What's happening
This bill makes certain former limited-profit housing company buildings fully subject to the Emergency Tenant Protection Act after dissolution.
Why it matters
Expands Rent Stabilization Protections. By making former limited-profit housing company buildings (excluding mutual companies) that dissolve under PHFL Article 2 fully subject to the Emergency Tenant Protection Act (ETPA), the bill ensures that more tenants in these buildings receive rent stabilization protections, such as limits on rent increases and eviction safeguards.
Applies Retroactively. The bill covers buildings whose companies dissolved in the past, are dissolving now, or will dissolve in the future, meaning tenants in affected buildings will benefit from this change regardless of when the dissolution occurred.
Closes a Legal Gap. Previously, tenants in these buildings could lose rent regulation protections upon their building’s withdrawal from the limited-profit program; this amendment prevents landlords from removing such buildings from rent regulation through voluntary dissolution, potentially curbing speculative rent hikes and displacement.
Excludes Certain Provisions. The bill clarifies that some exceptions and specific provisions of the ETPA (notably subdivision a of section nine) will not apply to these newly covered units, indicating targeted protection and possibly different treatment from other ETPA-covered housing.
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Who cares
Tenants in former limited-profit rental housing
The bill would bring apartments in buildings formerly owned by voluntarily dissolved Article 2 housing companies, other than mutual companies, under the Emergency Tenant Protection Act, subject to remaining applicable exceptions.
Owners of former limited-profit rental buildings
The bill would subject qualifying apartments to the act despite the exceptions in paragraphs three and five of subdivision a of section five, and would exclude them from subdivision a of section nine.
Limited-profit housing companies considering dissolution
The bill would apply to companies that dissolve before, on or after its effective date, so qualifying buildings could not avoid its coverage based on when the company dissolves.
Headline styles
Expand Tenant Protections
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to housing
- Referred to housing
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.
Expand Rent Protections
In Senate Committee · Housing, Construction And Community Development · Sponsor Brian Kavanagh
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3851
2019-2020 Regular Sessions
IN ASSEMBLY
January 31, 2019
Introduced by M. of A. PRETLOW -- read once and referred to the Committee on Housing
AN ACT to amend the emergency tenant protection act of nineteen seventy-four, in relation to the declaration of housing emergencies for rental housing accommodations located in buildings owned by certain limited-profit housing companies
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 5 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 c to read as follows:
c. Notwithstanding the provisions of paragraph three or five of subdivision a of this section but subject to any other applicable exceptions in such subdivision, rental housing accommodations located in buildings which were owned by a company established under article 2 of the private housing finance law, other than a mutual company, that voluntarily dissolved pursuant to section 35 of such law shall be fully subject to the provisions of this act. The provision of subdivision a of section nine of this act shall not apply to any housing accommodation which became subject to this act pursuant to this subdivision.
§ 2. This act shall take effect immediately and shall apply to housing companies that dissolve before, on or after such date; provided, however, that the amendments to the emergency tenant protection act of nineteen seventy-four made by this act shall not affect the expiration of such act as provided in section 17 of chapter 576 of the laws of 1974, as amended and shall be deemed to expire therewith.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06632-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.