STATE OF NEW YORK ________________________________________________________________________ 8446 2023-2024 Regular Sessions IN ASSEMBLY December 29, 2023 ___________ Introduced by M. of A. SIMONE -- read once and referred to the Committee on Housing 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 the same protected status the unit previously held 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 h to read as follows: 3 h. Notwithstanding any provision of law, rule or regulation to the 4 contrary, if all or a portion of the rent controlled or rent stabilized 5 housing accommodation protected by the emergency tenant protection act 6 of nineteen seventy-four, the emergency housing rent control law, the 7 local emergency housing rent control act, the administrative code of 8 the city of New York and any regulations, rules and policies enacted 9 pursuant thereto, in a residential building are rendered uninhabitable 10 or are vacated due to demolition and new construction or to substantial 11 renovation conducted by or on behalf of the property owner under any of 12 the following circumstances, the property owner shall, upon completion 13 of the new construction or renovation of the building, dedicate an equal 14 number of units, of sizes equivalent to those vacated or rendered 15 uninhabitable, at the rent amount allowable for the units existing 16 prior to the demolition or renovation to the same status the unit 17 previously held as rent controlled or rent stabilized housing accommo- 18 dation protected by the emergency tenant protection act of nineteen 19 seventy-four, the emergency housing rent control law, the local emer- 20 gency housing rent control act, the administrative code of the city 21 of New York and any regulations, rules and policies enacted pursuant EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05389-04-3
A. 8446 2 1 thereto. The tenant or tenants in possession immediately prior to such 2 demolition or substantial renovation shall have the right of first 3 refusal for the occupation of such units: 4 (1) demolition or substantial renovation conducted after the property 5 owner filed an application for a building permit with the department of 6 buildings falsely reporting that no tenants occupied the building 7 proposed for demolition or substantial renovation, when tenants, in 8 fact, did occupy the building; or 9 (2) demolition or substantial renovation necessitated due to the 10 negligence of the owner and/or landlord; or 11 (3) demolition or substantial renovation necessitated by illegal code 12 violations; or 13 (4) demolition or substantial renovation authorized pursuant to a 14 project as defined by section three of the urban development corporation 15 act. 16 § 2. Section 6 of section 4 of chapter 576 of the laws of 1974, 17 constituting the emergency tenant protection act of nineteen seventy- 18 four, is amended by adding a new subdivision h to read as follows: 19 h. Notwithstanding any provision of law, rule or regulation to the 20 contrary, if all or a portion of the rent controlled or rent stabilized 21 housing accommodation protected by the emergency tenant protection act 22 of nineteen seventy-four, the emergency housing rent control law, the 23 local emergency housing rent control act, the administrative code of 24 the city of New York and any regulations, rules and policies enacted 25 pursuant thereto, in a residential building are rendered uninhabitable 26 or are vacated due to demolition and new construction or to substantial 27 renovation conducted by or on behalf of the property owner under any of 28 the following circumstances: 29 (1) demolition or substantial renovation conducted after the property 30 owner filed an application for a building permit with the department of 31 buildings falsely reporting that no tenants occupied the building 32 proposed for demolition or substantial renovation, when tenants, in 33 fact, did occupy the building; or 34 (2) demolition or substantial renovation necessitated due to the 35 negligence of the owner and/or landlord; or 36 (3) demolition or substantial renovation necessitated by illegal code 37 violations; or 38 (4) demolition or substantial renovation authorized pursuant to a 39 project as defined by section three of the urban development corporation 40 act, the property owner shall, upon completion of the new construction 41 or renovation of the building, dedicate an equal number of units, of 42 sizes equivalent to those vacated or rendered uninhabitable, at the 43 rent amount allowable for the units existing prior to the demo- 44 lition or renovation to the same status the unit previously held as 45 rent controlled or rent stabilized housing accommodation protected by 46 the emergency tenant protection act of nineteen seventy-four, the 47 emergency housing rent control law, the local emergency housing rent 48 control act, the administrative code of the city of New York and 49 any regulations, rules and policies enacted pursuant thereto. The tenant 50 or tenants in possession immediately prior to such demolition or 51 substantial renovation shall have the right of first refusal for the 52 occupation of such units. 53 § 3. Section 5 of chapter 274 of the laws of 1946, constituting the 54 emergency housing rent control law, is amended by adding a new subdivi- 55 sion 9 to read as follows:
A. 8446 3 1 9. Notwithstanding any provision of law, rule or regulation to the 2 contrary, if all or a portion of the rent controlled or rent stabilized 3 housing accommodation protected by the emergency tenant protection act 4 of nineteen seventy-four, the emergency housing rent control law, the 5 local emergency housing rent control act, the administrative code of 6 the city of New York and any regulations, rules and policies enacted 7 pursuant thereto, in a residential building are rendered uninhabitable 8 or are vacated due to demolition and new construction or to substantial 9 renovation conducted by or on behalf of the property owner under any of 10 the following circumstances: 11 (a) demolition or substantial renovation conducted after the property 12 owner filed an application for a building permit with the department of 13 buildings falsely reporting that no tenants occupied the building 14 proposed for demolition or substantial renovation, when tenants, in 15 fact, did occupy the building; or 16 (b) demolition or substantial renovation necessitated due to the 17 negligence of the owner and/or landlord; or 18 (c) demolition or substantial renovation necessitated by illegal code 19 violations; or 20 (d) demolition or substantial renovation authorized pursuant to a 21 project as defined by section three of the urban development corporation 22 act, the property owner shall, upon completion of the new construction 23 or renovation of the building, dedicate an equal number of units, of 24 sizes equivalent to those vacated or rendered uninhabitable, at the 25 rent amount allowable for the units existing prior to the demo- 26 lition or renovation to the same status the unit previously held as 27 rent controlled or rent stabilized housing accommodation protected by 28 the emergency tenant protection act of nineteen seventy-four, the 29 emergency housing rent control law, the local emergency housing rent 30 control act, the administrative code of the city of New York and 31 any regulations, rules and policies enacted pursuant thereto. The 32 tenant or tenants in possession immediately prior to such demolition or 33 substantial renovation shall have the right of first refusal for the 34 occupation of such units. 35 § 4. This act shall take effect immediately; provided, however, that 36 the amendments to section 26-512 of chapter 4 of title 26 of the admin- 37 istrative code of the city of New York made by section one of this act 38 shall expire on the same date as such law expires and shall not affect 39 the expiration of such law as provided under section 26-520 of such law.