NYT 3/27/08: New York landlords must accept § 8 vouchers

Law Enacted to Protect Tenants Using Vouchers


By MANNY FERNANDEZ
Published: March 27, 2008

The City Council overrode on Wednesday the mayor’s veto of a bill to prohibit landlords from discriminating against tenants who intend to pay their rent with federal rent-subsidy vouchers or any other form of government assistance.

The law takes effect immediately.

Mayor Michael R. Bloomberg vetoed the bill last month, describing it in a statement as well-intentioned but flawed, in part because it forced private landlords to participate in a voluntary public program.

Tenants who receive the rent subsidies, known as Section 8 vouchers, pay about 30 percent of their income toward rent, and the vouchers cover the rest.

Many Section 8 tenants are low-income residents, and supporters of the bill argued that landlords were frequently turning away voucher holders to keep poor tenants out and were thus cutting off a much-needed form of housing for them.

New York City is home to the largest Section 8 program in the country, with more than 85,000 vouchers subsidizing apartments for about 270,000 New Yorkers.

“We understand there is an affordability crisis, and this is one of the ways to respond to it,” said Councilman Bill de Blasio, a Brooklyn Democrat, who introduced the bill. The votes of two-thirds of the 51 council members, or 34 votes, are needed to override a veto. The vote to override was 44 to 7.

The new law applies to buildings with six or more units. Owners of five or fewer units, with some exceptions, are excluded. The law allows Section 8 tenants who feel that they have been discriminated against to file a complaint in State Supreme Court or with the city’s Commission on Human Rights.

The commission opposed the legislation, saying that it would require additional resources and staff to enforce, but Mr. de Blasio said the administrative cost of enforcing the law would be minimal compared with the public benefit.

“If this stops a form of discrimination, and if this helps people get affordable housing, it seems to me that a small price to pay is to hire a few more lawyers at the human rights commission,” he said.

The Rent Stabilization Association, a trade group that represents New York City landlords, said proponents of the bill had failed to provide concrete evidence that Section 8 discrimination was a widespread problem.

“I think the mayor said it best in his veto statement, ” said Mitchell Posilkin, the association’s general counsel. “The mayor said that this legislation is a solution in search of a problem.” But supporters of the bill said hundreds of voucher holders were unable to find willing landlords each year.

New York Acorn, a community organizing group, released a survey last year that found that of 122 available studio and one-bedroom apartments advertised on Craigslist and in The Daily News and The New York Times, representatives for only 16 were willing to accept vouchers.

NYT 3/27/08: New York landlords must accept § 8 vouchers

Law Enacted to Protect Tenants Using Vouchers


By MANNY FERNANDEZ
Published: March 27, 2008

The City Council overrode on Wednesday the mayor’s veto of a bill to prohibit landlords from discriminating against tenants who intend to pay their rent with federal rent-subsidy vouchers or any other form of government assistance.

The law takes effect immediately.

Mayor Michael R. Bloomberg vetoed the bill last month, describing it in a statement as well-intentioned but flawed, in part because it forced private landlords to participate in a voluntary public program.

Tenants who receive the rent subsidies, known as Section 8 vouchers, pay about 30 percent of their income toward rent, and the vouchers cover the rest.

Many Section 8 tenants are low-income residents, and supporters of the bill argued that landlords were frequently turning away voucher holders to keep poor tenants out and were thus cutting off a much-needed form of housing for them.

New York City is home to the largest Section 8 program in the country, with more than 85,000 vouchers subsidizing apartments for about 270,000 New Yorkers.

“We understand there is an affordability crisis, and this is one of the ways to respond to it,” said Councilman Bill de Blasio, a Brooklyn Democrat, who introduced the bill. The votes of two-thirds of the 51 council members, or 34 votes, are needed to override a veto. The vote to override was 44 to 7.

The new law applies to buildings with six or more units. Owners of five or fewer units, with some exceptions, are excluded. The law allows Section 8 tenants who feel that they have been discriminated against to file a complaint in State Supreme Court or with the city’s Commission on Human Rights.

The commission opposed the legislation, saying that it would require additional resources and staff to enforce, but Mr. de Blasio said the administrative cost of enforcing the law would be minimal compared with the public benefit.

“If this stops a form of discrimination, and if this helps people get affordable housing, it seems to me that a small price to pay is to hire a few more lawyers at the human rights commission,” he said.

The Rent Stabilization Association, a trade group that represents New York City landlords, said proponents of the bill had failed to provide concrete evidence that Section 8 discrimination was a widespread problem.

“I think the mayor said it best in his veto statement, ” said Mitchell Posilkin, the association’s general counsel. “The mayor said that this legislation is a solution in search of a problem.” But supporters of the bill said hundreds of voucher holders were unable to find willing landlords each year.

New York Acorn, a community organizing group, released a survey last year that found that of 122 available studio and one-bedroom apartments advertised on Craigslist and in The Daily News and The New York Times, representatives for only 16 were willing to accept vouchers.

