Provides that a victim of domestic violence who has left certain housing accommodations shall be deemed to be occupying such accommodation as a primary residence

5 Co-sponsors

• Helene Weinstein
• Brian Kavanagh
• Linda Rosenthal
• Micah Kellner
• William Boyland

5 Multi-sponsors

• Thomas Alfano
• Deborah Glick
• Richard Gottfried
• Audrey Pheffer
• Michelle Schimel

BILL NUMBER:A2365A

Title of bill

An act to amend the administrative code of the city of New York, the emergency tenant protection act of nineteen seventy-four, the emergency housing rent control law and the local emergency housing rent control act, in relation to establishing primary residency for victims of domestic violence

Purpose or general idea of bill

This bill would prevent landlords from evicting tenants who leave their rent-controlled homes to escape domes- tic violence. SUMMARY: OF

Specific provisions

This bill amends § 26-403 and § 26-504 of the Administrative Code of the City of New York; the Emergency Tenant Protection Act of 1974, the Emergency Housing Rent Control Law, and the Local Emergency Housing Rent Control Act by adding language to each amended section that permits victims of domestic violence to maintain primary residence of a rent-regulated unit under the following circum- stances. If a tenant is a victim of domestic violence as defined in Social Services Law 459-a, has left the housing unit because of such violence, and asserts an intent to return, the tenant shall be deemed to occupy the rent-regulated units as his or her primary residence.

The A-print changes the phrase "has been forced to leave" to the phrase "has left' throughout the bill. There are no other changes in the A-print.

Justification

Victims who flee their homes to escape abuse risk every- thing they have: their economic security, their children and even their lives. And if they live in rent-regulated apartments, they also risk losing their homes. In New York City, landlords have successfully used the primary residence requirements under rent control and rent stabili- zation laws to evict domestic violence victims who have fled their homes to escape abuse. This bill will prevent landlords from evicting such victims.

Prior legislative history

A.7099 (2007-08); no Assembly introduction in 2005-2006, but introduced in Senate as S.3708; A.7344-A/S.3420-A (2003-2004; passed Assembly 2004).

Fiscal implications

None.

Effective date

This act shall take effect immediately, provided, however, that the expiration dates of the various laws it amends shall not be affected by the amendments.