Bill S1273-2013

Prohibits warehousing of housing accommodations and harassment of tenants; provides penalties therefor

Provides that penalties may be levied against a person who intentionally withholds a housing accommodation from the market, including for the purpose of future co-operative conversion.

Details

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  • Jan 8, 2014: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • Jan 9, 2013: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

Memo

BILL NUMBER:S1273

TITLE OF BILL: 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 warehousing of housing accommodations and penalties therefor

PURPOSE: To eliminate the practice of warehousing by providing strong penalties to deter such practice.

SUMMARY OF PROVISIONS: Amends Section 26-412 of the Administrative Code of the City of New York by adding a new subdivision g; amends section 26-512 of the above code; amends chapter 576 (1974) - the Emergency Tenant Protection Act. Provides that penalties may be levied against a person who intentionally withholds a housing accommodation from the market, including for the purpose of future co-operative conversion.

JUSTIFICATION: The practice of warehousing, intentionally withholding apartments from the housing market, particularly for future cooperative apartment conversion, has contributed significantly to the shortage of housing in New York. This practice has limited the affordable housing stock in New York City, further exacerbating the city's chronic housing shortage. This bill will make it illegal to harass a tenant to vacate his or her apartment or intentionally withhold an apartment from the rental market.

This legislation will impose civil penalties of $1000-$2500 for the warehousing of suitable housing units to prevent the further diminution of this scarce resource.

FISCAL IMPLICATIONS: None to the state.

LEGISLATIVE HISTORY: 2011-12: S.1375 - Referred to Housing, Construction and Community Development 2009-10: S.2915 - Referred to Housing, Construction and Community Development 2007-08: S.2915 - Referred to Housing, Construction and Community Development 2005-06: S.1509 - Referred to Housing, Construction and Community Development 2003-04: S.2120 - Referred to Housing, Construction and Community Development 2001-02: S.1568 - Referred to Housing, Construction and Community Development

EFFECTIVE DATE: Takes effect immediately, with provisions.


