NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1249
SPONSOR: Glick TITLE OF BILL:
An act to amend the administrative code of the city of New York, in
relation to renewal of a lease under the stabilization code
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to clarify the original intent of the demli-
tion provision of the Rent Stabilization Law, and to prohibit building
owners from using demolition applications to evict rent stabilized,
tenants without actually demolishing their builAings.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends subparagraph (a) o paragraph 9 of subdivi-
sion c of section 26-511 of the administrative code of the city of New
York, constituting a provision of the rent stabilization law of nineteen
hundred sixty-nine. The amendments define building demolition, establish
new procedures at the division of housing and Community renewal for
demolition applications, and grant rent stabili'ied tenants expanded
options in cases where demolition applications are approved.
Section 2 provides for the effective date.
JUSTIFICATION:
It is in the State's economic and social interest that an adequate
supply of affordable housing be available. But as development pressures
continue to drive the competitive real estate market in New York City
and surrounding counties, there has been an increasing loss of afforda-
ble housing units. Eager to increase profits on rent stabilized housing
units in particular, building owners have utilized a variety of means to
turn these units into more profitable luxury housing or commercial
units. The result has been that each year, thousands of rent-stabilized
units are permanently removed from the housing stock. This trend contin-
ues as owners seek new ways to manipulate the letter and spirit of the
law in order to more expeditiously eliminate the rent stabilized units
in a building.
This bill addresses one method by which owners are increasingly attempt-
ing in order to deregulate rent-stabilized apartments. While the Legis-
lature intended that the demolition provision of the Rent Stabilization
law permit owners to demolish old, dilapidated and dangerous housing in
order to replace it with new, safe housing, some owners are attempting
to redefine demolition as simple renovations where entire floors are
left intact, outer walls are untouched, or major structural elements
remain in place. Such uses of the term "demolition" are inconsistent
with both its common meaning and the meaning that was intended by the
Legislature. This bill will clarify the definition of "demolition",
making it consistent with its common and intended definitions.
Accordingly, it will be clear that owners shall not be permitted to
eliminate rent-stabilized housing units by manipulating the demolition
provision in this manner.
FISCAL IMPLICATIONS:
To be determined.
LEGISLATIVE HISTORY:
2023-24: A.3977
2021-2022: S.490/A.8278
2019-2020: S.1920/A.725
2017-2018: S.3193/A.5901
2015-2016: 5.2856/A.3602
2013-2014: S.3176/A.3904
2011-2012: S.906/A.3596
2009-2010: S.3854-13/A.2558-13
2008: A.7233
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to any action or
proceeding pending in any court and to any application, complaint, or
proceeding pending before an administrative agency on such effective
date, as well as to any action or proceeding commenced thereafter;
provided, however that the amendments to subparagraph (a) of paragraph 9
of subdivision c of section 26-511 of the rent stabilization law of
nineteen hundred sixty-nine made by section one of this act shall expire
of such law as provided under section 26-520 of the administrative code
of the city of New York.
