New York Assembly Bill A11311

New York 2025-2026 Regular Session

• Introduced: 5/11/26
• Refer: 5/11/26

Caption

Establishes income eligibility requirements for occupancy of rent-regulated housing accommodations

Summary

This bill would establish a statewide income cap for occupancy of rent-regulated housing in New York. Across the Emergency Tenant Protection Act, the Emergency Housing Rent Control Law, and New York City’s rent regulation provisions, it would make any person or household with income above 125% of area median income ineligible to occupy covered housing accommodations. The bill also directs the Division of Homes and Community Renewal and the Department of Taxation and Finance to adopt implementing rules and regulations. The bill includes enforcement and transition provisions. A tenant who willfully violates the income cap, including by submitting false income documentation, could face a civil penalty of up to $500 per day of illegal occupancy. However, current tenants whose income is already above the threshold would receive a 10-year grace period before eviction could be based on the income violation, while tenants whose income rises above the threshold after lawful occupancy would receive a 3-year grace period. The bill also requires successors to tenancy to meet the same income eligibility standard, and it would deny succession applications from ineligible persons.

Impact

If enacted, the bill would amend multiple rent-regulation statutes and the New York City Administrative Code to add an income-eligibility test for rent-regulated housing. It would affect tenants in rent-stabilized, rent-controlled, and other covered units, as well as landlords and managing agents who would need to comply with new documentation and occupancy rules. The bill also creates a new basis for denying succession rights and, after the applicable grace periods, for eviction based on excessive income. The measure would take effect immediately, with the city-code provisions tied to the continued existence of the housing emergency and the expiration dates of the underlying rent laws.

Sentiment

Based on the bill text and the absence of recorded committee debate or votes, the available context suggests a straightforward policy proposal rather than a heavily negotiated measure. The bill’s structure indicates a strong regulatory approach aimed at reserving rent-regulated housing for lower-income households, while also trying to soften the immediate effect on existing tenants through long transition periods. No formal vote history or transcript comments are provided, so there is no documented record here of support, opposition, or amendments from committee members.

Contention

The main point of contention is likely to be whether an income cap is appropriate for rent-regulated housing at all, since the bill would exclude households above 125% of area median income even if they are otherwise lawful tenants. Tenant advocates would likely object to the eviction and penalty provisions, especially the use of income as a ground for removing current tenants and the denial of succession rights. Landlords and administrators may be concerned about enforcement burdens, income verification, and the practical effect of the bill’s requirement that implementing regulations hold owners harmless for violations. The 10-year and 3-year grace periods appear designed to address fairness concerns for existing tenants, but they also underscore the bill’s potential to displace higher-income households over time.