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NY A05483

Bill

Status

Introduced

2/19/2021

Primary Sponsor

Michael Fitzpatrick

Click for details

Origin

Assembly

2021-2022 General Assembly

AI Summary

  • Establishes that failure to file a New York City resident income tax return for two preceding calendar years constitutes a finding that a tenant does not occupy a housing accommodation as their primary residence under the City Rent and Rehabilitation Law.

  • Establishes the same tax filing requirement and primary residency determination under the Rent Stabilization Law and Emergency Tenant Protection Act of 1974, using New York State resident income tax returns.

  • Provides exceptions to the tax filing requirement for individuals who requested tax payment extensions, are not required to file, or have other legitimate reasons for non-filing; allows tenants to file amended returns within 60 days of legal action commencement.

  • Protects domestic violence victims who have left their units from losing primary residency status if they assert intent to return, and deems affiliated subtenants of not-for-profit hospitals and homeless housing providers as tenants.

  • Authorizes the New York State tax commissioner to verify to building owners whether tenants filed tax returns and their stated residence addresses, with the commissioner authorized to charge reasonable fees for this verification service.

Legislative Description

Provides that non-payment of New York city taxes shall be a prima facie finding that a housing accommodation subject to the emergency housing rent control act is not a person's primary residence as claimed by the delinquent taxpayer and non-payment of NYS taxes shall be a prima facie finding that a housing accommodation subject to the emergency tenant protection act of 1974 is not a person's primary residence.

Last Action

referred to housing

1/5/2022

Committee Referrals

Housing2/19/2021

Full Bill Text

No bill text available