What's happening
This bill establishes a rebuttable presumption that tenants who do not file New York City resident tax returns or vote elsewhere are not primary residents of rent-regulated housing, tightening rules for determining primary residency.
Why it matters
Targets misuse of rent-regulated apartments by establishing clear, potentially stricter criteria for primary residency. Tenants who do not file NYC resident tax returns or who vote in another jurisdiction are presumed not to use the regulated apartment as their primary home, shifting the burden of proof onto the tenant to demonstrate otherwise.
Makes it significantly harder to claim primary residency if the tenant receives property tax benefits elsewhere. If a tenant gets tax exemptions or benefits because they own and live at another property, the law makes this presumption irrebuttable—meaning the tenant cannot argue they still primarily reside in the regulated unit.
Empowers landlords with new legal leverage and flexibility. Landlords can begin eviction proceedings based on these presumptions at any point during a lease (not just at renewal), and starting such proceedings can substitute for a notice of non-renewal, streamlining the process of reclaiming units from tenants suspected of not being primary residents.
Potentially narrows protections for some tenants while preserving an exception for domestic violence victims. While the law tightens rules for most, it explicitly maintains that victims of domestic violence who leave temporarily but intend to return are still considered primary residents, ensuring continued protection for this vulnerable group.
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Who cares
Headline styles
Tie Rent to Tax Records
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 40
No co-sponsors yet.
History
- Referred to housing, construction and community development
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.779
- Referred to housing, construction and community development
Full text
4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4395
2017-2018 Regular Sessions
IN SENATE
February 13, 2017
Introduced by Sen. MURPHY -- 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 determining primary residency of rent regulated housing accommodations
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Clause 10 of subparagraph (i) of paragraph 2 of subdivision e of section 26-403 of the administrative code of the city of New York, as amended by chapter 422 of the laws of 2010, is amended to read as follows:
(10) Housing accommodations not occupied by the tenant, not including subtenants or occupants, as his or her primary residence, as determined by a court of competent jurisdiction. For the purposes of determining primary residency, a tenant who is a victim of domestic violence, as defined in section four hundred fifty-nine-a of the social services law, who has left the unit because of such violence, and who asserts an intent to return to the housing accommodation shall be deemed to be occupying the unit as his or her primary residence. For purposes of determining primary residency, as such term is used in this chapter, there shall be a presumption, rebuttable by the tenant, that the tenant does not occupy such housing accommodation as his or her primary residence, where:
(i) such tenant is required by law to file an income tax return and such tenant either (a) fails to file one or more city resident income tax returns or (b) such tenant files one or more federal, state or local income tax returns based upon a residence other than the housing accommodation which is subject to this chapter, provided, however, that where a tenant is the recipient of a property tax exemption or any other tax
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07644-01-7
S. 4395 2
benefit arising from or attributable to the ownership of such other residence, the presumption that the tenant does not occupy such housing accommodation as his or her primary residence shall not be rebuttable by such tenant, or
(ii) one or more votes are cast by such tenant during their tenancy in any election held in accordance with the provisions of the election law conducted in any election district other than the one designated for the housing accommodation subject to this chapter located in the city. No action or proceeding shall be commenced seeking to recover possession on the ground that a housing accommodation is not occupied by the tenant as his or her primary residence unless the owner or lessor shall have given thirty days notice to the tenant of his or her intention to commence such action or proceeding on such grounds.
