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S1684A

An act to amend the Emergency Tenant Protection Act of 1974 — 2023-06-01 · Calendar #885

The New York State Senate passed legislation to strengthen tenant protection regulations by requiring property owners to complete vacancy rate surveys accurately and consistently. Senate Print 1684A, sponsored by Sen. Hinchey, amends the Emergency Tenant Protection Act of 1974 and passed 40-18 on a roll call vote. The bill addresses what Hinchey characterized as false vacancy reporting that prevents municipalities from enacting tenant protections. She cited Kingston, where property owners reported a 6.7 percent vacancy rate, but the city's own survey found only 1.57 percent. The 2019 Housing Stability and Tenant Protection Act allows municipalities with vacancy rates below 5 percent to opt into stronger tenant regulations. Hinchey said the bill ensures "property owners are honest about their vacancies" and allows municipalities to access accurate data for policy decisions. Opposition centered on regulatory burden. Sen. Palumbo, voting against the measure, acknowledged the housing crisis but argued the bill represents another regulation discouraging real estate investment in New York. He contended that landlords need financial stability to build affordable housing and that additional regulations are counterproductive to that goal. Eighteen senators voted against the measure.
Passed Senate Ayes: 40 · Nays: 18

Debate Summary

Sen. Hinchey argued the bill addresses inaccurate vacancy rate surveys by property owners, citing Kingston's discrepancy between a reported 6.7% vacancy rate and the city's own finding of 1.57%. She contended the bill ensures honest and consistent survey completion to enable municipalities to enact tenant protections. Sen. Palumbo opposed the measure, arguing it represents another burdensome regulation on landlords that discourages real estate investment in New York and is counterproductive to affordable housing goals, despite acknowledging the housing crisis.

Recorded Votes

Individual vote records shown here are captured from roll call mentions in floor transcripts. Because most bills pass with unanimous or near-unanimous ayes, only dissenting (nay) votes are typically read into the record — so the table below skews toward no votes. The full tally (ayes/nays above) reflects the official count.

Senator Vote Party
Hinchey aye Democrat
Borrello nay Republican
Canzoneri-Fitzpatrick nay Republican
Gallivan nay Republican
Griffo nay Republican
Helming nay Republican
Lanza nay Republican
Mattera nay Republican
Murray nay Republican
O'Mara nay Republican
Oberacker nay Republican
Ortt nay Republican
Palumbo nay Republican
Rhoads nay Republican
Rolison nay Republican
Stec nay Republican
Tedisco nay Republican
Walczyk nay Republican
Weber nay Republican