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).

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