A03208 Summary:

BILL NOA03208
 
SAME ASSAME AS S03156
 
SPONSORO'Donnell
 
COSPNSR
 
MLTSPNSR
 
Add §645-a, NYC Chart
 
Requires the New York city department of buildings to confirm that there are no tenants living at certain properties prior to approving or issuing permits for the demolition or the substantial alteration or renovation of such properties.
Go to top    

A03208 Actions:

BILL NOA03208
 
02/02/2023referred to cities
01/03/2024referred to cities
Go to top

A03208 Committee Votes:

Go to top

A03208 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3208
 
SPONSOR: O'Donnell
  TITLE OF BILL: An act to amend the New York city charter, in relation to requiring the New York city department of buildings to confirm that there are no tenants living at certain properties prior to approving or issuing permits for the demolition or the substantial alteration or renovation of such properties   PURPOSE OR GENERAL IDEA OF BILL:: For far too long, property owners have submitted falsified applications for permits for construction that state there are no tenants living in their building, when in fact there are, with lax oversight from the New York Department of Buildings (DOB). This allows abusive and unethical property owners to disrupt the affordable housing market and put tenants safety and lives at risk, all for the sake of profit. This bill provides that the NYC DOB must independently verify there are no tenants living in a particular building upon receipt of an application for a permit for demolition or substantial alteration that states as much.   SUMMARY OF PROVISIONS:: Section 1 amends the New York City charter by adding a new section 645-a to provide the Department of Building s with the power to independently confirm there are no tenants living at property when a property owner submits a permit for demolition or substantial alteration and makes a statement to that effect.Section 2 specifies when the act shall take place.   JUSTIFICATION:: Abusive and unethical property owners frequently submit false applica- tions for demolition or substantial operation to the NYC Department of Buildings (DOB). These property owners indicate there are no tenants and the DOB does not check. Subsequently there are a myriad of direct and collateral consequences. The landlord does not have to institute a Tenant Protection Plan and guarantee any safety or health requirements, leading to unlivable and dangerous situations. Tenants often do not know they have any recourse because there are no posted permits alerting them to the right to tenant protection.Earlier this year it was revealed that Jared Kushner's real estate company filed more than 80 construction permit applications for 34 buildings across the city between 2013 and 2016 stating that it had no rent-regulated tenants, when in fact there were over 300 rent-regulated units. He then used aggressive means of renovation to vacate the most vulnerable rent-regulated tenants and return those apartments to market value in order to turn a profit.Unfortunately this is actually a widespread practice. Landlords regularly engage in this behavior, systematically reducing the avail- ability of affordable housing. This bill aims to put a stop to this by providing that DOB must independently verify there are no tenants in the building, thus protecting tenants and protecting affordable housing.   PRIOR LEGISLATIVE HISTORY::. 2021-22: A.4405/S.801 2019-20: A.7778/S.1479   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:: None   EFFECTIVE DATE:: This act shall take effect on the first of January next succeeding the date upon which it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made on or before such date.
Go to top

A03208 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3208
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 2, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
          Committee on Cities
 
        AN ACT to amend the New York city charter, in relation to requiring  the
          New  York  city  department  of buildings to confirm that there are no
          tenants living at certain properties prior  to  approving  or  issuing
          permits for the demolition or the substantial alteration or renovation
          of such properties
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The New York city  charter  is  amended  by  adding  a  new
     2  section 645-a to read as follows:
     3    §  645-a. Additional powers and duties of the department. In the event
     4  that a property owner submits an application for a permit for the  demo-
     5  lition  or  the  substantial alteration or renovation of any building or
     6  structure and represents to the department that no tenants are living at
     7  the property, the department shall independently confirm that there  are
     8  no  tenants    living at the property prior to approving or issuing such
     9  permit.
    10    § 2. This act shall take effect on the first of January next  succeed-
    11  ing the date upon which it shall have become a law. Effective immediate-
    12  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
    13  necessary for the implementation of this act on its effective  date  are
    14  authorized to be made on or before such date.
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07332-01-3
Go to top