Converting Coop to Condominium

Converting a Co-op to a Condominium


By JAY ROMANO
Published: April 8, 2007
ONE question often asked is whether it makes sense for a co-op to convert to a condominium. And most lawyers say that completing such a conversion is almost always more trouble — and more costly — than it’s worth. “At least a dozen times a year I’m asked by boards about converting from a co-op to a condominium,” said Stuart M. Saft, the chairman of the Council of New York Cooperatives and Condominiums. “And in virtually every instance the complexity of the procedure or the tax consequences make the conversion not worth doing.”

Most proprietary leases require a “super-majority” of shareholders, as many as 80 percent, to make this sort of change, and persuading that many residents to vote in favor is the first hurdle. Next, the shareholders would have to agree on new governing documents, and the co-op would have to hire an architect to prepare and certify a new set of plans for the building “as built.”

Then there are the nuts and bolts issues of getting every owner with a share loan to pay it off or obtain consent from the lender to convert it to a mortgage. The co-op corporation would also have to pay off any mortgage on the building itself.

There are also potential tax implications for both individual shareholders and the co-op corporation. Joel E. Miller, a Queens tax lawyer, said that converting an apartment from a co-op to a condo is considered a sale for tax purposes because shareholders exchange their co-op shares and proprietary leases for deeds to their apartments as condominium units. Since the transactions are considered sales, shareholders have to calculate their taxable gains based on the current market value of their apartments. So if shareholders originally paid, say, $100,000 for a co-op apartment, and that same apartment is now worth $700,000, they would have a $600,000 gain, even though they still remain the owners of the apartment.

Under current tax law, Mr. Miller said, a taxpayer can exclude up to $250,000 in gains ($500,000 for married taxpayers filing jointly) on the sale of a principal residence.

There are also tax consequences for the co-op corporation. Marc Shernicoff, a certified public accountant in Manhattan, said that when the co-op corporation gives a shareholder a deed in exchange for shares and the proprietary lease, that also is considered a taxable event for the co-op. Since the deed is valued at the current market value of the apartment, any increase in value over the years, from the very inception of the co-op, is considered taxable.

And while the tax laws specifically exempt from taxation any gain associated with an apartment used as a principal residence by the shareholder, that exemption does not apply to apartments owned by investors and those not used as principal residences.

As a result, Mr. Shernicoff said, even if there are only a few apartments that are not exempt from taxes as far as the co-op corporation is concerned, those few can cost the co-op hundreds of thousands of dollars in taxes.

Kenneth Jacobs, a co-op and condo lawyer in Yonkers who has done such conversions, says that it is easier to make the change from a co-op to a condo than most lawyers believe. And with regard to taxes at the corporate level, Mr. Jacobs said he believes that since the proprietary lease itself has value, the I.R.S. can be persuaded to treat the transfer in such a way that will substantially reduce the tax exposure of the corporation.

For those who want more information, The Cooperator, a monthly magazine about co-op and condo issues published by Yale Robbins, is conducting a panel discussion on converting from co-op to condo at its annual expo on April 25 at the New York Hilton. More information is available by calling (212) 683-5700 or online at coopexpo.com.

Tenant Protection Act of 1992: NJSA 2A:18-61.40

2A:18-61.40. Short title
1. This act shall be known and may be cited as the "Tenant Protection Act of 1992."

L.1991,c.509,s.1.

2A:18-61.41. Findings, declarations
2. The Legislature finds that the provision and maintenance of an adequate supply of housing affordable to persons of low and moderate income in this State has been and is becoming increasingly difficult as a result of economic and market forces which require special public actions or subsidies to counteract. One particularly acute result of this has been the continual increase in the number of displaced or homeless persons who, lacking permanent shelter, require special assistance from public services in this State and in surrounding states in order to remain alive. The Legislature has in the past taken various actions, and is currently considering several measures, to increase the supply of affordable housing in the State. At the same time, it is necessary to protect residential tenants, particularly those of advanced age or disability, or lower economic status, from the effects of eviction from affordable housing in recognition of the high costs, both financial and social, to the public of displacement from affordable housing and of homelessness. The Legislature has in the past through various enactments recognized that the eviction of residential tenants pursuant to the process of conversion of residential premises to condominiums or cooperatives exacerbates homelessness and makes more difficult the maintenance of an adequate supply of low and moderate income housing. The Legislature, therefore, declares that it is in the public interest to establish a tenant protection program specifically designed to provide protection to residential tenants, particularly the aged and disabled and those of low and moderate income, from eviction resulting from condominium or cooperative conversion.

L.1991,c.509,s.2.

2A:18-61.42. Definitions
3. As used in this act:

"Administrative agency" means the municipal board, officer or agency designated, or the county agency contracted with, pursuant to section 6 of this act.

