Bill Text: NY S08887 | 2023-2024 | General Assembly | Amended
Bill Title: Prohibits persons whose income is greater than one hundred twenty-five percent of the area median income from occupying certain housing accommodations.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced) 2024-03-26 - PRINT NUMBER 8887A [S08887 Detail]
Download: New_York-2023-S08887-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8887--A IN SENATE March 25, 2024 ___________ Introduced by Sens. MARTINS, RHOADS -- 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 commit- tee AN ACT to amend the emergency tenant protection act of nineteen seven- ty-four, the emergency housing rent control law and the administrative code of the city of New York, in relation to establishing tenant eligibility for certain housing accommodations The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 10 of section 4 of chapter 576 of the laws of 1974, 2 constituting the emergency tenant protection act of nineteen seventy- 3 four, is amended by adding a new subdivision d to read as follows: 4 d. Notwithstanding any provisions of law to the contrary, any person, 5 or persons, whose income exceeds one hundred twenty-five percent of area 6 median income shall be ineligible to occupy any housing accommodation 7 subject to this act. 8 (1) The division of homes and community renewal and the department of 9 taxation and finance shall promulgate rules and regulations necessary to 10 implement this subdivision, provided however, such rules and regulations 11 shall include holding the owner, or such owner's agent, of the housing 12 accommodation harmless for any violation of this subdivision. 13 (2) A tenant found by a court of competent jurisdiction to have will- 14 fully violated this subdivision, including, but not limited to, by 15 providing the owner, or such owner's agent false income documentation in 16 an effort to obtain tenancy of the housing accommodation, shall be 17 subject to a civil penalty not to exceed five hundred dollars per day of 18 illegal occupancy, provided however, that a tenant who currently occu- 19 pies a housing accommodation subject to this act, and whose income 20 exceeds the threshold provided in this subdivision, shall be exempt from 21 civil penalties and shall not be evicted on the grounds of a violation 22 of this subdivision for the duration of the most recent lease agreement 23 executed prior to the effective date of this subdivision. After the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14991-02-4S. 8887--A 2 1 duration of the most recent lease agreement executed prior to the effec- 2 tive date of this subdivision has ended, continued violation of this 3 subdivision by the tenant, as determined by a court of competent juris- 4 diction, shall constitute grounds for eviction. 5 (3) A tenant who lawfully occupies a housing accommodation subject to 6 this act, and whose income increased above one hundred twenty-five 7 percent of area median income, shall be exempt from civil penalties and 8 shall not be evicted on the grounds of a violation of this subdivision 9 for the duration of the most recent lease agreement executed prior to 10 the increase in income. After the duration of the most recent lease 11 agreement executed prior to the increase in income has ended, continued 12 violation of this subdivision by the tenant, as determined by a court of 13 competent jurisdiction, shall constitute grounds for eviction. 14 (4) Any person who inherits tenancy through successorship as defined 15 in section 24-04 of title twenty-eight of the rules of the city of New 16 York, must meet the income eligibility requirements as defined in this 17 subdivision, in order to occupy the housing accommodation. Notwith- 18 standing any other provisions of law, should said person be ineligible 19 as defined in this subdivision, such application for tenancy by succes- 20 sorship shall be denied. 21 § 2. Section 10 of chapter 274 of the laws of 1946, constituting the 22 emergency housing rent control law, is amended by adding a new subdivi- 23 sion 6 to read as follows: 24 6. Notwithstanding any provisions of law to the contrary, any person, 25 or persons, whose income exceeds one hundred twenty-five percent of area 26 median income shall be ineligible to occupy any housing accommodation 27 subject to this act. 28 (a) The division of homes and community renewal and the department of 29 taxation and finance shall promulgate rules and regulations necessary to 30 implement this subdivision, provided however, such rules and regulations 31 shall include holding the owner, or such owner's agent, of the housing 32 accommodation harmless for any violation of this subdivision. 33 (b) A tenant found by a court of competent jurisdiction to have will- 34 fully violated this subdivision, including but not limited to, by 35 providing the owner, or such owner's agent false income documentation in 36 an effort to obtain tenancy of the housing accommodation, shall be 37 subject to a civil penalty not to exceed five hundred dollars per day of 38 illegal occupancy, provided however, that a tenant who currently occu- 39 pies a housing accommodation subject to this act, and whose income 40 exceeds the threshold provided in this subdivision, shall be exempt from 41 civil penalties and shall not be evicted on the grounds of a violation 42 of this subdivision for the duration of the most recent lease agreement 43 executed prior to the effective date of this subdivision. After the 44 duration of the most recent lease agreement executed prior to the effec- 45 tive date of this subdivision has ended, continued violation of this 46 subdivision by the tenant, as determined by a court of competent juris- 47 diction, shall constitute grounds for eviction. 48 (c) A tenant who lawfully occupies a housing accommodation subject to 49 this act, and whose income increased above one hundred twenty-five 50 percent of area median income, shall be exempt from civil penalties and 51 shall not be evicted on the grounds of a violation of this subdivision 52 for the duration of the most recent lease agreement executed prior to 53 the increase in income. After the duration of the most recent lease 54 agreement executed prior to the increase in income has ended, continued 55 violation of this subdivision by the tenant, as determined by a court of 56 competent jurisdiction, shall constitute grounds for eviction.S. 8887--A 3 1 (d) Any person who inherits tenancy through successorship as defined 2 in section 24-04 of title twenty-eight of the rules of the city of New 3 York, must meet the income eligibility requirements as defined in this 4 subdivision, in order to occupy the housing accommodation. Notwith- 5 standing any other provisions of law, should said person be ineligible 6 as defined in this subdivision, such application for tenancy by succes- 7 sorship shall be denied. 