Bill S1808-2013

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

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

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:S1808

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 OR GENERAL IDEA OF BILL: To eliminate the practice of warehousing by providing strong penalties to deter such practice.

SUMMARY OF SPECIFIC PROVISIONS: Amends section 26-412 of the Administrative Code of the City of New York by adding a new subdivision g; amends two sections of section 26-516 of the above code; amends chapter 576 of the laws of 1974, as amended by chapter 116 of the laws of 1997, constituting the Emergency Tenant Protection Act of 1974.

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 violated the basic human rights of many citizens to affordable housing. 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 $1,000-$2,500 for the warehousing of suitable housing units to prevent the further diminution of this scarce resource.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately, with provisions.


Text

STATE OF NEW YORK ________________________________________________________________________ 1808 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. ESPAILLAT -- 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. 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 as 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 section three of this act shall be subject to the expiration and reversion of such paragraph pursuant to section 46 of chapter 116 of the laws of 1997, as amended, when upon such date the provisions of section four of this act shall take affect; provided, however that if section 26-516 of the rent stabilization law of nineteen hundred sixty-nine shall expire as provided under section 26-520 of the administrative code of the city of New York prior to the expiration pursuant to section 46 of chapter 116 of the laws of 1997, as amended, takes effect, sections three and four of this act shall not affect the expiration of such law as provided
under section 26-520 and shall be deemed to expire therewith; and provided further that the amendment to clause (ii) of paragraph 3 of subdivision a of section 12 of the emergency tenant protection act of nineteen seventy-four made by section five of this act shall not affect the expiration of such clause as provided in section 46 of chapter 116 of the laws of 1997, as amended and shall not affect the expiration of such act as provided in section 17 of chapter 576 of the laws of 1974, as amended.

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