S 8891: Establishes income eligibility requirements that a tenant shall have income not to exceed one hundred twenty-five percent of the area median income to be eligible to occupy certain rent-regulated housing accommodations.

  
  STATE OF NEW YORK ________________________________________________________________________ 8891  IN SENATE January 13, 2026 ___________ Introduced by Sen. MARTINS -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development AN ACT to amend the emergency tenant protection act of nineteen seven- ty-four, the emergency housing rent control law, and the administra- tive code of the city of New York, in relation to establishing income eligibility requirements for occupancy of rent-regulated housing accommodations The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 10 of section 4 of chapter 576 of the laws of 1974, 2 constituting the emergency tenant protection act of nineteen seventy- 3 four, is amended by adding a new subdivision d to read as follows: 4 d. 1. Notwithstanding any other provision of law to the contrary, any 5 person, or persons, whose income exceeds one hundred twenty-five percent 6 of the area median income shall be ineligible to occupy any housing 7 accommodation subject to the provisions of this act. 8 2. The division of homes and community renewal and the department of 9 taxation and finance shall promulgate rules and regulations necessary to 10 implement this subdivision, provided however, such rules and regulations 11 promulgated shall hold the owner of the housing accommodation, or such 12 owner's agent, harmless for any violation of paragraph one of this 13 subdivision. 14 3. A tenant found by a court of competent jurisdiction to have will- 15 fully violated paragraph one of this subdivision, including, but not 16 limited to, by providing the owner, or such owner's agent false income 17 documentation in an effort to obtain tenancy of the housing accommo- 18 dation, shall be subject to a civil penalty not to exceed five hundred 19 dollars per day of illegal occupancy, provided however, that a tenant 20 who currently occupies a housing accommodation subject to the provisions 21 of this act, and whose income exceeds the threshold provided in para- 22 graph one of this subdivision, shall be exempt from civil penalties and 23 shall not be evicted on the grounds of a violation of paragraph one of 24 this subdivision for a period of ten years from the date of execution of 25 the most recent lease agreement prior to the effective date of this 26 subdivision. After a period of ten years from the date of execution of 27 the lease agreement, continued violation of paragraph one of this subdi- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14350-01-6 
 S. 8891 2 1 vision by the tenant, as determined by a court of competent jurisdic- 2 tion, shall constitute grounds for eviction. 3 4. A tenant who lawfully occupies a housing accommodation subject to 4 the provisions of this act, and whose income increased above one hundred 5 twenty-five percent of the area median income, shall be exempt from 6 civil penalties and shall not be evicted on the grounds of a violation 7 of this subdivision for a period of three years from the date of 8 execution of the most recent lease agreement prior to such increase in 9 income. After a period of three years from the date of execution of the 10 lease agreement, continued violation of paragraph one of this subdivi- 11 sion by the tenant, as determined by a court of competent jurisdiction, 12 shall constitute grounds for eviction. 13 5. Any person who inherits tenancy through successorship as defined in 14 section 24-04 of title twenty-eight of the rules of the city of New 15 York, shall meet the income eligibility requirements as defined in para- 16 graph one of this subdivision, in order to occupy such housing accommo- 17 dation. Notwithstanding any other provision of law, should such person 18 be ineligible as defined in paragraph one of this subdivision, such 19 application for tenancy by successorship shall be denied. 20 § 2. Section 10 of chapter 274 of the laws of 1946, constituting the 21 emergency housing rent control law, is amended by adding a new subdivi- 22 sion 6 to read as follows: 23 6. (a) Notwithstanding any other provision of law to the contrary, any 24 person, or persons, whose income exceeds one hundred twenty-five percent 25 of the area median income shall be ineligible to occupy any housing 26 accommodation subject to the provisions of this law. 27 (b) The division of homes and community renewal and the department of 28 taxation and finance shall promulgate rules and regulations necessary to 29 implement this subdivision, provided however, such rules and regulations 30 promulgated shall hold the owner of the housing accommodation, or such 31 owner's agent, harmless for any violation of paragraph (a) of this 32 subdivision. 