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File #: Int 0700-2015    Version: Name: Required disclosures by persons making buyout offers.
Type: Introduction Status: Enacted
Committee: Committee on Housing and Buildings
On agenda: 2/26/2015
Enactment date: 9/3/2015 Law number: 2015/082
Title: A Local Law to amend the administrative code of the city of New York, in relation to required disclosures by persons making buyout offers
Sponsors: Jumaane D. Williams, Daniel R. Garodnick, Rafael L. Espinal, Jr., Inez D. Barron, Margaret S. Chin, Laurie A. Cumbo, Vanessa L. Gibson, Corey D. Johnson, Andy L. King, Karen Koslowitz, Brad S. Lander, Stephen T. Levin, Helen K. Rosenthal, Andrew Cohen, Carlos Menchaca, Ydanis A. Rodriguez, Ben Kallos, Ruben Wills
Council Member Sponsors: 18
Summary: This bill would amend the Housing Maintenance Code’s definition of “harassment” to make it unlawful for a dwelling owner, or an owner’s agent, to make a tenant buyout offer without first: (1) notifying the tenant that he or she has the right to refuse the buyout offer, and (2) disclosing that the person making the buyout offer is an agent of the tenant’s landlord (where such person is someone other than the landlord).
Attachments: 1. Summary of Int. No. 700, 2. Int. No. 700 - 2/26/15, 3. February 26, 2015 - Stated Meeting Agenda with Links to Files, 4. Committee Report 4/29/15, 5. Hearing Testimony 4/29/15, 6. Hearing Transcript 4/29/15, 7. Committee Report 8/11/15, 8. Hearing Transcript 8/11/15, 9. Committee Report - Stated Meeting, 10. August 13, 2015 - Stated Meeting Agenda with Links to Files, 11. Hearing Transcript of the Stated Meeting - August 13, 2015, 12. Fiscal Impact Statement, 13. Mayor's Letter, 14. Minutes of the Stated Meeting - August 13, 2015, 15. Local Law 82
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
9/3/2015AJumaane D. Williams City Council Recved from Mayor by Council  Action details Meeting details Not available
9/3/2015AJumaane D. Williams Mayor Signed Into Law by Mayor  Action details Meeting details Not available
9/2/2015AJumaane D. Williams Mayor Hearing Held by Mayor  Action details Meeting details Not available
8/13/2015AJumaane D. Williams City Council Sent to Mayor by Council  Action details Meeting details Not available
8/13/2015AJumaane D. Williams City Council Approved by CouncilPass Action details Meeting details Not available
8/11/2015*Jumaane D. Williams Committee on Housing and Buildings Hearing Held by Committee  Action details Meeting details Not available
8/11/2015*Jumaane D. Williams Committee on Housing and Buildings Amendment Proposed by Comm  Action details Meeting details Not available
8/11/2015*Jumaane D. Williams Committee on Housing and Buildings Amended by Committee  Action details Meeting details Not available
8/11/2015AJumaane D. Williams Committee on Housing and Buildings Approved by CommitteePass Action details Meeting details Not available
4/29/2015*Jumaane D. Williams Committee on Consumer Affairs Laid Over by Committee  Action details Meeting details Not available
4/29/2015*Jumaane D. Williams Committee on Consumer Affairs Hearing Held by Committee  Action details Meeting details Not available
4/29/2015*Jumaane D. Williams Committee on Housing and Buildings Laid Over by Committee  Action details Meeting details Not available
4/29/2015*Jumaane D. Williams Committee on Housing and Buildings Hearing Held by Committee  Action details Meeting details Not available
2/26/2015*Jumaane D. Williams City Council Referred to Comm by Council  Action details Meeting details Not available
2/26/2015*Jumaane D. Williams City Council Introduced by Council  Action details Meeting details Not available

Int. No. 700-A

 

By Council Members Williams, Garodnick, Espinal, Barron, Chin, Cumbo, Gibson, Johnson, King, Koslowitz, Lander, Levin, Rosenthal, Cohen, Menchaca, Rodriguez, Kallos and Wills

 

A Local Law to amend the administrative code of the city of New York, in relation to required disclosures by persons making buyout offers

 

Be it enacted by the Council as follows:

 

Section 1. Declaration of legislative intent and findings. a. The council finds and declares that:

                     1. While there are legitimate reasons for building owners to make buyout offers to tenants by offering money or other valuable consideration to vacate their apartments, some tenants do not understand their rights with respect to buyout offers, including their right to reject such an offer and remain in their apartment or to seek guidance from an attorney, and some tenants do not understand what a buyout offer is or that such offer is being made on behalf of the owner of the building in which they reside;

                     2. Tenants cannot meaningfully accept, reject or negotiate such offers without such an understanding; and

                     3. The city has a substantial interest in balancing the rights of building owners to make these buyout offers with the rights of tenants to meaningfully accept, reject or negotiate such offers or to refuse contact regarding such offers.

b. The council finds that it is necessary and appropriate to require the disclosure of certain factual and uncontroversial information in connection with buyout offers in order to protect tenants from confusion or deception.

§ 2. Paragraph 48 of subdivision a of section 27-2004 of the administrative code of the city of New York is amended by adding a new subparagraph f-2 to read as follows:

f-2. contacting any person lawfully entitled to occupancy of such dwelling unit to offer money or other valuable consideration to induce such person to vacate such dwelling unit or to surrender or waive any rights in relation to such occupancy, unless such owner discloses to such person in writing (i) at the time of the initial contact, and (ii) in the event that contacts continue more than 180 days after the prior written disclosure, at the time of the first contact occurring more than 180 days after the prior written disclosure:

(1) the purpose of such contact,

(2) that such person may reject any such offer and may continue to occupy such dwelling unit,

(3) that such person may seek the guidance of an attorney regarding any such offer and may, for information on accessing legal services, refer to The ABCs of Housing guide on the department’s website,

(4) that such contact is made by or on behalf of such owner, and

(5) that such person may, in writing, refuse any such contact and such refusal would bar such contact for 180 days, except that the owner may contact such person regarding such an offer if given express permission by a court of competent jurisdiction or if notified in writing by such person of an interest in receiving such an offer;

§ 3. This local law takes effect on the same date as a local law of the city of New York for the year 2015 amending the administrative code of the city of New York relating to amending the definition of harassment to include certain buyout offers, as proposed in introduction number 757-A, takes effect.

 

Wcj/GP

LS #1836

8/5/2015 7:29 PM