Provides that a person sixty-two years of age or older, who is a tenant of a dwelling unit located in a building which is located in the city of New York, and who is threatened with eviction because such building is subject to a cooperative or condominium conversion plan, shall be entitled to remain in occupancy of such dwelling unit.
BILL NUMBER: S1028A
TITLE OF BILL : An act to provide continued tenancy for certain non-purchasing senior citizens in the city of New York
PURPOSE/SUMMARY OF PROVISIONS : To provide that any citizen, age 62 or older, who has maintained a continued occupancy and is a non-purchasing tenant in a multiple dwelling unit which has been converted to a coop or condominium, pursuant to an eviction plan, will not be subject to an eviction.
JUSTIFICATION : Over the past decade, the legislature has enacted into law protections to ensure that senior citizens should not be subject to eviction under co-op and condominium conversion plans. Despite these attempts to provide a blanket protection, there are still senior citizens who continue to reside in multiple dwelling units who are not afforded these protections.
With the vacancy rate in NYC remaining under five percent, and therefore housing being scarce, it is incumbent upon the legislature to insure that senior citizens be afforded protections against eviction plans, as long as they meet certain requirements:
1. be 62 years of age or older;
2. has maintained a continued occupancy;
3. and is a non-purchasing tenant in a multiple dwelling unit which has been converted to a co-op or condominium, pursuant to an eviction plan. This bill provides the necessary protection.
EXISTING LAW : None.
FISCAL IMPLICATIONS : None to the state.
EFFECTIVE DATE : This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 1028--A 2009-2010 Regular Sessions IN SENATE January 22, 2009 ___________Introduced by Sen. KRUGER -- read twice and ordered printed, and when printed to be committed to the Committee on Aging -- recommitted to the Committee on Aging in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to provide continued tenancy for certain non-purchasing senior citizens in the city of New York THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The legislature hereby finds that due to the special circumstances of senior citizens, a greater degree of care must be taken in preserving the essentials of life for the elderly. In 1982, and again in 1986, the legislature recognized the particular hardship of relo- cation for such persons and extended to eligible senior citizens protection from eviction pursuant to certain cooperative or condominium conversion plans. The legislature hereby finds that greater protection must be afforded to senior citizens currently residing in multiple dwellings subject to a cooperative or condominium conversion plan in the city of New York and threatened with eviction pursuant to an eviction plan. S 2. Notwithstanding any contrary provision of law, any person who attains the age of sixty-two years or older on or before July 1, 2010, who is and has continuously been since prior to January 1, 1982, a tenant of a dwelling unit located in a building or group of buildings or development in the city of New York subject to a cooperative or condo- minium conversion eviction plan, and who is a non-purchasing tenant and otherwise subject to eviction may remain in occupancy, with all of the rights of non-purchasing tenants as provided in paragraph (c) of subdi- vision 2 of section 352-eeee of the general business law and all protections extended by applicable rent regulation laws and provisions; provided, however, that the units occupied by such tenants or the sharesEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06617-02-0 S. 1028--A 2
allocated thereto have not been sold to a bona fide purchaser for occu- pancy prior to the effective date of this act; and provided further, however, that the right of succession with respect to such unit shall be limited to the spouses of such tenants, and thereafter, such family members of such tenants which are named on the lease for such dwelling unit. S 3. This act shall take effect immediately.