8 § 3. The administrative code of the city of New York is amended by 9 adding a new section 26-418 to read as follows: 10 § 26-418 Means testing. a. The division of homes and community 11 renewal and the department of taxation and finance shall promulgate 12 rules and regulations necessary to implement this section, provided 13 however, such rules and regulations shall include holding the owner, or 14 such owner's agent, of the housing accommodation harmless for any 15 violation of this section. 16 b. A tenant found by a court of competent jurisdiction to have will- 17 fully violated this section, including but not limited to, by providing 18 the owner, or such owner's agent false income documentation in an effort 19 to obtain tenancy of the housing accommodation, shall be subject to a 20 civil penalty not to exceed five hundred dollars per day of illegal 21 occupancy, provided however, that a tenant who currently occupies a 22 housing accommodation subject to the emergency tenant protection act of 23 nineteen seventy-four, and whose income exceeds the threshold provided 24 in this section, shall be exempt from civil penalties and shall not be 25 evicted on the grounds of a violation of this section for the duration 26 of the most recent lease agreement executed prior to the effective date 27 of this section. After the duration of the most recent lease agreement 28 executed prior to the effective date of this subdivision has ended, 29 continued violation of this section by the tenant, as determined by a 30 court of competent jurisdiction, shall constitute grounds for eviction. 31 c. A tenant who lawfully occupies a housing accommodation subject to 32 the emergency tenant protection act of nineteen seventy-four, and whose 33 income increased above one hundred twenty-five percent of area median 34 income, shall be exempt from civil penalties and shall not be evicted on 35 the grounds of a violation of this section for the duration of the most 36 recent lease agreement executed prior to the increase in income. After 37 the duration of the most recent lease agreement executed prior to the 38 increase in income has ended, continued violation of this section by the 39 tenant, as determined by a court of competent jurisdiction, shall 40 constitute grounds for eviction. 41 d. Any person who inherits tenancy through successorship as defined in 42 section 24-04 of title twenty-eight of the rules of the city of New 43 York, must meet the income eligibility requirements as defined in this 44 section, in order to occupy the housing accommodation. Notwithstanding 45 any other provisions of law, should said person be ineligible as defined 46 in this section, such application for tenancy by successorship shall be 47 denied. 48 § 4. Section 26-512 of the administrative code of the city of New York 49 is amended by adding a new subdivision h to read as follows: 50 h. Notwithstanding any provisions of law to the contrary, beginning 51 January first, two thousand twenty-seven, dwelling units subject to this 52 chapter as prescribed in section 26-504 of this chapter shall be rented 53 to persons whose adjusted gross income is less than one hundred twenty- 54 five percent of area median income. 55 (1) The division of homes and community renewal and the department of 56 taxation and finance shall promulgate rules and regulations necessary toS. 8887--A 4 1 implement this subdivision, provided however, such rules and regulations 2 shall include holding the owner of the dwelling unit harmless for any 3 violation of this subdivision. 4 (2) A tenant found by a court of competent jurisdiction to have will- 5 fully violated this paragraph shall be subject to a civil penalty not to 6 exceed five hundred dollars per day of illegal occupancy, provided 7 however, that a tenant who currently occupies a dwelling unit subject to 8 the emergency tenant protection act of nineteen seventy-four, and whose 9 income exceeds the threshold provided in this paragraph, shall be exempt 10 from civil penalties and shall not be evicted on the grounds of a 11 violation of this subdivision for the duration of the most recent lease 12 agreement executed prior to the effective date of this subdivision. 13 After the duration of the most recent lease agreement executed prior to 14 the effective date of this subdivision has ended, continued violation of 15 this subdivision by the tenant, as determined by a court of competent 16 jurisdiction, shall constitute grounds for eviction. 17 (3) A tenant who lawfully occupies a dwelling unit subject to the 18 emergency tenant protection act of nineteen seventy-four, and whose 19 income increased above one hundred twenty-five percent of area median 20 income, shall be exempt from civil penalties and shall not be evicted on 21 the grounds of a violation of this subdivision for the duration of the 22 most recent lease agreement executed prior to the increase in income. 23 After the duration of the most recent lease agreement executed prior to 24 the increase in income has ended, continued violation of this subdivi- 25 sion by the tenant, as determined by a court of competent jurisdiction, 26 shall constitute grounds for eviction. 27 (4) Any person who inherits tenancy through successorship as defined 28 in section 24-04 of title twenty-eight of the rules of the city of New 29 York, must meet the income eligibility requirements as defined in this 30 subdivision, in order to occupy the dwelling unit. Notwithstanding any 31 other provisions of law, should said person be ineligible as defined in 32 this subdivision, such application for tenancy by successorship shall be 33 denied. 34 § 5. The division of homes and community renewal, in conjunction with 35 the department of taxation and finance, shall promulgate rules and regu- 36 lations necessary for the implementation of this act. 37 § 6. This act shall take effect immediately; provided that the addi- 38 tion of section 26-418 of the city rent and rehabilitation law made by 39 section three of this act shall remain in full force and effect only as 40 long as the public emergency requiring the regulation and control of 41 residential rents and evictions continues, as provided in subdivision 3 42 of section 1 of the local emergency housing rent control act; and 43 provided, further that the amendments to section 26-512 of chapter 4 of 44 title 26 of the administrative code of the city of New York made by 45 section four of this act shall expire on the same date as such law 46 expires and shall not affect the expiration of such law as provided 47 under section 26-520 of such law.
