What's happening
This bill requires property owners to restore rent-regulated units after demolition or renovation caused by owner misconduct or code violations.
Why it matters
Targets landlord misconduct and negligence. The bill specifically addresses situations where demolition or major renovations are required because of an owner’s false statements, negligence, or illegal code violations, effectively closing loopholes that allowed landlords to benefit from their own wrongdoing.
Preserves affordable housing stock. By mandating that an equal number of rent-regulated units (of equivalent size and at previous allowable rents) be restored after such events, the bill helps prevent the permanent loss of affordable, regulated housing units from the market.
Protects tenant rights and deters abuse. The legislation aims to discourage property owners from using neglect or false filings as a strategy to displace tenants and remove apartments from rent regulation, thereby strengthening tenant protections and signaling stricter enforcement against bad actors.
Broad application across rent regulation laws. The changes amend multiple key statutes (NYC Administrative Code, Emergency Tenant Protection Act, Emergency Housing Rent Control Law), ensuring comprehensive coverage and uniform standards for rent-regulated units citywide.
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Who cares
Headline styles
Require Rent-Regulated Replacements
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to housing, construction and community development
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8574
IN SENATE
May 10, 2018
Introduced by Sen. HOYLMAN -- 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, the emergency tenant protection act of nineteen seventy-four and the emergency housing rent control law, in relation to requiring property owners to dedicate certain residential units to rent regulated status following demolition and new construction or substantial renovation
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 26-512 of the administrative code of the city of New York is amended by adding a new subdivision g to read as follows:
g. Notwithstanding any provision of law, rule or regulation to the contrary, if all or a portion of the rent regulated units in a residential building are rendered uninhabitable or are vacated due to demolition and new construction or to substantial renovation conducted by or on behalf of the property owner under any of the following circumstances, the property owner shall, upon completion of the new construction or renovation of the building, dedicate to rent regulated status an equal number of units, of sizes equivalent to those vacated or rendered uninhabitable, at the rent amount allowable for the units existing prior to the demolition or renovation:
(1) demolition or substantial renovation conducted after the property owner filed an application for a building permit with the department of buildings falsely reporting that no tenants occupied the building proposed for demolition or substantial renovation, when tenants, in fact, did occupy the building; or
(2) demolition or substantial renovation necessitated due to the negligence of the owner and/or landlord; or
(3) demolition or substantial renovation necessitated by illegal code violations.
§ 2. Section 6 of section 4 of chapter 576 of the laws of 1974, constituting the emergency tenant protection act of nineteen seventyfour, is amended by adding a new subdivision h to read as follows:
h. Notwithstanding any provision of law, rule or regulation to the contrary, if all or a portion of the rent regulated units in a residential building are rendered uninhabitable or are vacated due to demoli-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15295-01-8
S. 8574 2
tion and new construction or to substantial renovation conducted by or on behalf of the property owner under any of the following circumstances, the property owner shall, upon completion of the new construction or renovation of the building, dedicate to rent regulated status an equal number of units, of sizes equivalent to those vacated or rendered uninhabitable, at the rent amount allowable for the units existing prior to the demolition or renovation:
(1) demolition or substantial renovation conducted after the property owner filed an application for a building permit with the department of buildings falsely reporting that no tenants occupied the building proposed for demolition or substantial renovation, when tenants, in fact, did occupy the building; or
(2) demolition or substantial renovation necessitated due to the negligence of the owner and/or landlord; or
(3) demolition or substantial renovation necessitated by illegal code violations.
§ 3. Section 5 of chapter 274 of the laws of 1946, constituting the emergency housing rent control law, is amended by adding a new subdivision 10 to read as follows:
10. Notwithstanding any provision of law, rule or regulation to the contrary, if all or a portion of the rent regulated units in a residential building are rendered uninhabitable or are vacated due to demolition and new construction or to substantial renovation conducted by or on behalf of the property owner under any of the following circumstances, the property owner shall, upon completion of the new construction or renovation of the building, dedicate to rent regulated status an equal number of units, of sizes equivalent to those vacated or rendered uninhabitable, at the rent amount allowable for the units existing prior to the demolition or renovation:
(a) demolition or substantial renovation conducted after the property owner filed an application for a building permit with the department of buildings falsely reporting that no tenants occupied the building proposed for demolition or substantial renovation, when tenants, in fact, did occupy the building; or
(b) demolition or substantial renovation necessitated due to the negligence of the owner and/or landlord; or
(c) demolition or substantial renovation necessitated by illegal code violations.
