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S8810Senate2017-2018 Session

Check for Tenants Before Demolition

Official title

“Requires the New York city department of buildings to confirm that there are no tenants living at certain properties prior to approving or issuing permits for demolition or substantial alteration”

Sponsor Brad Hoylman-SigalSD-27+5 co-sponsorsAffects Local Government
Status
In Senate Committee
Cities
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Cities

What's happening

This bill requires the NYC Department of Buildings to independently verify that no tenants reside in properties before approving demolition or major renovation permits.

Why it matters

  1. Reduces risk of illegal or unsafe tenant evictions. By requiring the Department of Buildings to independently verify that no tenants are present before permits are issued, the bill aims to prevent property owners from falsely claiming vacancy and evicting tenants without due process.

  2. Creates additional oversight and accountability. The legislation shifts the burden of tenant-status confirmation from property owners to a government agency, reducing the potential for fraud or misrepresentation in demolition or renovation applications.

  3. Protects vulnerable residents and affordable housing. This measure is particularly significant in neighborhoods with high tenant populations, as it could help safeguard low-income or rent-stabilized tenants from displacement due to redevelopment pressures.

  4. May impact development timelines and administrative workload. The requirement for independent verification could introduce new procedural steps, potentially slowing permit approvals but also increasing transparency and public trust in the process.

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Who cares

Headline styles

Check for Tenants Before Demolition

Plain English, a few words. Used as the page title.

Sponsors

History

  1. Referred to cities

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

8810

IN SENATE

May 21, 2018

Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Cities

AN ACT to amend the New York city charter, in relation to requiring the New York city department of buildings to confirm that there are no tenants living at certain properties prior to approving or issuing permits for the demolition or the substantial alteration or renovation of such properties

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The New York city charter is amended by adding a new section 645-a to read as follows:

§ 645-a. Additional powers and duties of the department. In the event that a property owner submits an application for a permit for the demolition or the substantial alteration or renovation of any building or structure and represents to the department that no tenants are living at the property, the department shall independently confirm that there are no tenants living at the property prior to approving or issuing such permit.

§ 2. This act shall take effect on the first of January next succeeding the date upon which it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made on or before such date.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD15263-01-8

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the New York city charter, in relation to requiring the New York city department of buildings to confirm that there are no tenants living at certain properties prior to approving or issuing permits for the demolition or the substantial alteration or renovation of such properties

Purpose of bill

For far too long, property owners have submitted falsified applications for permits for construction that state there are no tenants living in their building, when in fact there are, with lax oversight from the New York Department of Buildings (DOB). This allows abusive and unethical property owners to disrupt the affordable housing market and put tenants safety and lives at risk, all for the sake of profit. This bill provides that the NYC DOB must independently verify there are no tenants living in a particular building upon receipt of an application for a permit for demolition or substantial alteration that states as much.

Summary of provisions

Section 1 amends the New York City charter by adding a new section 645-a to provide the Department of Buildings with the power to independently confirm there are no tenants living at property when a property owner submits a permit for demolition or substantial alteration and makes a statement to that effect.

Section 2 specifies when the act shall take place.

Justification

Abusive and unethical property owners frequently submit false applica- tions for demolition or substantial operation to the NYC Department of Buildings (DOB). These property owners indicate there are no tenants and the DOB does not check. Subsequently there are a myriad of direct and collateral consequences. The landlord does not have to institute a Tenant Protection Plan and guarantee any safety or health requirements, leading to unlivable and dangerous situations. Tenants often do not know they have any recourse because there are no posted permits alerting them to the right to tenant protection.

Earlier this year it was revealed that Jared Kushner's real estate company filed more than 80 construction permit applications for 34 buildings across the city between 2013 and 2016 stating that it had no rent-regulated tenants, when in fact there were over 300 rent-regulated units. He then used aggressive means of renovation to vacate the most vulnerable rent-regulated tenants and return those apartments to market value in order to turn a profit.

Unfortunately this is actually a widespread practice. Landlords regular- ly engage in this behavior, systematically reducing the availability of affordable housing. This bill aims to put a stop to this by providing that. DOB must independently verify there are no tenants in the build- ing, thus protecting tenants and protecting affordable housing.

Legislative history

New Bill.

Effective date

This act shall take effect on the first of January next succeeding the date upon which it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made on or before such date.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.