Sponsor:
STEWART-COUSINS
Committee: HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
Law Section: Emergency Tenant Protection Act of 1974
Committee: HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
Law Section: Emergency Tenant Protection Act of 1974
S3326A Summary
S3326A Actions
S3326D - AMEND AND RECOMMIT TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT - Jun 25, 2010S3326D - PRINT NUMBER 3326D - Jun 25, 2010
S3326C - AMEND AND RECOMMIT TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT - Jun 17, 2010
S3326C - PRINT NUMBER 3326C - Jun 17, 2010
S3326B - AMEND AND RECOMMIT TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT - May 10, 2010
S3326B - PRINT NUMBER 3326B - May 10, 2010
S3326B - NOTICE OF COMMITTEE CONSIDERATION - REQUESTED - May 3, 2010
S3326B - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT - Jan 6, 2010
S3326B - AMEND AND RECOMMIT TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT - Jun 29, 2009
S3326B - PRINT NUMBER 3326A - Jun 29, 2009
S3326 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT - Mar 16, 2009
S3326A Memo
BILL NUMBER: S3326A
TITLE OF BILL : An act to amend the emergency tenant protection act of nineteen seventy-four, in relation to limited-profit housing companies and other buildings or structures which received project-based rental assistance
PURPOSE OR GENERAL IDEA OF BILL : This bill protects those tenants who live in Mitchell-Lama and project-based
Section 8 buildings whose owners have bought out of the Mitchell-Lama program or who no longer have
Section 8 contracts with the United States Department of Housing and Urban Development (HUD).
SUMMARY OF SPECIFIC PROVISIONS : This bill authorizes New York City or any city, town or village in the counties of Westchester, Nassau and Rockland to extend the Emergency Tenant Protection Act (the ETPA) to cover rental buildings which: (1) were owned by limited-profit housing companies which voluntarily dissolved or which dissolve in the future, or (2) were covered by rental assistance contracts between their owners and HUD and such contracts expired or terminated previously or do so in the future. The bill also prevents owners of such buildings from applying for higher initial rents under the ETPA or the New York City Rent Stabilization Law than were previously charged to their tenants.
JUSTIFICATION : Many limited-profit housing companies are exercising their option to buy-out of the Mitchell-Lama program. Likewise, HUD contracts with the owners of rental buildings for
Section 8 assistance are expiring, being terminated or not being renewed. Existing middle income tenants in Mitchell-Lama and
Section 8 housing are faced with eviction if they cannot afford new market rents. Extending the ETPA to these buildings will ensure that existing tenants can continue to afford to live in their current apartments. ETPA coverage will also enable building owners to more readily be eligible for rent increases under annual ETPA guidelines.
LEGISLATIVE HISTORY : S.5284 Died Housing
FISCAL IMPLICATIONS : Most costs of administration of ETPA and rent stabilization are covered by per unit fees charged to property owners.
EFFECTIVE DATE : Immediately and shall apply to Mitchell-Lama buildings that bought out of the program in the past or do so in the future and buildings with
Section 8 contracts that ended previously or that do so in the future.
S3326A Text
S T A T E O F N E W Y O R K3326--A
2009-2010 Regular Sessions I N SENATE March 16, 2009
Introduced by Sens. STEWART-COUSINS, ADAMS, ADDABBO, DIAZ, HASSELL-THOMPSON, HUNTLEY, KLEIN, KRUEGER, MONSERRATE, ONORATO, PERKINS, SAVINO, SCHNEIDERMAN, SERRANO, SQUADRON, STAVISKY -- 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 committee AN ACT to amend the emergency tenant protection act of nineteen seven ty-four, in relation to limited-profit housing companies and other buildings or structures which received project-based rental assistance
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings and declaration of emergency. The legislature hereby finds and declares that the serious public emergency which led to the enactment of the existing laws regulating residential rents and evictions continues to exist; that such laws would better serve the public interest if certain changes were made thereto, includ ing extending to certain cities, towns and villages the authority to provide for the regulation of rents and evictions with regard to housing accommodations that cease or have ceased to be regulated pursuant to article 2 of the private housing finance law, known as the Mitchell-Lama law, or pursuant to project-based section eight contracts entered into with the federal government. The legislature further recognizes that severe disruption of the rental housing market has occurred and threatens to be exacerbated as a result of the abrupt termination of rent and eviction regulation when buildings completed or substantially renovated as family units on or after January first, nineteen hundred seventy-four exit the Mitchell Lama program or when buildings cease to be subject to project-based section eight contracts. The situation had permitted speculative and profiteering practices and has brought about the loss of vital and irre placeable affordable housing for working persons and families. The legislature therefore declares that in order to prevent uncertain ty, potential hardship and dislocation of tenants living in housing EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07971-12-9
S. 3326--A 2 accommodations subject to government regulations as to rentals and continued occupancy as well as those not subject to such regulations, the provisions of this act are necessary to protect the public health, safety and general welfare. The necessity in the public interest for the provisions hereinafter enacted is hereby declared as a matter of legis lative determination.
