New York 2025-2026 Regular Session

New York Assembly Bill A01622

Introduced
1/10/25  
Refer
1/10/25  

Caption

Relates to unlawful tenancies under the emergency tenant protection act of 1974; prohibits owners from entering or renewing leases where such owner has reason to know that such tenant will not occupy the housing accommodation as the tenant's primary residence.

Summary

This bill amends the Emergency Tenant Protection Act of 1974 and the New York City rent stabilization code to restrict who may lease a vacant rent-regulated housing accommodation. It would prohibit an owner or agent from entering into a lease or rental agreement if they have reason to know the tenant will not use the unit as a primary residence, or if the tenant is a corporation, partnership, business, or not-for-profit entity. The bill creates narrow exceptions for certain not-for-profit housing providers serving low-income or vulnerable populations, and for business entities that provide a unit to an officer, partner, employee, or other natural person who will actually live there as a primary residence. The measure also ties these new tenancy restrictions to existing civil penalty provisions under both state and city law. Violations would be treated similarly to other violations enforced by the Division of Housing and Community Renewal, with administrative penalties ranging from $1,000 to $2,000 for a first offense and $2,000 to $3,000 for subsequent offenses. In New York City, the bill amends the rent stabilization code to add the same prohibition and penalty structure for regulated apartments covered by that chapter. Overall, the bill appears aimed at preventing misuse of rent-regulated apartments by shell entities, corporate tenants, or other non-primary-residence arrangements, while preserving limited uses tied to legitimate housing nonprofits and business-related housing for an actual resident. Its practical effect would be to tighten enforcement of primary-residence requirements in regulated housing and give regulators clearer authority to penalize prohibited leases. Because there are no committee transcripts or recorded votes in the provided material, there is no documented debate or formal vote history to gauge sentiment. Based on the bill’s structure and caption, the proposal appears to be framed as a tenant-protection and anti-abuse measure, likely appealing to supporters of rent regulation and enforcement. Potential opposition would likely come from property owners or business entities concerned about reduced leasing flexibility and increased compliance risk, but no specific objections are included in the record provided.

Impact

The bill would amend the Emergency Tenant Protection Act of 1974 and the New York City Administrative Code to bar owners from leasing rent-regulated vacant units to tenants they know will not occupy as a primary residence, or to business and not-for-profit entities, subject to limited exceptions. It would also expand the civil penalty provisions so violations of the new tenancy restrictions can be enforced by the Division of Housing and Community Renewal and, in New York City, under the rent stabilization code. The affected parties are owners, agents, corporate tenants, nonprofit housing providers, and regulated tenants in New York State and New York City.

Sentiment

No committee discussion or voting record was provided, so there is no direct evidence of legislative sentiment from debate or roll call. The bill’s caption and text suggest a generally pro-tenant, enforcement-oriented purpose focused on preventing unlawful or non-primary-residence tenancies in regulated housing. Any opposition would likely center on landlord flexibility and the burden of verifying tenant occupancy and entity status, but those views are not documented in the supplied materials.

Contention

The main point of contention is likely the bill’s broad prohibition on leasing to business and not-for-profit entities, especially where an owner merely has “reason to know” the unit will not be used as a primary residence. Supporters would view this as necessary to stop circumvention of rent-regulation rules and preserve housing for actual residents. Critics may argue that the standard is vague, could chill legitimate leasing decisions, and may create compliance and enforcement challenges for owners. The bill addresses this by carving out exceptions for certain housing-focused nonprofits and for business entities that house an actual natural person who will use the unit as a primary residence.

Companion Bills

NY S00240

Same As Relates to unlawful tenancies under the emergency tenant protection act of 1974; prohibits owners from entering or renewing leases where such owner has reason to know that such tenant will not occupy the housing accommodation as the tenant's primary residence.

Previously Filed As

NY S00240

Relates to unlawful tenancies under the emergency tenant protection act of 1974; prohibits owners from entering or renewing leases where such owner has reason to know that such tenant will not occupy the housing accommodation as the tenant's primary residence.

NY S00130

Relates to unlawful tenancies under the emergency tenant protection act of 1974; prohibits owners from entering or renewing leases where such owner has reason to know that such tenant will not occupy the housing accommodation as his or her primary residence.

NY S09287

Establishes a real property tax exemption for certain property owners who reside full-time on such property in certain counties; requires that such owners occupy such property as their primary residence and are enrolled in or eligible for the STAR exemption or credit or that such owners rent to a tenant for a term of at least twelve months and such tenant occupies such property as their primary residence.

NY A11243

Establishes a real property tax exemption for certain property owners who reside full-time on such property in certain counties; requires that such owners occupy such property as their primary residence and are enrolled in or eligible for the STAR exemption or that such owners rent to a tenant for a term of at least twelve months and such tenant occupies such property as their primary residence.

NY S08559

Establishes the crime of aggravated harassment of a rent regulated tenant which occurs when an owner intentionally engages in a systematic ongoing course of conduct to induce three or more rent regulated tenants occupying different housing accommodations in two or more residential buildings to vacate such housing accommodations or if such owner commits the crime of harassment of a rent regulated tenant and was previously convicted of the same crime in the past five years.

NY A09220

Establishes the crime of aggravated harassment of a rent regulated tenant which occurs when an owner intentionally engages in a systematic ongoing course of conduct to induce three or more rent regulated tenants occupying different housing accommodations in two or more residential buildings to vacate such housing accommodations or if such owner commits the crime of harassment of a rent regulated tenant and was previously convicted of the same crime in the past five years.

NY SB1523

Relating to electronic access to residential tenancies; and prescribing an effective date.

NY AB2581

Housing: affordable housing tenants: home ownership.

NY SB594

Relating to terminations of residential tenancies without tenant cause.

NY H8109

Prohibits a landlord from removing a tenant from any housing accommodation, or attempt such removal or exclusion from possession.

Similar Bills

No similar bills found.