New York S 1852: Relates to housing accommodations in certain buildings where seventy-five percent of the total residents are fifty-five or older

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S01852 Summary:

BILL NOS01852 

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SAME ASNo Same As

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SPONSORHINCHEY

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COSPNSR

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MLTSPNSR

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Amd §§5 & 10, Emerg Ten Prot Act of 1974

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Relates to regulations pertaining to housing accommodations in buildings with six or more dwelling units where seventy-five percent of the total residents are fifty-five or older.

Go to top S01852 Actions:

BILL NOS01852 

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01/14/2025REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

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

Go to topS01852 Committee&nbspVotes:

Go to topS01852 Floor&nbspVotes:

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

Go to topS01852 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1852

 2025-2026 Regular Sessions

 IN SENATE

 January 14, 2025
 ___________

 Introduced by Sen. HINCHEY -- 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, in relation to housing accommodations in certain buildings
 where seventy-five percent of the total residents are fifty-five or
 older

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

 1 Section 1. Section 5 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 c to read as follows:
 4 c. The exception in paragraph five of subdivision a of this section
 5 shall not apply to housing accommodations in buildings containing six or
 6 more dwelling units in which the number of residents aged fifty-five or
 7 older exceeds seventy-five percent of the total building residents.
 8 § 2. Subdivision a of section 10 of section 4 of chapter 576 of the
 9 laws of 1974, constituting the emergency tenant protection act of nine-
 10 teen seventy-four, as amended by section 15 of part Q of chapter 39 of
 11 the laws of 2019, is amended to read as follows:
 12 a. For cities having a population of less than one million and towns
 13 and villages, the state division of housing and community renewal shall
 14 be empowered to implement this act by appropriate regulations. Such
 15 regulations may encompass such speculative or manipulative practices or
 16 renting or leasing practices as the state division of housing and commu-
 17 nity renewal determines constitute or are likely to cause circumvention
 18 of this act. Such regulations shall prohibit practices which are likely
 19 to prevent any person from asserting any right or remedy granted by this
 20 act, including but not limited to retaliatory termination of periodic
 21 tenancies and shall require owners to grant a new one or two year vacan-
 22 cy or renewal lease at the option of the tenant, except where a mortgage

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05374-01-5

 S. 1852 2

 1 or mortgage commitment existing as of the local effective date of this
 2 act provides that the owner shall not grant a one-year lease; and shall
 3 prescribe standards with respect to the terms and conditions of new and
 4 renewal leases, additional rent and such related matters as security
 5 deposits, advance rental payments, the use of escalator clauses in leas-
 6 es and provision for increase in rentals for garages and other ancillary
 7 facilities, so as to ensure that the level of rent adjustments author-
 8 ized under this law will not be subverted and made ineffective. Such
 9 regulations shall require owners of buildings containing six or more
 10 dwelling units in which the number of residents aged fifty-five or older
 11 exceeds seventy-five percent of the total building residents to offer a
 12 vacancy or renewal lease of no fewer than two years. Any provision of
 13 the regulations permitting an owner to refuse to renew a lease on
 14 grounds that the owner seeks to recover possession of a housing accommo-
 15 dation for [his or her] their own use and occupancy or for the use and
 16 occupancy of [his or her] their immediate family shall permit recovery
 17 of only one housing accommodat