"Annual household income" means the total income from all sources during the last full calendar year, or the annual average of that total income during the last two calendar years, whichever is less, of a tenant and all members of the household who are residing in the tenant's dwelling unit when the tenant applies for protected tenancy, whether or not such income is subject to taxation by any taxing authority.

"Commissioner" means the Commissioner of Community Affairs.

"Conversion" means conversion as defined in section 3 of "The Planned Real Estate Development Full Disclosure Act," P.L.1977, c.419 (C.45:22A-23).

"Conversion recording" means the recording with the appropriate county officer of a master deed for a condominium or a deed to a cooperative corporation for a planned residential development or separable fee simple ownership of the dwelling units.

"County rental housing shortage" means a certification issued by the Commissioner of Community Affairs that there has occurred a significant decline in the availability of rental dwelling units in the county due to conversions; provided, however, that the commissioner shall not issue any such certification unless during the immediately preceeding 10 year period:

a. The aggregate number of rental units subject to registrations of conversion during any three consecutive years in the county exceeds 10,000; and

b. The aggregate number of rental units subject to registrations of conversion in at least one of those three years exceeds 5,000.

"Department" means the Department of Community Affairs.

"Index" means the annual average over a 12-month period beginning September 1 and ending August 31 of the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W), All Items Series A, of the United States Department of Labor (1957-1959 = 100), for either the New York, NY-Northeastern New Jersey or the Philadelphia, PA-New Jersey region, according as either shall have been determined by the commissioner to be applicable in the locality of a property undergoing conversion.

"Protected tenancy period" means, except as otherwise provided in section 11 of this act, all that time following the conversion recording for a building or structure during which a qualified tenant in that building or structure continues to be a qualified tenant and continues to occupy a dwelling unit therein as his principal residence.

"Qualified county" means:

a. Any county with a population in excess of 500,000 and a population density in excess of 8,500 per square mile, according to the most recent federal decennial census; or

b. Any county wherein there exists a county rental housing shortage.

"Qualified tenant" means a tenant who is a resident in a qualified county and:

(1) Applied for protected tenancy status on or before the date of registration of conversion by the department, or within one year of the effective date of this act, whichever is later;

(2) Has occupied the premises as his principal residence for at least 12 consecutive months next preceding the date of application; and

(3) Has an annual household income that does not at the time of application exceed the maximum qualifying income as determined pursuant to section 4 of this act, except that this income limitation shall not apply to any tenant who is age 75 or more years or is disabled within the meaning of section 3 of P.L.1981, c.226 (C.2A:18-61.24).

"Registration of conversion" means an approval of an application for registration by the department in accordance with "The Planned Real Estate Development Full Disclosure Act," P.L.1977, c.419 (C.45:22A-21 et seq.).

"Tenant in need of comparable housing" means a tenant who is not a qualified tenant under this act and is not eligible for protected tenancy under the "Senior Citizens and Disabled Protected Tenancy Act," P.L.1981, c.226 (C.2A:18-61.22 et al.).

L.1991,c.509,s.3.

2A:18-61.43. Maximum qualifying income, adjustment
4. As of the effective date of this act, maximum qualifying income for the purpose of determining qualified tenant status as defined in section 3 of this act shall be in the case of a household comprising one person, $31,400; two persons, $38,500; three persons, $44,800; four persons, $50,300; five persons, $55,000; six persons, $58,900; seven persons, $62,000; eight or more persons, $64,300. In the case of any application for protected tenancy filed more than one year from the effective date of this act, and upon any occasion when termination of a previously granted protected tenancy is sought pursuant to section 11 of this act upon the grounds set forth in paragraph (2) of subsection a. of that section, these figures shall be adjusted by the percentage change, if any, in the applicable index that has occurred since the effective date of this act.

L.1991,c.509,s.4.

2A:18-61.44. Protected tenancy, qualification, duration
5. a. Each qualified tenant shall be granted a protected tenancy status with respect to his dwelling unit upon conversion of the building or structure in which the unit is located. The protected tenancy status shall be granted upon proper application and qualification pursuant to the provisions of this act.

b. Each qualified tenant in need of comparable housing shall be entitled to remain in his dwelling unit upon conversion of the building or structure in which the unit is located until the owner of the building or structure has complied with the provisions of P.L.1975, c.311 (C.2A:18-61.7 et al.).

L.1991,c.509,s.5.

2A:18-61.45. Designation of administrative agency
6. Each municipal governing body in a qualified county shall designate a municipal board, agency or officer to act as its administrative agency for the purposes of this act or may enter into a contractual agreement with an appropriate county to act as its administrative agency for purposes of this act. In the absence of such authorization or contractual agreement, this act shall be administered by the board, agency or officer administering the provisions of the "Senior Citizens and Disabled Protected Tenancy Act," P.L.1981, c.226 (C.2A:18-61.22 et al.) in the municipality.

L.1991,c.509,s.6.

NJ Tenant protection statutes analyzed

Published by New Jersey Legal Services. A fairly comprehensive analysis, in layman terms, of the various protections. Includes conversions.