§ 2. Subparagraph (f) of paragraph 1 of subdivision a of section 26-504 of the administrative code of the city of New York, as amended by chapter 422 of the laws of 2010, is amended to read as follows:
(f) not occupied by the tenant, not including subtenants or occupants, as his or her primary residence, as determined by a court of competent jurisdiction[, provided, however that no]. For purposes of determining primary residency, as such term is used in this chapter, there shall be a presumption, rebuttable by the tenant, that the tenant does not occupy such housing accommodation as his or her primary residence, where:
(i) such tenant is required by law to file an income tax return and such tenant either (a) fails to file one or more city resident income tax returns or (b) such tenant files one or more federal, state or local income tax returns based upon a residence other than the housing accommodation which is subject to this chapter, provided, however, that where a tenant is the recipient of a property tax exemption or any other tax benefit arising from or attributable to the ownership of such other residence, the presumption that the tenant does not occupy such housing accommodation as his or her primary residence shall not be rebuttable by such tenant, or
(ii) one or more votes are cast by such tenant during their tenancy in any election held in accordance with the provisions of the election law conducted in any election district other than the one designated for the housing accommodation subject to this chapter located in the city. No action or proceeding shall be commenced seeking to recover possession on the ground that a housing accommodation is not occupied by the tenant as his or her primary residence unless the owner or lessor shall have given thirty days notice to the tenant of his or her intention to commence such action or proceeding on such grounds. Such action or proceeding may be brought at any time during the course of a tenant's lease or any renewal lease. In the event an action or proceeding is commenced pursuant to this subparagraph prior to the date that an offer of a renewal lease is otherwise required to be made by the owner to the tenant, the commencement of such action or proceeding shall substitute for the service of any other notice pertaining to such renewal, including but not limited to, a notice of non-renewal of such lease. For the purposes of determining primary residency, a tenant who is a victim of domestic violence, as defined in section four hundred fifty-nine-a of the social services law, who has left the unit because of such violence, and who asserts an intent to return to the housing accommodation shall be deemed to be occupying the unit as his or her primary residence. For the purposes of this subparagraph where a housing accommodation is rented to a not-for-profit hospital for residential use, affiliated subtenants
S. 4395 3
authorized to use such accommodations by such hospital shall be deemed to be tenants, or
§ 3. Paragraph 11 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 422 of the laws of 2010, is amended to read as follows:
(11) housing accommodations which are not occupied by the tenant, not including subtenants or occupants, as his or her primary residence, as determined by a court of competent jurisdiction. For purposes of determining primary residency, as such term is used in this act, there shall be a presumption, rebuttable by the tenant, that the tenant does not occupy such housing accommodation as his or her primary residence, where:
(i) such tenant is required by law to file an income tax return and such tenant either (a) fails to file one or more city resident income tax returns or (b) such tenant files one or more federal, state or local income tax returns based upon a residence other than the housing accommodation which is subject to this act, provided, however, that where a tenant is the recipient of a property tax exemption or any other tax benefit arising from or attributable to the ownership of such residence, the presumption that the tenant does not occupy such housing accommodation as his or her primary residence shall not be rebuttable by such tenant, or
(ii) one or more votes are cast by such tenant during their tenancy in any election held in accordance with the provisions of the election law conducted in any election district other than the one designated for the housing accommodation subject to this act located in the city, town or village. Such action or proceeding may be brought at any time during the course of a tenant's lease or any renewal lease. In the event an action or proceeding is commenced pursuant to this paragraph prior to the date that an offer of a renewal lease is otherwise required to be made by the owner to the tenant, the commencement of such action or proceeding shall substitute for the service of any other notice pertaining to such renewal, including but not limited to, a notice of non-renewal of such lease. For the purposes of determining primary residency, a tenant who is a victim of domestic violence, as defined in section four hundred fifty-nine-a of the social services law, who has left the unit because of such violence, and who asserts an intent to return to the housing accommodation shall be deemed to be occupying the unit as his or her primary residence. For the purposes of this paragraph, where a housing accommodation is rented to a not-for-profit hospital for residential use, affiliated subtenants authorized to use such accommodations by such hospital shall be deemed to be tenants. No action or proceeding shall be commenced seeking to recover possession on the ground that a housing accommodation is not occupied by the tenant as his or her primary residence unless the owner or lessor shall have given thirty days notice to the tenant of his or her intention to commence such action or proceeding on such grounds.
§ 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 the amendment to section 26-504 of the rent stabilization law of nineteen hundred sixty-nine made by section two of
S. 4395 4
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; and provided further that the amendment to section 5 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 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 resi- dence, 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 resi- dence. 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.
Read the full memo (608 words)
Justification
Rent controlled and rent stabilized apartments should only be available to persons who actually reside in those apartments. Significant econom- ic 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 resi- dence, property taxpayers should not be used to double subsidize indi- viduals 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
2017: S.4395 - Cal. 779, third reading 2015-2016: S.2904 - Referred to Housing Committee 2013-2014: S.3671 - Referred to Housing Committee 2011-2012: S.5041A - Passed Senate
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 amendment to section 26-504 of 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; and provided further that the amendment to section 5 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.
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