33 (c) A tenant found by a court of competent jurisdiction to have will- 34 fully violated paragraph (a) of this subdivision, including, but not 35 limited to, by providing the owner, or such owner's agent false income 36 documentation in an effort to obtain tenancy of the housing accommo- 37 dation, shall be subject to a civil penalty not to exceed five hundred 38 dollars per day of illegal occupancy, provided however, that a tenant 39 who currently occupies a housing accommodation subject to the provisions 40 of this law, and whose income exceeds the threshold provided in para- 41 graph (a) of this subdivision, shall be exempt from civil penalties and 42 shall not be evicted on the grounds of a violation of paragraph (a) of 43 this subdivision for a period of ten years from the date of execution of 44 the most recent lease agreement prior to the effective date of this 45 subdivision. After a period of ten years from the date of execution of 46 the lease agreement, continued violation of paragraph (a) of this subdi- 47 vision by the tenant, as determined by a court of competent jurisdic- 48 tion, shall constitute grounds for eviction. 49 (d) A tenant who lawfully occupies a housing accommodation subject to 50 the provisions of this law, and whose income increased above one hundred 51 twenty-five percent of the area median income, shall be exempt from 52 civil penalties and shall not be evicted on the grounds of a violation 53 of this subdivision for a period of three years from the date of 54 execution of the most recent lease agreement prior to such increase in 55 income. After a period of three years from the date of execution of the 56 lease agreement, continued violation of paragraph (a) of this subdivi- 
 S. 8891 3 1 sion by the tenant, as determined by a court of competent jurisdiction, 2 shall constitute grounds for eviction. 3 (e) Any person who inherits tenancy through successorship as defined 4 in section 24-04 of title twenty-eight of the rules of the city of New 5 York, shall meet the income eligibility requirements as defined in para- 6 graph (a) of this subdivision, in order to occupy such housing accommo- 7 dation. Notwithstanding any other provision of law, should such person 8 be ineligible as defined in paragraph (a) of this subdivision, such 9 application for tenancy by successorship shall be denied. 10 § 3. The administrative code of the city of New York is amended by 11 adding a new section 26-418 to read as follows: 12 § 26-418 Tenant eligibility. 1. Notwithstanding any other provision of 13 law to the contrary, any person, or persons, whose income exceeds one 14 hundred twenty-five percent of the area median income shall be ineligi- 15 ble to occupy any housing accommodation subject to the provisions of 16 this chapter. 17 2. The division of homes and community renewal and the department of 18 taxation and finance shall promulgate rules and regulations necessary to 19 implement this section, provided however, such rules and regulations 20 promulgated shall hold the owner of the housing accommodation, or such 21 owner's agent, harmless for any violation of subdivision one of this 22 section. 23 3. A tenant found by a court of competent jurisdiction to have will- 24 fully violated subdivision one of this section, including, but not 25 limited to, by providing the owner, or such owner's agent false income 26 documentation in an effort to obtain tenancy of the housing accommo- 27 dation, shall be subject to a civil penalty not to exceed five hundred 28 dollars per day of illegal occupancy, provided however, that a tenant 29 who currently occupies a housing accommodation subject to the provisions 30 of this chapter, and whose income exceeds the threshold provided in 31 subdivision one of this section, shall be exempt from civil penalties 32 and shall not be evicted on the grounds of a violation of subdivision 33 one of this section for a period of ten years from the date of execution 34 of the most recent lease agreement prior to the effective date of this 35 section. After a period of ten years from the date of execution of the 36 lease agreement, continued violation of subdivision one of this section 37 by the tenant, as determined by a court of competent jurisdiction, shall 38 constitute grounds for eviction. 39 4. A tenant who lawfully occupies a housing accommodation subject to 40 the provisions of this chapter, and whose income increased above one 41 hundred twenty-five percent of the area median income, shall be exempt 42 from civil penalties and shall not be evicted on the grounds of a 43 violation of this section for a period of three years from the date of 44 execution of the most recent lease agreement prior to such increase in 45 income. After a period of three years from the date of execution of the 46 lease agreement, continued violation of subdivision one of this section 47 by the tenant, as determined by a court of competent jurisdiction, shall 48 constitute grounds for eviction. 49 5. Any person who inherits tenancy through successorship as defined in 50 section 24-04 of title twenty-eight of the rules of the city of New 51 York, shall meet the income eligibility requirements as defined in 52 subdivision one of this section, in order to occupy such housing accom- 53 modation. Notwithstanding any other provision of law, should such 54 person be ineligible as defined in subdivision one of this section, such 55 application for tenancy by successorship shall be denied. 