§ 4. This act shall take effect immediately; provided, however, that:
a. the amendments to section 26-512 of chapter 4 of title 26 of the administrative code of the city of New York made by section one 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;
b. the amendments to section 6 of section 4 of the emergency tenant protection act of nineteen seventy-four made by section 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; and
c. the amendments to section 4 of the emergency housing rent control law made by section three of this act shall expire on the same date as such law expires and shall not affect the expiration of such law as provided in subdivision 2 of section 1 of chapter 274 of the laws of 1946.
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, the emergency tenant protection act of nineteen seventy-four and the emer- gency housing rent control law, in relation to requiring property owners to dedicate certain residential units to rent regulated status following demolition and new construction or substantial renovation
Purpose of bill
This bill removes one of the main tools in the corrupt landlord's tool- box by requiring that if a landlord renders rent regulated units uninha- bitable by way of construction, and meets certain criterion, then the landlord must rededicate an equal number of units of equal size to rent regulation status. Thus eliminating any incentive for a landlord to even attempt to evict tenants by means of aggressive and unbearable construction.
Summary of provisions
Section 1 amends Section 26-512 of the administrative code of the city of New York by adding a subdivision g that provides if a property holder practices demolition or extensive regulation that leads all or a portion of rent regulated tenants to vacate then the property holder must dedi- cate another unit of equal size to rent regulation status if one of the following conditions is present: (1) the renovation was conducted after the owner filed a building permit falsely reporting there were no tenants in the building, (2) negligence of the property owner lead to the demolition or renovation, or (3) illegal code violations necessi- tated the demolition or renovation.
Read the full memo (889 words)
Section 2 amends Section 6 of section 4 of chapter 576 of the laws of 1974 constituting the emergency tenant protection act by adding a new subdivision h that provides if a property holder practices demolition or extensive regulation that leads all or a portion of rent regulated tenants to vacate then the property holder must dedicate another unit of equal size to rent regulation status if one of the following conditions is present: (1) the renovation was conducted after the owner filed a building permit falsely reporting there were no tenants in the building, (2) negligence of the property owner lead to the demolition or reno- vation, or (3) illegal code violations necessitated the demolition or renovation.
Section 3 amends Section 5 of chapter 274 of the laws of 1946 constitu- tion the emergency housing rent control law by adding a new subdivision 10 that provides if a property holder practices demolition or extensive regulation that leads all or a portion of rent regulated tenants to vacate then the property holder must dedicate another unit of equal size to rent regulation status if one of the following conditions is present: (1) the renovation was conducted after the owner filed a building permit falsely reporting there were no tenants in the building, (2) negligence of the property owner lead to the demolition or renovation, or (3) ille- gal code violations necessitated the demolition or renovation.
Section 4 establishes when this law shall take effect.
Justification
Unscrupulous landlords try to turn a profit on properties by displacing rent-regulated tenants through the use of major construction as a harassment technique and subsequently raising rent prices. These tenants tend to be disproportionately of very low to moderate income. It was revealed that White House senior advisor Jared Kushner's real estate company pushed vulnerable tenants out of buildings by utilizing late night construction, sawdust, and rat infestations between 2013 and 2016 in order to turn rent regulated units into ones that could be sold for market value.
Sadly, this is a widespread practice that severely limits the ever-di- minishing amount of affordable housing in. New York. For far too many New Yorkers there are tales of lead dust in the air, incessant jackham- mering, loss of power and heat and gas shutoffs in the winter that undermine quality of life to such a degree that tenants feel they have no option but to leave apartments they have long called home.
Under this bill whenever a rent-regulated apartment is rendered uninha- bitable in the manner described, the landlord must supply another rent- regulated unit. Thus removing any ability to turn a profit through such means and therefore stopping tenants from living in adverse conditions and protecting communities from unethical, abusive landlords.
Legislative history
New Bill.
Effective date
This act shall take effect immediately; provided, however, that: a. the amendments to section 26-512 of chapter 4 of title 26 of the administra- tive code of the city of New York made by section one 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; b. the amendments to section 6 of section 4 of the emergency tenant protection act of nineteen seventy-four made by section 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; and c. the amendments to section 4 of the emergency housing rent control law made by section three of this act shall expire on the same date as such law expires and shall not affect the expiration of such law as provided in subdivision 2 of section 1 of chapter 274 of the laws of 1946.
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