X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Warren A. Estis and Jeffrey Turkel Warren A. Estis and Jeffrey Turkel

In 520 Tinton, L.P. v. Harlem United, 2020 WL 3477757 (N.Y. Civ. Ct. 2020), the court addressed an obscure portion of the HSTPA, embodied in the Part J amendments thereto. These amendments granted protection from non-primary residence evictions to not-for-profit entities that provide “scatter site” housing for the homeless. This article will explore whether the Part J amendments are constitutional. There is much to suggest that they are not.

Non-Primary Residence

ETPA § 5(a)(11) provides in relevant part that New York City may not declare a housing emergency with respect to “housing accommodations which are not occupied by the tenant, not including subtenants or occupants, as his or her primary residence, as determined by a court of competent jurisdiction.” This language reflects the state’s policy that the city’s housing crisis should not be “‘exacerbated by tenants using their rent-controlled and rent-stabilized apartments only occasionally.’” Cox v J.D. Realty, 217 AD2d 179, 185 (1st Dept 1995).

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

Law Firms Mentioned

 

New York Law JournalBook

New York Law Journal, serving the bench and the bar since 1888

Get More Information
 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.