in
    20  fact, did occupy the building; or
    21    (2)  demolition  or  substantial  renovation  necessitated  due to the
    22  negligence of the owner and/or landlord; or
    23    (3) demolition or substantial renovation necessitated by illegal  code
    24  violations.
    25    §  3.  Section  5 of chapter 274 of the laws of 1946, constituting the
    26  emergency housing rent control law, is amended by adding a new  subdivi-
    27  sion 9 to read as follows:
    28    9.  Notwithstanding  any  provision  of law, rule or regulation to the
    29  contrary, if all or a portion of the rent regulated units in a  residen-
    30  tial  building  are rendered uninhabitable or are vacated due to demoli-
    31  tion and new construction or to substantial renovation conducted  by  or
    32  on  behalf  of  the  property  owner  under any of the following circum-
    33  stances,  the  property  owner  shall,  upon  completion  of   the   new
    34  construction  or  renovation of the building, dedicate to rent regulated
    35  status an equal number of units, of sizes equivalent to those vacated or
    36  rendered uninhabitable, at the  rent  amount  allowable  for  the  units
    37  existing prior to the demolition or renovation:
    38    (a)  demolition or substantial renovation conducted after the property
    39  owner filed an application for a building permit with the department  of
    40  buildings  falsely  reporting  that  no  tenants  occupied  the building
    41  proposed for demolition or  substantial  renovation,  when  tenants,  in
    42  fact, did occupy the building; or
    43    (b)  demolition  or  substantial  renovation  necessitated  due to the
    44  negligence of the owner and/or landlord; or
    45    (c) demolition or substantial renovation necessitated by illegal  code
    46  violations.
    47    §  4.  This act shall take effect immediately; provided, however, that
    48  the amendments to section 26-512 of chapter 4 of title 26 of the  admin-
    49  istrative  code  of the city of New York made by section one of this act
    50  shall expire on the same date as such law expires and shall  not  affect
    51  the expiration of such law as provided under section 26-520 of such law.