New legislation would speed repairs for fire victims by making NYC landlords pay their rents

New York lawmakers are considering a new measure to speed up repairs at fire-damaged apartment buildings by forcing some landlords to pay the rent for displaced tenants.

The legislation introduced by state Senate Deputy Majority Leader Michael Gianaris on Wednesday would apply to property owners found at fault for a fire or other disaster that made their tenants homeless. It would also guarantee tenants can return to their apartments once the city deem them safe, unless they chose to move elsewhere.

Gianaris cited a Tuesday report from Gothamist detailing the yearslong waits many tenants face before they are finally able to return to their apartments following fires. If a landlord refuses to pay for tenants’ temporary housing, the legislation requires the city to cover the costs and then recover the money from the owner.

Gianaris said he hoped the measure would give landlords a “kick in the rear” to expedite renovations.

"We should not need to change the law to require building owners in these situations to act responsibly, but unfortunately we do,” he added in a written statement.

Currently, many New Yorkers displaced by fire are forced to turn to shelters. At least 2,210 people were staying in city-run shelters reserved for people displaced by disaster or dangerous living conditions in November 2024, according to monthly data from the city’s Department of Housing Preservation and Development. Families with children stay in the disaster shelters for an average of nearly nine-and-a-half months, while single men stay for an average of nearly 20 months, the data shows.

As Gothamist reported, dozens of tenants made homeless by a June 2023 fire at their 79-unit apartment complex in Soundview, the Bronx, are still waiting for repairs so they can return 19 months later. Fire officials blamed the blaze, and two others at buildings owned by the same landlord, on faulty wiring.

Gianaris and the bill’s Assembly sponsor, fellow Democrat Claire Valdez, described how 450 tenants were displaced by a December 2023 fire in Sunnyside, Queens. A contractor working for the property owner sparked the fire by using a blowtorch illegally, the fire department determined. The tenants still have not returned.

Housing and construction experts who spoke with Gothamist say landlords aren't solely to blame for the delays. Slow approvals by insurance companies and bureaucratic obstacles, like permit and work applications issued by city agencies, also take many months, they said, but slow-moving property owners further complicate the process

But New York Apartment Association Senior Vice President Jay Martin said Gianaris is ignoring the major role insurance companies play in the delays. Martin's trade group represents the owners of tens of thousands of rent-stabilized apartments.

“The senator is obviously very powerful and could really push to make sure the insurance industry is working quicker to get claims processed when renters’ lives are in jeopardy here,” he said.

Martin also questioned how the city would determine whether a landlord was at fault and said the bill could end up increasing insurance rates.

The city’s Department of Housing Preservation and Development currently provides emergency shelters and offers some help looking for apartments to renters forced to leave their homes because of unsafe conditions. Gianaris’ bill would instead require the agency to place families in apartments, or temporary accommodations with private kitchens and bathrooms, and have their landlords pay the costs.

Tenants in rent-stabilized apartments often choose to wait to return to fire-damaged buildings because they are unlikely to find comparably priced homes on the open market. Less than 1% of all apartments priced under $2,400 were available to rent last year, according to the city’s most recent housing survey.

City Councilmember Shekar Krishnan of Queens also introduced legislation last year meant to speed up renovations following disasters.

Krishnan’s bills would force the city to relocate families in apartments close to their damaged buildings, allow tenants to access their belongings and guarantee the right for tenants to return to the buildings after repairs are complete.

He said he was inspired to introduce the measures after tenants displaced by a fire at their 133-unit building in Jackson Heights waited more than two years to return. Krishnan said he wanted the city to take more action to streamline repairs and get tenants back into apartments.

“When tenants are forced out of their homes overnight, city agencies have to respond quickly and they are not structured to do so,” Krishnan said. “A big part of solving the housing crisis is not just building new housing that’s affordable but it’s also keeping tenants in their homes.”

This story has been updated with a response from the New York Apartment Association.