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S5119Senate2019-2020 SessionSame asA3851

Expand Rent Protections

Official title

“Provides for the declaration of housing emergencies for rental housing accommodations located in buildings owned by certain limited-profit housing companies”

Sponsor Brian KavanaghSD-26Affects Housing
Status
In Senate Committee
Housing, Construction And Community Development
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Housing, Construction And Community Development

What's happening

This bill makes certain former limited-profit housing buildings fully subject to rent stabilization under the Emergency Tenant Protection Act after voluntary dissolution.

Why it matters

  1. Prevents sudden rent hikes and tenant displacement. By making former limited-profit housing (excluding mutual companies) fully subject to rent stabilization after voluntary dissolution, the bill ensures current and future tenants won’t face sudden rent increases or loss of protections when these buildings leave their limited-profit status.

  2. Closes a loophole in tenant protection laws. The amendment overrides prior exceptions that might have allowed these buildings to escape rent regulation, thereby plugging a gap that could have led to deregulation and reduced affordability for vulnerable renters.

  3. Applies retroactively and prospectively. The bill’s language ensures it covers all relevant buildings that dissolved in the past, present, or future, meaning tenants in buildings dissolved before the law’s passage also gain new protections, not just those in future cases.

  4. Signals a policy shift toward long-term affordability. By binding formerly limited-profit housing to rent stabilization rules, the state emphasizes keeping more housing units under rent regulation, which may help address the ongoing affordability crisis and set a precedent for similar policy measures.

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Who cares

Headline styles

Expand Rent Protections

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

Sponsors

Primary sponsor
Brian Kavanagh

Senator · Senate District 26

Chair, Housing, Construction And Community Development

No co-sponsors yet.

History

  1. Referred to housing, construction and community development
  2. 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.

A3851Assembly

Expand Tenant Protections

In Assembly Committee · Housing · Sponsor J. Gary Pretlow

Impact 6 · Moderate0% to pass

Full text

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

STATE OF NEW YORK

5119

2019-2020 Regular Sessions

IN SENATE

April 9, 2019

Introduced by Sen. KAVANAGH -- 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, 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.

Sponsor's memo

Title of bill

An act to amend the emergency tenant protection act of nineteen seventy-four, in relation to the declaration of housing emer- gencies for rental housing accommodations located in buildings owned by certain limited-profit housing companies

Purpose of bill

The purpose of this bill is to protect tenants living in former Mitc- hell-Lama buildings that have undergone a voluntary dissolution.

Summary of provisions

Section 1 amends section five of section four of chapter 576 of the laws of 1974, constituting the emergency tenant protection act of nineteen severity-four, by adding a new subdivision c to include buildings that were owned by a company established under Article 2 of the Private Hous- ing Finance Law and are no longer owned by such company by reason of a voluntary dissolution as a class of-housing protected by the rent stabilization law, regardless of the date of initial occupancy.

Justification

Many limited-profit housing companies are exercising their option to pre-pay their State subsidized mortgages and "buy-out" of the Mitchell- Lama moderate income housing program. In the event of a buy-out, exist- ing tenants will face eviction if they cannot afford the new market-rate rents in these buildings. This legislation seeks to ensure that these tenants can continue to afford to live in their current apartments.

Legislative history

2018:A3541(Pretlow)- Ordered to third reading cal.275 2017:A3541(Pretlow)- Referred to Housing. 2016:A2917(Pretlow)- Advanced to third reading cal.648 2015:A2917(Pretlow)- Referred to Housing 2014:A4051(Pretlow)- Passed Assembly and died in Senate Housing, Construction, and Cemmunity Development 2013: A4051 (Pretlow) - Advanced to third reading cal.74 2012: A2750A (Pretlow) - Passed Assembly and died in Senate Rules 2011: A2750A (Pretlow)- Referred to Housing 2010: S8431 (RULES) /A2498 (Pretlow) - Passed Assembly and ordered to third reading cal.1435 2009: A2498 (Pretlow) - Passed Assembly and died in Sencte Housing, Construction, and Community Development 2008: A4196 (Pret)ow) -- Passed Assembly and died in Senate Rules 2007: A4196 (Pretlow)Passed Assembly sod died in Sena.tc Rules 2006: 1t2522 (Pretlow) - Passed Assembly and died in Sonate Housing, Construction, and Community Development 2005: A2522 (Pretlow) - Passed Assembly and died in Senate Eousing, Construction, and Community Development 2004: A670A (Pretlow) - Passed Assembly and died in Senate Housing, Construction, and Community Development 2003: A610A (Pretlow) - Referred to Housing 2002: A3064 (Pretlow) - Ordered to third reading rules cs1.1063 2001: A3064 (Pretlow) Referred to Ways and Hearts 2000: A8494 (Pretiow) - Ordered to third reading rules cal.1179 1999: A5494 (Pretlow) - Ordered to third cording rules cal.913

Fiscal implications for state and local governments

None.

Effective date

This act shall take effect immediately and shall apply to housing compa- nies 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 chaptcr 576 of the laws of 1974, as amended and shall be deemed to expire therewith.

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