Bill S1725-2013

Protects non-purchasing senior citizens threatened by eviction pursuant to a cooperative/condominium conversion plan

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.

Details

Actions

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

Memo

BILL NUMBER:S1725

TITLE OF BILL: An act to provide continued tenancy for certain non-purchasing senior citizens in the city of New York; and to amend chapter 555 of the laws of 1982 amending the general business law and the administrative code of the city of New York relating to conversion of residential property to cooperative or condominium ownership in the city of New York, in relation to extending the expiration thereof

PURPOSE OR GENERAL IDEA OF BILL: 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.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill is the legislative intent.

Section 2 of the bill extends protections to long residing tenants in instances of condominium and co-operative housing conversions.

Section 3 provides for an effective date.

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 en eviction plan.

This bill provides the necessary protection.

PRIOR LEGISLATIVE HISTORY: 2009-10: A.5610-Referred to Housing

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 1725 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. ESPAILLAT, HASSELL-THOMPSON, KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development AN ACT to provide continued tenancy for certain non-purchasing senior citizens in the city of New York; and to amend chapter 555 of the laws of 1982 amending the general business law and the administrative code of the city of New York relating to conversion of residential property to cooperative or condominium ownership in the city of New York, in relation to extending the expiration thereof 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, 2013, 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 shares 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. Section 10 of chapter 555 of the laws of 1982, amending the general business law and the administrative code of the city of New York relating to conversion of residential property to cooperative or condo- minium ownership in the city of New York, as amended by section 4 of part B of chapter 97 of the laws of 2011, is amended to read as follows: S 10. This act shall take effect immediately; provided, that the provisions of sections one, two and nine of this act shall remain in full force and effect only until and including June 15, [2015] 2018; provided further that the provisions of section three 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 emer- gency housing rent control act; provided further that the provisions of sections four, five, six and seven of this act shall expire in accord- ance with the provisions of section 26-520 of the administrative code of the city of New York as such section of the administrative code is, from time to time, amended; provided further that the provisions of section 26-511 of the administrative code of the city of New York, as amended by this act, which the New York City Department of Housing Preservation and Development must find are contained in the code of the real estate industry stabilization association of such city in order to approve it, shall be deemed contained therein as of the effective date of this act; and provided further that any plan accepted for filing by the department of law on or before the effective date of this act shall continue to be governed by the provisions of section 352-eeee of the general business law as they had existed immediately prior to the effective date of this act. S 4. This act shall take effect immediately.

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