What's happening
This bill amends tenant protection laws to include children of any age who have lived with a tenant parent for at least two years.
Why it matters
Expands tenant protections. to include children of any age who have lived with a tenant parent for at least two years, potentially allowing those children to claim succession rights to the apartment if the parent moves out or passes away.
Addresses family stability. by ensuring that children who have established long-term residency with a parent in a rent-regulated apartment are not automatically excluded from legal protections, reducing the risk of disruptive evictions.
May impact landlord-tenant dynamics. by broadening the definition of “tenant,” which could limit landlords' ability to reclaim apartments and affect turnover rates in rent-regulated housing.
Could set a legal precedent. for how family members are treated under housing law, potentially influencing future legislation on household composition and tenant rights, especially in urban areas with high housing demand.
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Who cares
Headline styles
Let Tenant Children Stay
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to housing, construction and community development
- Referred to housing, construction and community development
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Let Children Inherit Rent Rights
In Assembly Committee · Housing · Sponsor Steven Cymbrowitz
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2144
2017-2018 Regular Sessions
IN SENATE
January 12, 2017
Introduced by Sen. ALCANTARA -- 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 the definition of a tenant
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision m of section 26-403 of the administrative code of the city of New York is amended to read as follows:
m. "Tenant." A tenant, subtenant, lessee, sublessee, or other person entitled to the possession or to the use or occupancy of any housing accommodation. The term tenant shall be deemed to include a child (regardless of age) who has resided with his or her parent for two years or more in a housing accommodation subject to the provisions of this chapter and of which such parent is a tenant.
§ 2. The administrative code of the city of New York is amended by adding a new section 26-504.4 to read as follows:
§ 26-504.4 Tenant; definition. For the purposes of this chapter, the term tenant shall be deemed to include a child (regardless of age) who has resided with his or her parent for two years or more in a housing accommodation subject to the provisions of this chapter and of which such parent is a tenant.
§ 3. Section 14 of section 4 of chapter 576 of the laws of 1974, constituting the emergency tenant protection act of nineteen seventyfour, is renumbered section 15 and a new section 14 is added to read as follows:
§ 14. Tenant; definition. For the purposes of this act, the term tenant shall be deemed to include a child (regardless of age) who has resided with his or her parent for two years or more in a housing accom-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06974-01-7
S. 2144 2
modation subject to the provisions of this act and of which such parent is a tenant.
§ 4. 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 section 26-504.4 of the rent stabilization law of nineteen hundred sixty-nine, as added 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 amendments to section 4 of 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 1974, as amended.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 2015-16: Referred to housing, construction and community development
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
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