BILL NUMBER: S3886
SPONSOR: GIANARIS
 
TITLE OF BILL:
An act to amend the administrative code of the city of New York, in
relation to protecting tenants displaced due to fire
 
PURPOSE:
To protect tenants displaced due to fire by requiring negligent building
owners to cover the costs of a temporary apartment while repairs are
being made.
 
SUMMARY OF PROVISIONS:
Section one adds a new section 26-307 to the administrative code of the
city of New York to provide the following:
Subdivision one requires building owners who are found responsible for a
fire that results in a vacate order to cover the costs of a temporary
apartment for displaced tenants. Once repairs to the original dwelling
units are complete, the building owners may stop paying rent on the
temporary units, and the tenants shall be afforded a right of first
refusal on their original unit.
Subdivision two provides the definition of "suitable accommodation" for
temporary housing that a displaced tenant is entitled to while the
original dwelling is undergoing repairs.
Subdivision three allows displaced tenants to reduce their rent on their
original apartment to a nominal amount of one dollar until repairs on
the building are complete and the tenant is able to move back in.
Subdivision four grants displaced tenants the right of first refusal to
return to their original unit upon a determination by HPD that repairs
on the unit are complete and restored with amenities equal to or better
than before the fire took place.
Subdivision five provides that if the owner fails to pay for suitable
accommodation, HPD may advance such rent payments and then be entitled
to recover from the owner.
Subdivision six authorizes the commissioner of the department of housing
preservation and development to adopt any rules and regulations neces-
sary to effectuate the provisions of this act.
Section 2 provides the severability clause.
Section 3 sets the effective date.
 
JUSTIFICATION:
In December 2023, an apartment building in Sunnyside, Queens, caught
fire due to a contractor's unauthorized use of a blow torch. This
resulted in over 450 tenants across 108 apartment units being displaced
from their homes, many of which were rent-stabilized. This has left
these tenants, the majority of which are working-class people of color,
struggling to find adequate housing within their price range. Worse, one
year after the fire took place, the building owner, A&E Real Estate, has
yet to move forward with any substantial reconstruction of the building,
to the great frustration of many tenants who are desperate to move back
into their homes. To ensure that tenants displaced by a fire are
adequately protected, this bill would require negligent building owners
to step up and cover the costs of a temporary apartment while the build-
ing is under reconstruction. The bill would also enshrine the right of a
displaced tenant to move back into their old apartment once repairs are
complete. This will ensure that negligent owners are held accountable
for devastating fires and incentivize them to restore the homes of
displaced tenants in a timely manner.
 
LEGISLATIVE HISTORY:
New Bill.
 
FISCAL IMPLICATIONS:
TBD
 
LOCAL FISCAL IMPLICATIONS:
TBD
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day it shall have become a
law.