Provides for the determination of primary residency of rent regulated housing accommodations based upon the filing of income tax returns and place of voting

1 Co-sponsor

• Lee M. Zeldin

BILL NUMBER:S5041A

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 determining primary residency of rent regulated housing accommodations

Purpose

This bill would help ensure that individuals who receive rent regulation benefits actually utilize and occupy their primary residence for purposes of being eligible for rent regulation protections.

Summary of provisions

This bill provides that for the purpose of determining whether a rent regulated apartment is occupied by the tenant as their primary residence, the failure to file a required tax return or casting of a vote in an election district other than the one designated for that apartment shall result in a rebuttable presumption that the tenant does not occupy the apartment as their primary residence. This presumption shall not be rebuttable when the tenant is also the recipient of a property tax exemption arising from or attributable to the ownership of another residence. The bill also provides that an owner may challenge the primary residence status of the tenant at any time during the tenant's lease and not only during the lease renewal period prior to the expiration of the tenant's lease.

Justification

Rent controlled and rent stabilized apartments should only be available to persons who actually reside in those apartments. Significant economic benefits are received by rent regulated tenants and significant economic burdens are imposed upon property owners as a result. If an individual is receiving a tax reduction for ownership of another residence, property taxpayers should not be used to double subsidize individuals with dual homes. It is self-evident that housing accommodations that are subject to rent regulation should be the primary residence of the tenants who occupy them. Furthermore, since the ruling of the Court of Appeals in the case of Golub v. Frank, 65 NY2d 900 (1985), owners are authorized to commence primary residence challenges only during the lease renewal period between 90 and 150 days prior to the expiration of a rent stabilized lease. Limiting such challenges to that time period needlessly confers added protections and benefits to those tenants who do not primarily reside at the regulated accommodations. It is sound public policy to enable property owners to commence these proceedings at any time during a tenant's lease.

Legislative history

2011 - S.5041 - Passed Senate

Fiscal implications

None.

Effective date

This act shall take effect immediately.