A 5427: Provides that any tenant who is evicted or otherwise removed from a dwelling unit as a result of a vacate order issued by any governmental agency or department due to fire shall be entitled to a suitable accommodation; defines suitable accommodation; makes related provisions.

  
  STATE OF NEW YORK ________________________________________________________________________ 5427 2025-2026 Regular Sessions  IN ASSEMBLY February 14, 2025 ___________ Introduced by M. of A. VALDEZ -- read once and referred to the Committee on Housing AN ACT to amend the administrative code of the city of New York, in relation to protecting tenants displaced due to fire The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The administrative code of the city of New York is amended 2 by adding a new section 26-307 to read as follows: 3 § 26-307 Protecting tenants displaced due to fire. 1. Any tenant who 4 is evicted or otherwise removed from a dwelling unit as a result of a 5 vacate order issued by any governmental agency or department due to fire 6 shall be entitled to a suitable accommodation as defined by subdivision 7 two of this section while the vacate order remains in effect. The 8 department of housing preservation and development shall refer the 9 tenant to such suitable accommodation and, if the tenant accepts, the 10 owner of the building from which such tenant was relocated shall pay for 11 the rent on the suitable accommodation upon a finding that the owner, or 12 such owner's designated agent, negligently or intentionally caused or 13 contributed to the fire resulting in the vacate order. Such owner shall 14 be liable to pay for the rent of such suitable accommodation until the 15 commissioner determines that sufficient repairs are completed and until 16 such tenant is notified of their right of first refusal pursuant to 17 subdivision four of this section. 18 2. For purposes of this section, "suitable accommodation" shall mean a 19 dwelling unit approved by the commissioner of the department of housing 20 preservation and development that: 21 (a) has adequate floor area for the tenant and such tenant's family 22 pursuant to the housing maintenance code of the city of New York; 23 (b) has no immediately hazardous violations of record in the dwelling 24 unit; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08296-01-5 
 A. 5427 2 1 (c) has no violations of record in the dwelling unit for vermin, mice, 2 or other pest infestations, unless a letter from a licensed exterminator 3 certifies that the building is under contract to be serviced monthly; 4 (d) does not have any rooms or facilities which can be reached only 5 through a public area, unless the dwelling unit is approved for single 6 room occupancy use or is a room in a dwelling unit; 7 (e) has heat and hot water; 8 (f) contains a private kitchen or kitchenette for the exclusive use of 9 the tenant and such tenant's family, unless the dwelling unit is 10 approved for single room occupancy use or is a room in a dwelling unit; 11 (g) contains private and fully enclosed toilet and bathing facilities 12 for the exclusive use of the tenant and such tenant's family, unless the 13 dwelling unit is approved for single room occupancy use or is a room in 14 a dwelling unit; 15 (h) has a window or adequate light and ventilation in each room pursu- 16 ant to the housing maintenance code of the city of New York; 17 (i) complies with accessibility standards under the federal Americans 18 with Disabilities Act; and 19 (j) where feasible, is comparable to the dwelling unit of the 20 displaced tenant in terms of square footage, amenities, number of 21 bedrooms, and borough location. 22 3. Any tenant subject to a vacate order issued due to a fire may apply 23 to the department of housing preservation and development to establish 24 reduced rent for the vacated apartment at one dollar per month or anoth- 25 er nominal amount. If the department establishes such nominal rent, the 26 tenant shall pay such rent, without interruption, to establish and main- 27 tain their right of first refusal. 28 4. Any tenant who is evicted or otherwise removed from their unit as a 29 result of a vacate order issued due to a fire shall have a right of 30 first refusal to return to such unit as a tenant upon a determination by 31 the department of housing preservation and conservation that repairs on 32 the unit are complete and that the dwelling unit was restored with amen- 33 ities equal to or better than before the fire took place. In addition to 34 offering a right of first refusal to the tenant, the owner shall also 35 cover the reasonable costs of moving back in without imposing a new 36 security deposit. Any tenant unlawfully denied such right of first 37 refusal to return to such unit shall have a cause of action in any court 38 of competent jurisdiction for compensatory damages or declaratory and 39 injunctive relief as the court deems necessary in the interests of 40 justice, provided that such compensatory relief shall not exceed the 41 annual rental charges for such unit. 42 5. If the owner fails, neglects, or refuses to pay the rent for the 43 suitable accommodation of a displaced tenant pursuant to subdivision one 44 of this section, the department of housing preservation and development 45 may advance such rent payments. The department shall then be entitled to 46 recover from the owner any amount the department paid to the tenant. In 47 addition, the department shall also be entitled to recover from the 48 owner an additional amount equal to the sum of one-half the amount so 49 paid, but not to exceed ten thousand dollars, as a penalty for failure 50 to make timely payment to the displaced tenant. 51 6. The commissioner may adopt any rules or regulations necessary to 52 effectuate the purposes of this section. 53 § 2. Severability. If any clause, sentence, paragraph, subdivision, 54 section or part of this act shall be adjudged by any court of competent 55 jurisdiction to be invalid, such judgment shall not affect, impair, or 56 invalidate the remainder thereof, but shall be confined in its operation 
 A. 5427 3 1 to the clause, sentence, paragraph, subdivision, section or part thereof 2 directly involved in the controversy in which such judgment shall have 3 been rendered. It is hereby declared to be the intent of the legislature 4 that this act would have been enacted even if such invalid provisions 5 had not been included herein. 6 § 3. This act shall take effect on the ninetieth day after it shall 7 have become a law.