 S. 8891 4 1 § 4. Section 26-512 of the administrative code of New York is amended 2 by adding a new subdivision h to read as follows: 3 h. (1) Notwithstanding any other provision of law to the contrary, 4 beginning January first, two thousand twenty-seven, dwelling units 5 subject to this chapter as prescribed in section 26-504 of this chapter 6 shall be rented to persons whose adjusted gross income is less than one 7 hundred twenty-five percent of the area median income. 8 (2) The division of homes and community renewal and the department of 9 taxation and finance shall promulgate rules and regulations necessary to 10 implement this subdivision, provided however, such rules and regulations 11 promulgated shall hold the owner of the dwelling unit harmless for any 12 violation of paragraph one of this subdivision. 13 (3) A tenant found by a court of competent jurisdiction to have will- 14 fully violated paragraph one of this subdivision by occupying a dwelling 15 unit subject to this chapter shall be subject to a civil penalty not to 16 exceed five hundred dollars per day of illegal occupancy, provided 17 however, that a tenant who occupies a dwelling unit subject to this 18 chapter before January first, two thousand twenty-seven, and whose 19 income exceeds the threshold provided in paragraph one of this subdivi- 20 sion, shall be exempt from civil penalties and shall not be evicted on 21 the grounds of a violation of this subdivision for a period of ten years 22 from the date of execution of the most recent lease agreement prior to 23 January first, two thousand twenty-seven. After a period of ten years 24 from the date of execution of such lease agreement, continued violation 25 of paragraph one of this subdivision by the tenant, as determined by a 26 court of competent jurisdiction, shall constitute grounds for eviction. 27 (4) A tenant who lawfully occupies a dwelling unit subject to this 28 chapter, and whose income increased above one hundred twenty-five 29 percent of the area median income, shall be exempt from civil penalties 30 and shall not be evicted on the grounds of a violation of this subdivi- 31 sion for a period of three years from the date of execution of the most 32 recent lease agreement. After a period of three years from the date of 33 execution of the lease agreement, continued violation of paragraph one 34 of this subdivision by the tenant, as determined by a court of competent 35 jurisdiction, shall constitute grounds for eviction. 36 (5) Any person who inherits tenancy through successorship as defined 37 in section 24-04 of title twenty-eight of the rules of the city of New 38 York, shall meet the income eligibility requirements as defined in para- 39 graph one of this subdivision, in order to occupy such dwelling unit. 40 Notwithstanding any other provision of law, should such person be ineli- 41 gible as defined in paragraph one of this subdivision, such application 42 for tenancy by successorship shall be denied. 43 § 5. The division of homes and community renewal and the department of 44 taxation and finance shall promulgate rules and regulations to implement 45 the provisions of this act. 46 § 6. This act shall take effect immediately provided that section 47 26-418 of the city rent and rehabilitation law as added by section three 48 of this act shall remain in full force and effect only as long as the 49 public emergency requiring the regulation and control of residential 50 rents and evictions continues, as provided in subdivision 3 of section 1 51 of the local emergency housing rent control act; and provided that the 52 amendments to section 26-512 of chapter 4 of title 26 of the administra- 53 tive code of the city of New York made by section four of this act shall 54 expire on the same date as such law expires and shall not affect the 55 expiration of such law as provided under section 26-520 of such law.