Text

STATE OF NEW YORK ________________________________________________________________________ 1273 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. PERKINS, DIAZ, HASSELL-THOMPSON, KRUEGER, MONTGOM- ERY, PARKER, SERRANO, STAVISKY -- 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 administrative code of the city of New York and the emergency tenant protection act of nineteen seventy-four, in relation to warehousing of housing accommodations and penalties therefor THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative findings and intent. The legislature finds and declares that each person in the state shall have a right to be housed and that such right to housing is a basic human right. The legislature further finds and declares that the practice of "ware- housing", that is of intentionally withholding housing accommodations from the housing market, including the withholding of apartments for purposes of future co-operative apartment conversion, has contributed significantly to the shortage of housing in this state, especially in the city of New York. The legislature further finds and declares that the practice of ware- housing has violated the right to housing of many of the citizens and residents of this state. It is thus the intent of the legislature to eliminate the practice of warehousing by providing strong penalties to deter such practice. S 2. Section 26-412 of the administrative code of the city of New York is amended by adding a new subdivision g to read as follows: G. IT SHALL BE UNLAWFUL TO HARASS A TENANT TO OBTAIN VACANCY OF HIS OR HER HOUSING ACCOMMODATION OR TO HAVE INTENTIONALLY WITHHELD A HOUSING ACCOMMODATION FROM THE MARKET, INCLUDING WITHHOLDING SUCH ACCOMMODATION FOR THE PURPOSE OF FUTURE CO-OPERATIVE APARTMENT CONVERSION. FOR THE PURPOSES OF THIS SUBDIVISION, HARASSMENT CONSISTS OF ENGAGING IN A
COURSE OF CONDUCT OR REPEATEDLY COMMITTING ACTS WHICH ALARM OR SERIOUSLY ANNOY A TENANT OR OTHER PERSON RESIDING IN THE TENANT'S HOUSING ACCOMMO- DATION AND WHICH SERVE NO LEGITIMATE PURPOSE. S 3. Paragraph 2 of subdivision c of section 26-516 of the administra- tive code of the city of New York, as amended by section 1 of chapter 480 of the laws of 2009, is amended to read as follows: (2) to have harassed a tenant to obtain vacancy of his or her housing accommodation OR TO HAVE INTENTIONALLY WITHHELD A HOUSING ACCOMMODATION FROM THE MARKET, INCLUDING WITHHOLDING SUCH ACCOMMODATION FOR THE PURPOSE OF FUTURE CO-OPERATIVE APARTMENT CONVERSION, the commissioner may impose by administrative order after hearing, a civil penalty for any such violation. Such penalty shall be in the amount of two thousand dollars for a first such offense and up to ten thousand dollars for each subsequent offense or for a violation consisting of conduct directed at the tenants of more than one housing accommodation. S 4. Paragraph 2 of subdivision c of section 26-516 of the administra- tive code of the city of New York, as amended by section 2 of chapter 480 of the laws of 2009, is amended to read as follows: (2) to have harassed a tenant to obtain vacancy of his or her housing accommodation OR TO HAVE INTENTIONALLY WITHHELD A HOUSING ACCOMMODATION FROM THE MARKET, INCLUDING WITHHOLDING SUCH ACCOMMODATION FOR THE PURPOSE OF FUTURE CO-OPERATIVE APARTMENT CONVERSION, the commissioner may impose by administrative order after hearing, a civil penalty for any such violation. Such penalty shall be in the amount of two thousand dollars for a first such offense and up to ten thousand dollars for each subsequent offense or for a violation consisting of conduct directed at the tenants of more than one housing accommodation. S 5. Clause (ii) of paragraph 3 of subdivision a of section 12 of section 4 of chapter 576 of the laws of 1974, constituting the emergency tenant protection act of nineteen seventy-four, as amended by section 5 of chapter 480 of the laws of 2009, is amended to read as follows: (ii) to have harassed a tenant to obtain vacancy of his housing accom- modation OR TO HAVE INTENTIONALLY WITHHELD A HOUSING ACCOMMODATION FROM THE MARKET, INCLUDING WITHHOLDING SUCH ACCOMMODATION FOR THE PURPOSE OF FUTURE CO-OPERATIVE APARTMENT CONVERSION, the commissioner may impose by administrative order after hearing, a civil penalty for any such violation. Such penalty shall be in the amount of two thousand dollars for the first such offense and ten thousand dollars for each subsequent offense or for a violation consisting of conduct directed at the tenants of more than one housing accommodation. S 6. Clause (ii) of paragraph 3 of subdivision a of section 12 of section 4 of chapter 576 of the laws of 1974, constituting the emergency tenant protection act of nineteen seventy-four, as amended by section 6 of chapter 480 of the laws of 2009, is amended to read as follows: (ii) to have harassed a tenant to obtain vacancy of his housing accom- modation OR TO HAVE INTENTIONALLY WITHHELD A HOUSING ACCOMMODATION FROM THE MARKET, INCLUDING WITHHOLDING SUCH ACCOMMODATION FOR THE PURPOSE OF FUTURE CO-OPERATIVE APARTMENT CONVERSION, the commissioner may impose by administrative order after hearing, a civil penalty for any such violation. Such penalty shall be in the amount of two thousand dollars for the first such offense and ten thousand dollars for each subsequent offense or for a violation consisting of conduct directed at the tenants of more than one housing accommodation. S 7. This act shall take effect immediately provided that the amend- ment to section 26-412 of the city rent and rehabilitation law made by section two of this act shall remain in full force and effect only so
long as the public emergency requiring the regulation and control of residential rents and evictions continues, as provided in subdivision 3 of section 1 of the local emergency housing rent control act; and provided further that the amendment to section 26-516 of the rent stabilization law of nineteen hundred sixty-nine made by sections three and four of this act shall expire on the same date as such law expires, and provided further that the amendment to paragraph 2 of subdivision c of section 26-516 of the administrative code of the city of New York made by section three of this act shall not affect the expiration of such paragraph and shall expire therewith when upon such date section four of this act shall take effect; provided further that the amendment to section 12 of the emergency tenant protection act of nineteen seven- ty-four made by sections five and six 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, as amended; and provided further that the amendments to clause (ii) of paragraph 3 of subdivision a of section 12 of the emergency tenant protection act made by section five of this act shall not affect the expiration of such clause and shall expire therewith when upon such date section six of this act shall take effect.

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