[HISTORY: Comes from the L.L. No. 75-1982, adopted 7-27-1982, effective 8-2-1982.]
[1]
Editor's Note: Original § 100-0 of this chapter
provided the following legislative intent: "The Town Board hereby
finds and declares that the conversion of residential real estate
from rental status to cooperative or condominium ownership is an effective
method of preserving, stabilising and improving neighborhoods and
the supply of sound housing accommodations in the Town of Hempstead;
that it is sound public policy to encourage such conversions while,
at the same time, protecting eligible senior citizens and eligible
handicapped persons in possession who do not desire or are unable
to purchase the units in which they reside from being coerced into
vacating such units by reason of deterioration or otherwise or into
purchasing such units under the threat of imminent eviction; that
preventive action by the Town Board in restricting rental rates and
evictions of eligible senior citizens and eligible handicapped persons
during the process of conversion from rental to cooperative or condominium
status is imperative to assure that such conversions will not result
in unjust, unreasonable and oppressive rents and rental agreements
and to forestall profiteering, speculation and other disruptive practices
which threaten the public health, safety and general welfare."
As used in this chapter, the following words and terms shall
have the meanings annexed:
Tenants who have an impairment which results from anatomical,
physiological or psychological abnormalities, other than addiction
to alcohol, gambling or any controlled substance, which are demonstrable
by medically acceptable clinical and laboratory diagnostic techniques
and which are expected to be permanent and which prevent the tenant
from engaging in any employment or other gainful activity, and who
are entitled to possession of their apartments on the date the Attorney
General of the State of New York accepts an offering plan for filing,
and the spouses of any such tenants, on such date, who are residing
in the buildings or group of buildings as their primary residence
and who notify the owner, in writing, within 60 days of receipt of
an offering plan, that they elect to be treated as an eligible handicapped
person.
Tenants who are 62 years of age or older, entitled to possession
of their apartments on the date the Attorney General of the State
of New York has accepted an offering plan for filing, and the spouses
of any such tenants, on such date, who are presently residing in the
building or group of buildings as their primary residence and who
notify the owner, in writing, within 60 days of receipt of an offering
plan, that they elect to be treated as eligible senior citizens.
Any person who is a tenant entitled to possession of his
apartment at the time an offering plan is declared effective and who,
at such time, is occupying such dwelling unit as his primary residence.
Every plan submitted to the Department of Law of the State
of New York for the conversion of a tenant-occupied building or group
of buildings from rental status to cooperative or condominium ownership.
Any person who owns the shares allocated to one or more dwelling
units or who owns one or more dwelling units.
Any offering plan, as defined herein, shall include the following
provisions:
A.
No eviction proceedings will be commenced by an owner for a period
of 10 years from the date that the offering plan is accepted for filing
by the Attorney General of the State of New York against nonpurchasing
eligible senior citizens or nonpurchasing eligible handicapped persons,
as defined above, for failure to purchase or any other reason applicable
to expiration of tenancy, provided that such proceedings may be commenced
for nonpayment of rent, illegal use or occupancy of the premises,
refusal of access to the owner or a similar breach by the nonpurchasing
tenant of his obligations to the owner.
B.
No eviction proceedings will be commenced by an owner at any time
from the date that the offering plan is accepted for filing by the
Attorney General of the State of New York against nonpurchasing eligible
senior citizens who are 75 years of age or older for failure to purchase
or any other reason applicable to expiration of tenancy, provided
that such proceedings may be commenced for nonpayment of rent, illegal
use or occupancy of the premises, refusal of access to the owner or
a similar breach by the nonpurchasing tenant of his obligations to
the owner.
C.
No eviction proceedings may be commenced by an owner against nonpurchasing
tenants for a period of two years after the offering plan is effective
for failure to purchase or any other reason applicable to expiration
of tenancy, provided that such proceedings may be commenced for nonpayment
of rent, illegal use or occupancy of the premises, refusal of access
to the owner or a similar breach by the nonpurchasing tenant of his
obligations to the owner.
D.
The rentals of eligible senior citizens, eligible handicapped persons and nonpurchasing tenants, as defined above, and who reside in dwelling units not subject to regulations as to rental and continuing occupancy, shall not be subject to unconscionable increases beyond ordinary rentals for comparable apartments during the period set forth in Subsections A, B and C of this section.
Any provision of a lease or other rental agreement which purports
to waive tenant's rights under this chapter shall be void as
contrary to public policy.
This chapter shall apply to all multiple dwellings containing
six or more dwelling units located within the unincorporated areas
of the Town of Hempstead.
