STATE OF NEW YORK ________________________________________________________________________ 9357 IN SENATE May 13, 2024 ___________ Introduced by Sen. CLEARE -- 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 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 such person's 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 such person has lived in the housing 11 accommodation as such person's residence for a period of no less than 12 one year preceding such date. The tenant must elect, within sixty days 13 of the date the attorney general has accepted the plan for filing, on 14 forms promulgated by the attorney general and presented to such tenants 15 by the offeror, to become non-purchasing tenants under the provisions of 16 this subdivision; provided that such election shall not preclude any 17 such tenant from subsequently purchasing the dwelling unit on the terms 18 then 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 26 date the attorney general has accepted the plan for filing, and the 27 spouses of any such tenants on such date, [and who have elected] or any EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03387-03-4
S. 9357 2 1 member of the tenant's household, lawfully occupying the premises as 2 such person's residence, who has such an impairment on such date, 3 provided, in the case of the tenant's household member, that such person 4 has lived in the housing accommodation as such person's residence for a 5 period of no less than one year preceding such date. The tenant must 6 elect, within sixty days of the date the attorney general has accepted 7 the plan for filing, on forms promulgated by the attorney general and 8 presented to such tenants by the offeror, to become non-purchasing 9 tenants under the provisions of this subdivision; provided, however, 10 that if the disability first occurs after acceptance of the plan for 11 filing, then such election may be made within sixty days following the 12 onset of such disability unless during the period subsequent to sixty 13 days following the acceptance of the plan for filing but prior to such 14 election, the offeror accepts a written agreement to purchase the apart- 15 ment from a bona fide purchaser; and provided further that such election 16 shall not preclude any such tenant from subsequently purchasing the 17 dwelling unit or the shares allocated thereto on the terms then offered 18 to tenants in occupancy. 19 § 2. Paragraphs (f) and (g) of subdivision 1 of section 352-eee of the 20 general business law, as added by chapter 402 of the laws of 1983, are 21 amended to read as follows: 22 (f) "Eligible senior citizens". Non-purchasing tenants who are sixty- 23 two years of age or older on the date the plan is declared effective and 24 the spouses of any such tenants on such date; [provided that] or any 25 member of the tenant's household, lawfully occupying the premises as 26 such person's residence who is sixty-two years of age or older on such 27 date, provided, in the case of a tenant's household member, that such 28 person has lived in the housing accommodation as such person's residence 29 for a period of no less than one year preceding such date such tenant 30 shall not be precluded from subsequently purchasing the dwelling unit on 31 the terms then offered to tenants in occupancy. 32 (g) "Eligible disabled persons". Non-purchasing tenants who have an 33 impairment which results from anatomical, physiological or psychological 34 conditions, other than addiction to alcohol, gambling, or any controlled 35 substance, which are demonstrable by medically acceptable clinical and 36 laboratory diagnostic techniques, and which are expected to be permanent 37 and which [prevent the tenant from engaging in any substantial gainful 38 employment] substantially limit one or more major life activities on the 39 date the attorney general has accepted the plan for filing, and the 40 spouses of any such tenants on such date, [and who have elected] or any 41 member of the tenant's household, lawfully occupying the premises as 42 such person's residence who has such an impairment on such date, 43 provided, in the case of the tenant's household member, that such person 44 has lived in the housing accommodation as such person's residence for a 45 period of no less than one year preceding such date. The tenant must 46 elect, within sixty days of the date the attorney general has accepted 47 the plan for filing, on forms promulgated by the attorney general and 48 presented to such tenants by the offeror, to become non-purchasing 49 tenants under the provisions of this section; provided, however, that if 50 the disability first occurs after acceptance of the plan for filing, 51 then such election may be made within sixty days following the onset of 52 such disability unless during the period subsequent to sixty days 53 following the acceptance of the plan for filing but prior to such 54 election, the offeror accepts a written agreement to purchase the apart- 55 ment from a bona fide purchaser; and provided further that such election 56 shall not preclude any such tenant from subsequently purchasing the
S. 9357 3 1 dwelling unit or the shares allocated thereto on the terms then offered 2 to tenants in occupancy. 3 § 3. Paragraphs (f) and (g) of subdivision 1 of section 352-eeee of 4 the general business law, as amended by section 1 of part N of chapter 5 36 of the laws of 2019, are amended to read as follows: 6 (f) "Eligible senior citizens". Non-purchasing tenants who are sixty- 7 two years of age or older on the date the plan is submitted to the 8 department of law or on the date the attorney general has accepted the 9 plan for filing, and the spouses of any such tenants on such date, [and 10 who have elected] or any member of the tenant's household, lawfully 11 occupying the premises as such person's residence who is sixty-two years 12 of age or older on such date, provided, in the case of a tenant's house- 13 hold member, that such person has lived in the housing accommodation as 14 such person's residence for a period of no less than one year preceding 15 such date. The tenant must elect, within sixty days of the date the plan 16 is submitted to the department of law or on the date the attorney gener- 17 al has accepted the plan for filing, on forms promulgated by the attor- 18 ney general and presented to such tenants by the offeror, to become 19 non-purchasing tenants under the provisions of this section; provided 20 that such election shall not preclude any such tenant from subsequently 21 purchasing the dwelling unit on the terms then offered to tenants in 22 occupancy. 23 (g) "Eligible disabled persons". Non-purchasing tenants who have an 24 impairment which results from anatomical, physiological or psychological 25 conditions, other than addiction to alcohol, gambling, or any controlled 26 substance, which are demonstrable by medically acceptable clinical and 27 laboratory diagnostic techniques, and which are expected to be permanent 28 and which [prevent the tenant from engaging in any substantial gainful 29 employment] are expected to be permanent and which substantially limit 30 one or more major life activities on the date the plan is submitted to 31 the department of law or on the date the attorney general has accepted 32 the plan for filing, and the spouses of any such tenants on such date, 33 [and who have elected] or any member of the tenant's household, 34 lawfully occupying the premises as such person's residence on such date, 35 provided in the case of a tenant's household member, that such person 36 has lived in the housing accommodation as such person's residence for a 37 period of no less than one year preceding such date. The tenant must 38 elect, within sixty days of the date the plan is submitted to the 39 department of law or on the date the attorney general has accepted the 40 plan for filing, on forms promulgated by the attorney general and 41 presented to such tenants by the offeror, to become non-purchasing 42 tenants under the provisions of this section; provided, however, that if 43 the disability first occurs after acceptance of the plan for filing, 44 then such election may be made within sixty days following the onset of 45 such disability unless during the period subsequent to sixty days 46 following the acceptance of the plan for filing but prior to such 47 election, the offeror accepts a written agreement to purchase the apart- 48 ment from a bona fide purchaser; and provided further that such election 49 shall not preclude any such tenant from subsequently purchasing the 50 dwelling unit or the shares allocated thereto on the terms then offered 51 to tenants in occupancy. 52 § 4. This act shall take effect immediately.