New York S 4395: Provides for the determination of primary residency of rent regulated housing accommodations based upon the filing of income tax returns and place of voting

Bill Text

STATE OF NEW YORK
________________________________________________________________________
4395
2017-2018 Regular Sessions
IN SENATE
February 13, 2017
___________
Introduced by Sen. MURPHY -- 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 administrative code of the city of New York and the
emergency tenant protection act of nineteen seventy-four, in relation
to determining primary residency of rent regulated housing accommo-
dations
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Clause 10 of subparagraph (i) of paragraph 2 of subdivision
2 e of section 26-403 of the administrative code of the city of New York,
3 as amended by chapter 422 of the laws of 2010, is amended to read as
4 follows:
5 (10) Housing accommodations not occupied by the tenant, not including
6 subtenants or occupants, as his or her primary residence, as determined
7 by a court of competent jurisdiction. For the purposes of determining
8 primary residency, a tenant who is a victim of domestic violence, as
9 defined in section four hundred fifty-nine-a of the social services law,
10 who has left the unit because of such violence, and who asserts an
11 intent to return to the housing accommodation shall be deemed to be
12 occupying the unit as his or her primary residence. For purposes of
13 determining primary residency, as such term is used in this chapter,
14 there shall be a presumption, rebuttable by the tenant, that the tenant
15 does not occupy such housing accommodation as his or her primary resi-
16 dence, where:
17 (i) such tenant is required by law to file an income tax return and
18 such tenant either (a) fails to file one or more city resident income
19 tax returns or (b) such tenant files one or more federal, state or local
20 income tax returns based upon a residence other than the housing accom-
21 modation which is subject to this chapter, provided, however, that where
22 a tenant is the recipient of a property tax exemption or any other tax
EXPLANATION--Matter in (underscored) is new; matter in bracketsitalics
[ ] is old law to be omitted.
LBD07644-01-7

S. 4395 2
1 benefit arising from or attributable to the ownership of such other
2 residence, the presumption that the tenant does not occupy such housing
3 accommodation as his or her primary residence shall not be rebuttable by
4 such tenant, or
5 (ii) one or more votes are cast by such tenant during their tenancy in
6 any election held in accordance with the provisions of the election law
7 conducted in any election district other than the one designated for the
8 Nohousing accommodation subject to this chapter located in the city.
9 action or proceeding shall be commenced seeking to recover possession on
10 the ground that a housing accommodation is not occupied by the tenant as
11 his or her primary residence unless the owner or lessor shall have given
12 thirty days notice to the tenant of his or her intention to commence
13 such action or proceeding on such grounds.
14 § 2. Subparagraph (f) of paragraph 1 of subdivision a of section
15 26-504 of the administrative code of the city of New York, as amended by
16 chapter 422 of the laws of 2010, is amended to read as follows:
17 (f) not occupied by the tenant, not including subtenants or occupants,
18 as his or her primary residence, as determined by a court of competent
19 jurisdiction[ ], provided, however that no . For purposes of determining
20 primary residency, as such term is used in this chapter, there shall be
21 a presumption, rebuttable by the tenant, that the tenant does not occupy
22 such housing accommodation as his or her primary residence, where:
23 (i) such tenant is required by law to file an income tax return and
24 such tenant either (a) fails to file one or more city resident income
25 tax returns or (b) such tenant files one or more federal, state or local
26 income tax returns based upon a residence other than the housing accom-
27 modation which is subject to this chapter, provided, however, that where
28 a tenant is the recipient of a property tax exemption or any other tax
29 benefit arising from or attributable to the ownership of such other
30 residence, the presumption that the tenant does not occupy such housing
31 accommodation as his or her primary residence shall not be rebuttable by
32 such tenant, or
33 (ii) one or more votes are cast by such tenant during their tenancy in
34 any election held in accordance with the provisions of the election law
35 conducted in any election district other than the one designated for the
36 housing accommodation subject to this chapter located in the city. No
37 action or proceeding shall be commenced seeking to recover possession on
38 the ground that a housing accommodation is not occupied by the tenant as
39 his or her primary residence unless the owner or lessor shall have given
40 t