New York 2025-2026 Regular Session

New York Senate Bill S08891

Introduced
1/13/26  

Caption

Establishes income eligibility requirements that a tenant shall have income not to exceed one hundred twenty-five percent of the area median income to be eligible to occupy certain rent-regulated housing accommodations.

Impact

The implications of S08891 are significant given the current housing crisis in New York. The bill directly modifies the Emergency Tenant Protection Act and the Emergency Housing Rent Control Law, providing a framework under which only those with incomes below the specified threshold may secure rental agreements in controlled environments. By enforcing these income ceilings, proponents argue that the bill could help preserve the availability of affordable housing units for people who genuinely need them, helping to alleviate some of the housing strain in urban areas.

Summary

S08891 is a legislative proposal aimed at amending existing laws regarding the eligibility of tenants in rent-regulated housing accommodations in New York. The bill establishes that any person whose income exceeds 125% of the area median income will be ineligible to occupy such housing. The intention behind this new regulation is to ensure that housing resources are allocated to those who are within a reasonable financial constraint, thereby allowing lower-income individuals better access to affordable housing options.

Contention

However, the bill has sparked considerable debate among stakeholders. Critics argue that the defined income threshold may displace tenants who are currently occupying units and exceed the new limitations due to recent economic conditions. They raise concerns over the potential for increased evictions and the associated penalties for tenants found to be in violation of the new rules. This includes civil penalties up to $500 per day for illegal occupancy, which many consider excessively punitive and detrimental to vulnerable populations already facing housing insecurity.

Companion Bills

NY A11311

Same As Establishes income eligibility requirements that a tenant shall have income not to exceed one hundred twenty-five percent of the area median income to be eligible to occupy certain rent-regulated housing accommodations.

Previously Filed As

NY S00538

Prohibits persons whose income is greater than one hundred twenty-five percent of the area median income from occupying certain housing accommodations.

NY A07704

Prohibits persons whose income is greater than one hundred twenty-five percent of the area median income from occupying certain housing accommodations.

NY S03997

Amends the low income housing tax credit eligibility requirement to at least sixty percent of residential units be both rent-restricted and occupied by individuals whose income is one hundred twenty-five percent or less of area median gross income.

NY A06695

Amends the low income housing tax credit eligibility requirement to at least sixty percent of residential units be both rent-restricted and occupied by individuals whose income is one hundred twenty-five percent or less of area median gross income.

NY S08559

Establishes the crime of aggravated harassment of a rent regulated tenant which occurs when an owner intentionally engages in a systematic ongoing course of conduct to induce three or more rent regulated tenants occupying different housing accommodations in two or more residential buildings to vacate such housing accommodations or if such owner commits the crime of harassment of a rent regulated tenant and was previously convicted of the same crime in the past five years.

NY A09220

Establishes the crime of aggravated harassment of a rent regulated tenant which occurs when an owner intentionally engages in a systematic ongoing course of conduct to induce three or more rent regulated tenants occupying different housing accommodations in two or more residential buildings to vacate such housing accommodations or if such owner commits the crime of harassment of a rent regulated tenant and was previously convicted of the same crime in the past five years.

NY A08084

Places limitations on initial regulated rents to not exceed the average rent for a comparable rent regulated housing accommodation.

NY S07925

Establishes a tax rebate program for rent-stabilized housing that targets buildings with individually occupied rent-stabilized apartments where the property tax burden significantly exceeds rental income.

NY A11137

Requires community median income be used by certain affordable housing programs in a city having a population of one million or more; requires affordable housing programs using state funding to cover 33 percent or more of the construction costs of a building or buildings to use community median income to determine income eligibility and rent levels; exempts programs utilizing federal funding.

NY S03943

Provides that the franchise tax on businesses with a business income base over five million dollars shall be nine percent of such income base.

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