STATE OF NEW YORK ________________________________________________________________________ 3758 2025-2026 Regular Sessions IN SENATE January 29, 2025 ___________ 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08141-01-5
S. 3758 2 1 employment] substantially limit one or more major life activities on the 2 date the attorney general has accepted the plan for filing, and the 3 spouses of any such tenants on such date, [and who have elected] or any 4 member of the tenant's household, lawfully occupying the premises as 5 such person's residence, who has such an impairment on such date, 6 provided, in the case of the tenant's household member, that such person 7 has lived in the housing accommodation as such person's residence for a 8 period of no less than one year preceding such date. The tenant must 9 elect, within sixty days of the date the attorney general has accepted 10 the plan for filing, on forms promulgated by the attorney general and 11 presented to such tenants by the offeror, to become non-purchasing 12 tenants under the provisions of this subdivision; provided, however, 13 that if the disability first occurs after acceptance of the plan for 14 filing, then such election may be made within sixty days following the 15 onset of such disability unless during the period subsequent to sixty 16 days following the acceptance of the plan for filing but prior to such 17 election, the offeror accepts a written agreement to purchase the apart- 18 ment from a bona fide purchaser; and provided further that such election 19 shall not preclude any such tenant from subsequently purchasing the 20 dwelling unit or the shares allocated thereto on the terms then offered 21 to tenants in occupancy. 22 § 2. Paragraphs (f) and (g) of subdivision 1 of section 352-eee of the 23 general business law, as added by chapter 402 of the laws of 1983, are 24 amended to read as follows: 25 (f) "Eligible senior citizens". Non-purchasing tenants who are sixty- 26 two years of age or older on the date the plan is declared effective and 27 the spouses of any such tenants on such date; [provided that] or any 28 member of the tenant's household, lawfully occupying the premises as 29 such person's residence who is sixty-two years of age or older on such 30 date, provided, in the case of a tenant's household member, that such 31 person has lived in the housing accommodation as such person's residence 32 for a period of no less than one year preceding such date such tenant 33 shall not be precluded from subsequently purchasing the dwelling unit on 34 the terms then offered to tenants in occupancy. 35 (g) "Eligible disabled persons". Non-purchasing tenants who have an 36 impairment which results from anatomical, physiological or psychological 37 conditions, other than addiction to alcohol, gambling, or any controlled 38 substance, which are demonstrable by medically acceptable clinical and 39 laboratory diagnostic techniques, and which are expected to be permanent 40 and which [prevent the tenant from engaging in any substantial gainful 41 employment] substantially limit one or more major life activities on the 42 date the attorney general has accepted the plan for filing, and the 43 spouses of any such tenants on such date, [and who have elected] or any 44 member of the tenant's household, lawfully occupying the premises as 45 such person's residence who has such an impairment on such date, 46 provided, in the case of the tenant's household member, that such person 47 has lived in the housing accommodation as such person's residence for a 48 period of no less than one year preceding such date. The tenant must 49 elect, within sixty days of the date the attorney general has accepted 50 the plan for filing, on forms promulgated by the attorney general and 51 presented to such tenants by the offeror, to become non-purchasing 52 tenants under the provisions of this section; provided, however, that if 53 the disability first occurs after acceptance of the plan for filing, 54 then such election may be made within sixty days following the onset of 55 such disability unless during the period subsequent to sixty days 56 following the acceptance of the plan for filing but prior to such
S. 3758 3 1 election, the offeror accepts a written agreement to purchase the apart- 2 ment from a bona fide purchaser; and provided further that such election 3 shall not preclude any such tenant from subsequently purchasing the 4 dwelling unit or the shares allocated thereto on the terms then offered 5 to tenants in occupancy. 6 § 3. Paragraphs (f) and (g) of subdivision 1 of section 352-eeee of 7 the general business law, as amended by section 1 of part N of chapter 8 36 of the laws of 2019, are amended to read as follows: 9 (f) "Eligible senior citizens". Non-purchasing tenants who are sixty- 10 two years of age or older on the date the plan is submitted to the 11 department of law or on the date the attorney general has accepted the 12 plan for filing, and the spouses of any such tenants on such date, [and 13 who have elected] or any member of the tenant's household, lawfully 14 occupying the premises as such person's residence who is sixty-two years 15 of age or older on such date, provided, in the case of a tenant's house- 16 hold member, that such person has lived in the housing accommodation as 17 such person's residence for a period of no less than one year preceding 18 such date. The tenant must elect, within sixty days of the date the plan 19 is submitted to the department of law or on the date the attorney gener- 20 al has accepted the plan for filing, on forms promulgated by the attor- 21 ney general and presented to such tenants by the offeror, to become 22 non-purchasing tenants under the provisions of this section; provided 23 that such election shall not preclude any such tenant from subsequently 24 purchasing the dwelling unit on the terms then offered to tenants in 25 occupancy. 26 (g) "Eligible disabled persons". Non-purchasing tenants who have an 27 impairment which results from anatomical, physiological or psychological 28 conditions, other than addiction to alcohol, gambling, or any controlled 29 substance, which are demonstrable by medically acceptable clinical and 30 laboratory diagnostic techniques, and which are expected to be permanent 31 and which [prevent the tenant from engaging in any substantial gainful 32 employment] are expected to be permanent and which substantially limit 33 one or more major life activities on the date the plan is submitted to 34 the department of law or on the date the attorney general has accepted 35 the plan for filing, and the spouses of any such tenants on such date, 36 [and who have elected] or any member of the tenant's household, 37 lawfully occupying the premises as such person's residence on such date, 38 provided in the case of a tenant's household member, that such person 39 has lived in the housing accommodation as such person's residence for a 40 period of no less than one year preceding such date. The tenant must 41 elect, within sixty days of the date the plan is submitted to the 42 department of law or on the date the attorney general has accepted the 43 plan for filing, on forms promulgated by the attorney general and 44 presented to such tenants by the offeror, to become non-purchasing 45 tenants under the provisions of this section; provided, however, that if 46 the disability first occurs after acceptance of the plan for filing, 47 then such election may be made within sixty days following the onset of 48 such disability unless during the period subsequent to sixty days 49 following the acceptance of the plan for filing but prior to such 50 election, the offeror accepts a written agreement to purchase the apart- 51 ment from a bona fide purchaser; and provided further that such election 52 shall not preclude any such tenant from subsequently purchasing the 53 dwelling unit or the shares allocated thereto on the terms then offered 54 to tenants in occupancy. 55 § 4. This act shall take effect immediately.