S1375-2011 Actions

• Jan 4, 2012: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
• Jan 7, 2011: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

S1375-2011 Memo

BILL NUMBER:S1375

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:
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.

S1375-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1375
 2011-2012 Regular Sessions
 I N  SENATE
 January 7, 2011
 
 Introduced  by  Sens.  PERKINS,  DIAZ, DUANE, HASSELL-THOMPSON, KRUEGER,
 MONTGOMERY, PARKER, SERRANO, STAVISKY -- read twice and ordered print
 ed, 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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03140-01-1
 
       S. 1375                             2
 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
 
       S. 1375                             3
 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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