File #: Res 0609-2006    Version: * Name: The renewal of a Rent Stabilized lease and the definition of demolition in the context of the laws that apply to Rent Stabilization (A10944).
Type: Resolution Status: Filed
Committee: Committee on Housing and Buildings
On agenda: 11/15/2006
Enactment date: Law number:
Title: Resolution calling upon the New York State Legislature to pass, and the Governor to sign Assembly bill A.10944 sponsored by Assemblywoman Deborah Glick, in relation to the renewal of a Rent Stabilized lease and the definition of demolition in the context of the laws that apply to Rent Stabilization.
Sponsors: Rosie Mendez, Gale A. Brewer, Helen D. Foster, Alan J. Gerson, Sara M. Gonzalez, Letitia James, Darlene Mealy, Larry B. Seabrook, Melissa Mark-Viverito
Council Member Sponsors: 9

Res. No. 609

 

Resolution calling upon the New York State Legislature to pass, and the Governor to sign Assembly bill A.10944 sponsored by Assemblywoman Deborah Glick, in relation to the renewal of a Rent Stabilized lease and the definition of demolition in the context of the laws that apply to Rent Stabilization.

 

By Council Members Mendez, Brewer, Foster, Gerson, Gonzalez, James, Mealy, Seabrook and Mark-Viverito

 

Whereas, According to §26-511(9)(a) of the Administrative Code of the City of New York, an owner may refuse to renew a rent-stabilized lease when “he or she intends in good faith to demolish the building and has obtained a permit therefore from the department of buildings;” and

Whereas, The demolition of a Rent Stabilized apartment permanently removes that apartment and any replacement from the rent regulation system; and

Whereas, Some owners are applying to the New York State Department of Housing and Community Renewal (DHCR) for permission to evict tenants and not renew the Rent Stabilized leases of these tenants based upon a claim of an impending demolition; and

Whereas, The Rent Stabilization Code and the Administrative Code of the City of New York do not contain a definition of demolition; and

Whereas, Some owners may be applying to DHCR for permission to not renew Rent Stabilized leases under the guise of demolition but are only seeking the substantial rehabilitation or alteration of their property; and

Whereas, Assembly bill A.10944 would clarify the meaning of “demolition” in this context to require the complete demolition of the existing property, including the exterior walls, in order to lawfully terminate the leases of Rent Stabilized tenants; now, therefore, be it

Resolved, That the Council of the City of New York calls upon the New York State Legislature to pass, and the Governor to sign Assembly bill A.10944, in relation to the renewal of a Rent Stabilized lease and the definition of demolition in the context of the laws that apply to Rent Stabilization.

 

LS# 1193

BJG 

10/4/06