Provides that a child regardless of age who has lived with a tenant parent for two years or more in a rent-regulated apartment shall be deemed a tenant

1 Co-sponsor

• Tony Avella

BILL NUMBER:S3090

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 the definition of a tenant

Purpose or general idea of bill

This bill provides that a child (regardless of age) who has lived with a tenant parent for two years or more in a rent-regulated apartment shall be deemed a tenant.

Summary of specific provisions

This bill will amend Subdivision m of section 26-403 of the administrative code of the city of New York by redefining the term "tenant." It will also add a new section 26-504-4 to the administrative code of the city of New York. This bill will also amend Section 4 of chapter 576 of the laws of 1974, constituting the emergency tenant protection act of 1974, by adding a new section 15.

Justification

This bill would ensure that spouses or children who have lived with the primary leaseholder in a rent stabilized or rent controlled apartment are automatically placed on the lease after 2 years, Current law grants succession rights to spouses and children who reside with the leaseholder in rent regulated apartments. However, building owners often challenge succession rights of spouses or children in housing court and are often successful in denying a legitimate right to an apartment in which they have resided for several years, This bill would protect relatives of tenants with legitimate claims to an apartment and help close this loophole in the Emergency Tenant Protection Act.

Prior legislative history

2009: S.1442 (Duane), Died in Housing; A,1294 (Wright), Died in Housing 2010: S.1442 (Duane), Died in Housing; A.1294 (Wright), Died in Housing

Fiscal implications

None.

Effective date

This act shall take effect immediately, provided that the amendment to section 26-403 of the city rent and rehabilitation law made by section one 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 emergency housing rent control act and provided further that the addition of section 26-504-4 to the rent stabilization law of nineteen hundred sixty-nine made by section two of this act shall expire on the same date as such law expires and shall not affect the expiration of such law as provided under section 26-520 of such law, as amended and provided further that the addition of section 15 to the emergency tenant protection act of nineteen seventy-four made by section three 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