S T A T E   O F   N E W   Y O R K
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                                  5828

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 6, 2013
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on Housing

AN  ACT to amend the administrative code of the city of New York and the
  emergency tenant protection act  of nineteen seventy-four, in relation
  to the declaration of emergencies for certain rental housing  accommo-
  dations

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision a of section 26-504 of the administrative  code
of  the  city of New York, subparagraph (f) of paragraph 1 as amended by
chapter 422 of the laws of 2010, is amended to read as follows:
  a. Class A multiple dwellings not owned  as  a  cooperative  or  as  a
condominium,  except as provided in section three hundred fifty-two-eeee
of the general business law,  containing  six  or  more  dwelling  units
which:    (1)  were  completed  after  February  first, nineteen hundred
forty-seven, except dwelling units (a) owned or leased by,  or  financed
by  loans  from,  a  public  agency  or  public benefit corporation, (b)
subject to rent regulation under the private housing finance law or  any
other  state  law, (c) aided by government insurance under any provision
of the national housing act, to the extent this  chapter  or  any  regu-
lation  or  order  issued  thereunder  is inconsistent therewith, or (d)
located in a building for which a certificate of occupancy  is  obtained
after  March  tenth,  nineteen hundred sixty-nine[;], or (e) any class A
multiple dwelling which on June first, nineteen hundred sixty-eight  was
and  still  is commonly regarded as a hotel, transient hotel or residen-
tial hotel, and which customarily provides hotel service  such  as  maid
service,  furnishing  and  laundering  of  linen, telephone and bell boy
service, secretarial or desk service and use and upkeep of furniture and
fixtures, or (f) not occupied by the tenant, not including subtenants or
occupants, as his or her primary residence, as determined by a court  of
competent  jurisdiction,  provided, however that no action or proceeding

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04728-02-3
              

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shall be commenced seeking to recover possession on the  ground  that  a
housing accommodation is not occupied by the tenant as his or her prima-
ry  residence  unless  the  owner or lessor shall have given thirty days
notice  to the tenant of his or her intention to commence such action or
proceeding on such grounds. For  the  purposes  of  determining  primary
residency,  a tenant who is a victim of domestic violence, as defined in
section four hundred fifty-nine-a of the social services  law,  who  has
left  the  unit  because  of such violence, and who asserts an intent to
return to the housing accommodation shall be deemed to be occupying  the
unit  as his or her primary residence. For the purposes of this subpara-
graph where a housing accommodation is rented to a not-for-profit hospi-
tal for residential use, affiliated subtenants authorized  to  use  such
accommodations  by  such  hospital shall be deemed to be tenants, or (g)
became vacant on or after June thirtieth, nineteen hundred  seventy-one,
or  become vacant, provided however, that this exemption shall not apply
or become effective with respect to  housing  accommodations  which  the
commissioner  determines  or finds became vacant because the landlord or
any person acting on his or her behalf, with intent to cause the  tenant
to  vacate,  engaged in any course of conduct (including but not limited
to, interruption or discontinuance of essential services)  which  inter-
fered with or disturbed or was intended to interfere with or disturb the
comfort, repose, peace or quiet of the tenant in his or her use or occu-
pancy  of the housing accommodations and provided further that any hous-
ing accommodations exempted by this paragraph shall be subject  to  this
law to the extent provided in subdivision b of this section; or (2) were
decontrolled  by the city rent agency pursuant to section 26-414 of this
title; or (3) are exempt from control by virtue of item one, two, six or
seven of subparagraph (i) of paragraph two of subdivision e  of  section
26-403  of this title; OR (4) WERE COVERED BY A PROJECT BASED ASSISTANCE
CONTRACT PURSUANT TO SECTION EIGHT OF THE UNITED STATES HOUSING  ACT  OF
1937  WHICH  CONTRACT  IS  NO  LONGER  IN  EFFECT,  NOTWITHSTANDING  THE
PROVISIONS OF SUBPARAGRAPH (D) OR (G) OF PARAGRAPH ONE OF THIS  SUBDIVI-
SION OR PARAGRAPH FIVE OF SUBDIVISION A OF SECTION FIVE OF THE EMERGENCY
TENANT  PROTECTION ACT OF NINETEEN SEVENTY-FOUR BUT SUBJECT TO ANY OTHER
APPLICABLE EXCEPTIONS IN PARAGRAPH ONE OF THIS SUBDIVISION  OR  SUBDIVI-
SION (A) OF SECTION FIVE OF THE EMERGENCY TENANT PROTECTION ACT OF NINE-
TEEN  SEVENTY-FOUR,  PROVIDED  HOWEVER,  THAT  ANY  DWELLING  UNIT WHICH
BECOMES SUBJECT TO THIS LAW PURSUANT TO  THIS  PARAGRAPH  SHALL  NOT  BE
SUBJECT  TO  THE  PROVISIONS  OF SUBDIVISION A OF SECTION 26-513 OF THIS
CHAPTER; and
  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  THE PROVISIONS OF PARAGRAPH FIVE OF SUBDIVISION A
OF THIS SECTION BUT SUBJECT TO ANY OTHER APPLICABLE EXCEPTIONS  IN  SUCH
SUBDIVISION,  NOTHING  SHALL  PREVENT  THE  DECLARATION  OF AN EMERGENCY
PURSUANT TO SECTION THREE OF THIS ACT FOR RENTAL HOUSING  ACCOMMODATIONS
LOCATED  IN  A  BUILDING WHICH WAS COVERED BY A PROJECT BASED ASSISTANCE
CONTRACT PURSUANT TO SECTION EIGHT OF THE UNITED STATES HOUSING  ACT  OF
1937  WHICH  CONTRACT  IS NO LONGER IN EFFECT PROVIDED HOWEVER, THAT ANY
HOUSING ACCOMMODATION WHICH BECOMES SUBJECT TO THIS ACT PURSUANT TO THIS
SUBDIVISION SHALL NOT BE SUBJECT TO THE PROVISIONS OF SUBDIVISION  A  OF
SECTION NINE OF THIS ACT.
  S  3.  This  act  shall take effect immediately and shall apply to all
buildings which are covered  by  a  project  based  assistance  contract
pursuant to section eight of the United States housing act of 1937 which

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contract  ceased to be effective on or after such date; provided, howev-
er, that the amendment to subdivision a of section 26-504 of the  admin-
istrative  code  of the city of New York made by section one of this act
shall  not  affect  the  expiration  of such section pursuant to section
26-520 of such code and shall expire therewith; and  provided,  further,
that  the  amendment to section 5 of the emergency tenant protection act
of nineteen seventy-four made by section  two  of  this  act  shall  not
affect  the  expiration of such act as provided in section 17 of chapter
576 of the laws of 1974, as amended, and shall expire therewith.