What's happening
This bill extends rent regulation protections to tenants aged 62 or older living in certain nonprofit, charitable, or institutional housing.
Why it matters
Expands rent regulation protections to elderly tenants (62+) in nonprofit, charitable, and institutional housing, meaning these residents can no longer be excluded from rent stabilization simply because their building is owned by such organizations.
Closes a longstanding loophole that allowed nonprofit and institutional landlords (like hospitals, colleges, or religious organizations) to offer unregulated rentals to non-affiliated elderly tenants, increasing housing security for a particularly vulnerable population.
Could encourage more elderly tenants to remain in their homes without fear of sudden rent hikes or eviction, potentially reducing homelessness and displacement among seniors in New York.
May have financial and operational implications for nonprofit housing providers, who would now have to comply with rent regulation laws (like limits on rent increases and eviction procedures) for qualifying older tenants.
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Who cares
Headline styles
Protect Housing for Seniors
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
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.
Protect Senior Tenant Rights
In Assembly Committee · Housing · Sponsor Daniel O'Donnell
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4378
2017-2018 Regular Sessions
IN SENATE
February 10, 2017
Introduced by Sens. KRUEGER, MONTGOMERY, RIVERA, SERRANO -- 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 emergency tenant protection act of nineteen seventy-four and the administrative code of the city of New York, in relation to certain housing accommodations by tenants over sixty-two years of age
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph 6 of subdivision a of section 5 of section 4 of chapter 576 of the laws of 1974, constituting the emergency tenant protection act of nineteen seventy-four, as amended by chapter 403 of the laws of 1983, is amended to read as follows:
(6) housing accommodations owned or operated by a hospital, convent, monastery, asylum, public institution, or college or school dormitory or any institution operated exclusively for charitable or educational purposes on a non-profit basis other than those accommodations occupied by a tenant on the date such housing accommodation is acquired by any such institution, [or] which are occupied subsequently by a tenant who is not affiliated with such institution at the time of his initial occupancy, or where the housing accommodations are occupied by a non-affiliated tenant who is sixty-two years of age or older;
§ 2. Paragraph 10 of subdivision a of section 5 of section 4 of chapter 576 of the laws of 1974, constituting the emergency tenant protection act of nineteen seventy-four, is amended to read as follows:
(10) housing accommodations in buildings operated exclusively for charitable purposes on a non-profit basis, unless such housing accommodations are occupied by a tenant who is sixty-two years of age or older;
§ 3. Subparagraph (b) of paragraph 2 of subdivision e of section 26-403 of the administrative code of the city of New York is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09471-01-7
S. 4378 2
(b) a hospital, convent, monastery, asylum, public institution, or college or school dormitory or any institution operated exclusively for charitable or educational purposes on a non-profit basis, unless such housing accommodations are occupied by a non-affiliated tenant who is sixty-two years of age or older; or
§ 4. Subparagraph (g) of paragraph 2 of subdivision e of section 26-403 of the administrative code of the city of New York is amended to read as follows:
(g) Housing accommodations in buildings operated exclusively for charitable purposes on a non-profit basis, unless such housing accommodations are occupied by a tenant who is sixty-two years of age or older; or
§ 5. The opening paragraph of subparagraph c of paragraph 9 of subdivision c of section 26-511 of the administrative code of the city of New York is amended to read as follows:
where the housing accommodation is owned by a hospital, convent, monastery, asylum, public institution, college, school dormitory or any institution operated exclusively for charitable or educational purposes on a non-profit basis, unless such housing accommodation is occupied by a tenant who is sixty-two years of age or older, and either:
§ 6. Severability. If any provision of this act, or any application of any provision of this act, is held to be invalid, that shall not affect the validity or effectiveness of any other provision of this act, any other application of any provision of this act, or any other provision of any law or code amended by this act.
§ 7. This act shall take effect on the sixtieth day after it shall have become a law; provided that:
(a) the amendments to subdivision a of section 5 of the emergency tenant protection act of nineteen seventy-four made by sections one and two 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;
(b) the amendments to section 26-403 of the city rent and rehabilitation law made by sections three and four 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
(c) the amendments to subparagraph c of paragraph 9 of subdivision c of section 26-511 of chapter 4 of title 26 of the administrative code of the city of New York made by section five 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the emergency tenant protection act of nineteen seventy-four and the administrative code of the city of New York, in relation to certain housing accommodations by tenants over sixty-two years of age
Purpose or general idea of bill
This bill would add protections for senior citizens who live in housing units owned or operated by charitable organizations; those units are currently exempt from regulation, thus putting vulnerable seniors at risk of being removed from their homes
Summary of specific provisions
The bill would amend the Emergency Tenant Protection Act of 1974 and the NYC Administrative Code to narrow the exemption for charitable organizations, so that tenants who are 62 or older, and who live in housing owned or operated by charitable organizations, will be protected by the various rent regulation laws. Currently, charitable organizations are exempt from these laws. This legislation would not remove the exemption for charitable organizations, but it would amend the text of the exemption so that senior citizens are protected It adds substantially similar language - excluding housing units occupied by seniors from the charitable organization exemption to the relevant sections of the rent statutes Sections 1 and of the bill amend the ETPA, and sections 3-6 amend the NYC Administrative Code
Justification
Expanding rental protections to cover seniors who live in buildings operated by not-for-profit organizations is critical in helping New York City address a shortfall of affordable senior housing Not-for-profits own and operate a variety of housing accommodations, including those that also offer supportive services targeted to seniors. Such facilities essentially operate as Naturally Occurring Retirement Communities, a model which allows seniors to age in place with support and delay or prevent institutionalization This model is regarded as one of the best interventions for reducing hospitalization rates, expenditures related to health care and homelessness, while improving the stability and economic sufficiency of the senior population Unfortunately, the current exemption for charitable organizations is allowing some facilities to be closed in a way that puts seniors at risk of moving and the associated transfer trauma, and also significantly reduces the number of affordable housing units with supportive services. Two facilities, one in Manhattan and one in Brooklyn, are now in the process of being closed, endangering vulnerable seniors and removing approximately 475 critically needed units from the existing pool of senior housing
Fiscal implications
None to state or local government.
Effective date
60 days after having become law, provided that the amendments to each underlying section of law shall expire on the same date as each underlying amended act and shall not affect the expiration of each such underlying act
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.