S 2.
Section 5 of section 4 of chapter 576 of the laws of 1974 consti tuting the emergency tenant protection act of nineteen seventy-four is amended by adding a new subdivision c to read as follows:
C. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NOTHING SHALL PREVENT THE DECLARATION OF AN EMERGENCY PURSUANT TO SECTION THREE OF THIS ACT FOR RENTAL HOUSING ACCOMMODATIONS LOCATED IN BUILDINGS OR STRUCTURES WHICH WERE OWNED BY A COMPANY ESTABLISHED UNDER ARTICLE TWO OF THE PRIVATE HOUSING FINANCE LAW, OTHER THAN A MUTUAL COMPANY, WHICH ARE NO LONGER OWNED BY SUCH COMPANY BY REASON OF A VOLUNTARY DISSOLUTION PURSUANT TO SECTION THIRTY-FIVE OF SUCH LAW OR FOR RENTAL HOUSING ACCOM MODATIONS LOCATED IN BUILDINGS OR STRUCTURES DEFINED AS COVERED PROJECTS PURSUANT TO SECTION 8 OF THE UNITED STATES HOUSING ACT OF NINETEEN THIR TY-SEVEN, AS AMENDED, OR ANY SUCCESSOR STATUTE, AND ANY REGULATIONS PROMULGATED THEREUNDER IN WHICH RENTAL HOUSING ACCOMMODATIONS RECEIVED PROJECT-BASED RENTAL ASSISTANCE FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PURSUANT TO CONTRACTS WITH THE OWNERS OF SUCH BUILDINGS OR STRUCTURES WHICH EXPIRED OR WERE TERMINATED. THE INITIAL LEGAL REGULATED RENT FOR HOUSING ACCOMMODATIONS LOCATED IN BUILDINGS OR STRUCTURES THAT WERE OWNED BY HOUSING COMPANIES OR THAT WERE COVERED PROJECTS PREVIOUSLY REGULATED UNDER THE PRIVATE HOUSING FINANCE LAW OR UNDER FEDERAL LAW, SHALL BE THE RENT CHARGED TO AND PAID BY THE TENANT IN OCCUPANCY ON JANUARY FIRST, TWO THOUSAND SEVEN OR, FOR ACCOMMODATIONS VACANT ON SUCH DATE, THE MOST RECENT RENT CHARGED TO AND PAID BY A TENANT PRIOR TO SUCH DATE, INCLUDING ANY INCOME-RELATED SURCHARGES, AS ADJUSTED BY ALL APPLICABLE GUIDELINES INCREASES AND OTHER INCREASES AUTHORIZED BY LAW. THE PROVISIONS OF SUBDIVISION A OF SECTION NINE OF THIS ACT OR OF SUBDIVISION A OF SECTION 26-513 OF THE ADMINIS TRATIVE CODE OF THE CITY OF NEW YORK SHALL NOT APPLY TO ANY HOUSING ACCOMMODATION WHICH BECAME SUBJECT TO THIS ACT PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION.
S 3. Notwithstanding any provision of law to the contrary, in a city having a population of one million or more, the New York city rent stabilization law of nineteen hundred sixty-nine may be amended by local law or ordinance to provide for the regulation of rents and evictions and the enforcement of such rent stabilization law with regard to hous ing accommodations made subject to such law by a declaration of emergen cy made pursuant to this act.
S 4. This act shall take effect immediately and shall apply to housing accommodations located in buildings or structures owned by housing companies that dissolved on, before or after such date and to housing accommodations in buildings or structures that were covered projects and had contracts for rental assistance that expired or were terminated on, before or after such date; provided that the amendments to section 5 of the emergency tenant protection act of nineteen seventy-four made by section two of this act shall expire on the same date as such act expires and shall not affect the expiration of such act as provided in section 17 of chapter 576 of the laws of 1974.
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