New York S 538: Establishes tenant eligibility for certain housing accommodations

Bill Text

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S00538 Summary:

BILL NOS00538 

&nbsp

SAME ASSAME AS A07704

&nbsp

SPONSORMARTINS

&nbsp

COSPNSRBORRELLO, CANZONERI-FITZPATRICK, RHOADS, ROLISON

&nbsp

MLTSPNSR

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Amd §10, Emerg Ten Prot Act of 1974; amd §10, Emerg Hous Rent Cont L; add §26-418, amd §26-512, NYC Ad Cd

&nbsp

Prohibits persons whose income is greater than one hundred twenty-five percent of the area median income from occupying certain housing accommodations.

Go to top S00538 Actions:

BILL NOS00538 

&nbsp

01/08/2025REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

01/07/2026REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

Go to topS00538 Committee&nbspVotes:

Go to topS00538 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS00538 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 538

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sens. MARTINS, BORRELLO, RHOADS, ROLISON -- 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 seven-
 ty-four, the emergency housing rent control law and the administrative
 code of the city of New York, in relation to establishing tenant
 eligibility for certain housing accommodations

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

 1 Section 1. Section 10 of section 4 of chapter 576 of the laws of 1974,
 2 constituting the emergency tenant protection act of nineteen seventy-
 3 four, is amended by adding a new subdivision d to read as follows:
 4 d. Notwithstanding any provisions of law to the contrary, any person,
 5 or persons, whose income exceeds one hundred twenty-five percent of area
 6 median income shall be ineligible to occupy any housing accommodation
 7 subject to this act.
 8 (1) The division of homes and community renewal and the department of
 9 taxation and finance shall promulgate rules and regulations necessary to
 10 implement this subdivision, provided however, such rules and regulations
 11 shall include holding the owner, or such owner's agent, of the housing
 12 accommodation harmless for any violation of this subdivision.
 13 (2) A tenant found by a court of competent jurisdiction to have will-
 14 fully violated this subdivision, including, but not limited to, by
 15 providing the owner, or such owner's agent false income documentation in
 16 an effort to obtain tenancy of the housing accommodation, shall be
 17 subject to a civil penalty not to exceed five hundred dollars per day of
 18 illegal occupancy, provided however, that a tenant who currently occu-
 19 pies a housing accommodation subject to this act, and whose income
 20 exceeds the threshold provided in this subdivision, shall be exempt from
 21 civil penalties and shall not be evicted on the grounds of a violation

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01762-01-5

 S. 538 2

 1 of this subdivision for the duration of the most recent lease agreement
 2 executed prior to the effective date of this subdivision. After the
 3 duration of the most recent lease agreement executed prior to the effec-
 4 tive date of this subdivision has ended, continued violation of this
 5 subdivision by the tenant, as determined by a court of competent juris-
 6 diction, shall constitute grounds for eviction.
 7 (3) A tenant who lawfully occupies a housing accommodation subject to
 8 this act, and whose income increased above one hundred twenty-five
 9 percent of area median income, shall be exempt from civil penalties and
 10 shall not be evicted on the grounds of a violation of this subdivision
 11 for the duration of the most recent lease agreement executed prior to
 12 the increase in income. After the duration of the most recent lease
 13 agreement executed prior to the increase in income has ended, continued
 14 violation of this subdivision by the tenant, as determined by a court of
 15 competent jurisdiction, shall constitute grounds for eviction.
 16 (4) Any person who inherits tenancy through successorship as defined
 17 in sec