Bill Text: NY A03033 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to recovery of certain housing accommodations by a landlord; limits a landlord's ability to take possession of units for their own primary residence, permit recovery of only one unit, and restrict such ability if the tenant has occupied the apartment for twenty or more years.
Spectrum: Partisan Bill (Democrat 19-0)
Status: (Engrossed - Dead) 2012-06-13 - REFERRED TO RULES [A03033 Detail]
Download: New_York-2011-A03033-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3033
2011-2012 Regular Sessions
I N A S S E M B L Y
January 21, 2011
___________
Introduced by M. of A. V. LOPEZ, GLICK, SILVER, ROSENTHAL, GOTTFRIED,
KAVANAGH, O'DONNELL, FARRELL, ORTIZ, WRIGHT, COLTON, SPANO,
BROOK-KRASNY -- Multi-Sponsored by -- M. of A. CASTRO, DINOWITZ,
JACOBS, JEFFRIES, MILLMAN, PERRY -- read once and referred to the
Committee on Housing
AN ACT to amend the administrative code of the city of New York, the
emergency tenant protection act of nineteen seventy-four and the emer-
gency housing rent control law, in relation to recovery of certain
housing accommodations by a landlord
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph 1 of subdivision b of section 26-408 of the
2 administrative code of the city of New York is amended to read as
3 follows:
4 (1) The landlord seeks in good faith to recover possession of a hous-
5 ing accommodation because of immediate and compelling necessity for his
6 or her own personal use and occupancy AS HIS OR HER PRIMARY RESIDENCE or
7 for the use and occupancy of his or her immediate family AS THEIR PRIMA-
8 RY RESIDENCE provided, however, that this subdivision shall PERMIT
9 RECOVERY OF ONLY ONE HOUSING ACCOMMODATION AND SHALL not apply where a
10 member of the household lawfully occupying the housing accommodation is
11 sixty-two years of age or older, has been a tenant in a housing accommo-
12 dation in that building for twenty years or more, or has an impairment
13 which results from anatomical, physiological or psychological condi-
14 tions, other than addiction to alcohol, gambling, or any controlled
15 substance, which are demonstrable by medically acceptable clinical and
16 laboratory diagnostic techniques, and which are expected to be permanent
17 and which prevent the tenant from engaging in any substantial gainful
18 employment; or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00443-01-1
A. 3033 2
1 S 2. Subparagraph (b) of paragraph 9 of subdivision c of section
2 26-511 of the administrative code of the city of New York is amended to
3 read as follows:
4 (b) where he or she seeks to recover possession of one [or more]
5 dwelling [units] UNIT BECAUSE OF IMMEDIATE AND COMPELLING NECESSITY for
6 his or her own personal use and occupancy as his or her primary resi-
7 dence [in the city of New York and/or] OR for the use and occupancy of a
8 member of his or her immediate family as his or her primary residence
9 [in the city of New York], provided however, that this subparagraph
10 shall PERMIT RECOVERY OF ONLY ONE DWELLING UNIT AND SHALL not apply
11 where a tenant or the spouse of a tenant lawfully occupying the dwelling
12 unit is sixty-two years of age or older, HAS BEEN A TENANT IN A DWELLING
13 UNIT IN THAT BUILDING FOR TWENTY YEARS OR MORE, or has an impairment
14 which results from anatomical, physiological or psychological condi-
15 tions, other than addiction to alcohol, gambling, or any controlled
16 substance, which are demonstrable by medically acceptable clinical and
17 laboratory diagnostic techniques, and which are expected to be permanent
18 and which prevent the tenant from engaging in any substantial gainful
19 employment, unless such owner offers to provide and if requested,
20 provides an equivalent or superior housing accommodation at the same or
21 lower stabilized rent in a closely proximate area. The provisions of
22 this subparagraph shall only permit one of the individual owners of any
23 building to recover possession of one [or more] dwelling [units] UNIT
24 for his or her own personal use and/or for that of his or her immediate
25 family. [Any] A dwelling unit recovered by an owner pursuant to this
26 subparagraph shall not for a period of three years be rented, leased,
27 subleased or assigned to any person other than a person for whose bene-
28 fit recovery of the dwelling unit is permitted pursuant to this subpara-
29 graph or to the tenant in occupancy at the time of recovery under the
30 same terms as the original lease. This subparagraph shall not be deemed
31 to establish or eliminate any claim that the former tenant of the dwell-
32 ing unit may otherwise have against the owner. Any such rental, lease,
33 sublease or assignment during such period to any other person may be
34 subject to a penalty of a forfeiture of the right to any increases in
35 residential rents in such building for a period of three years; or
36 S 3. Subdivision a of section 10 of section 4 of chapter 576 of the
37 laws of 1974, constituting the emergency tenant protection act of nine-
38 teen seventy-four, as amended by chapter 234 of the laws of 1984, is
39 amended to read as follows:
40 a. For cities having a population of less than one million and towns
41 and villages, the state division of housing and community renewal shall
42 be empowered to implement this act by appropriate regulations. Such
43 regulations may encompass such speculative or manipulative practices or
44 renting or leasing practices as the state division of housing and commu-
45 nity renewal determines constitute or are likely to cause circumvention
46 of this act. Such regulations shall prohibit practices which are likely
47 to prevent any person from asserting any right or remedy granted by this
48 act, including but not limited to retaliatory termination of periodic
49 tenancies and shall require owners to grant a new one or two year vacan-
50 cy or renewal lease at the option of the tenant, except where a mortgage
51 or mortgage commitment existing as of the local effective date of this
52 act provides that the owner shall not grant a one-year lease; and shall
53 prescribe standards with respect to the terms and conditions of new and
54 renewal leases, additional rent and such related matters as security
55 deposits, advance rental payments, the use of escalator clauses in leas-
56 es and provision for increase in rentals for garages and other ancillary
A. 3033 3
1 facilities, so as to insure that the level of rent adjustments author-
2 ized under this law will not be subverted and made ineffective. Any
3 provision of the regulations permitting an owner to refuse to renew a
4 lease on grounds that the owner seeks to recover possession of [the] A
5 housing accommodation for his OR HER own use and occupancy or for the
6 use and occupancy of his OR HER immediate family shall PERMIT RECOVERY
7 OF ONLY ONE HOUSING ACCOMMODATION, SHALL require that an owner demon-
8 strate immediate and compelling need AND THAT THE HOUSING ACCOMMODATION
9 WILL BE THE PROPOSED OCCUPANTS' PRIMARY RESIDENCE and shall not apply
10 where a member of the housing accommodation is sixty-two years of age or
11 older, has been a tenant in a housing accommodation in that building for
12 twenty years or more, or has an impairment which results from anatom-
13 ical, physiological or psychological conditions, other than addiction to
14 alcohol, gambling, or any controlled substance, which are demonstrable
15 by medically acceptable clinical and laboratory diagnostic techniques,
16 and which are expected to be permanent and which prevent the tenant from
17 engaging in any substantial gainful employment.
18 S 4. Paragraph (a) of subdivision 2 of section 5 of chapter 274 of the
19 laws of 1946, constituting the emergency housing rent control law, as
20 amended by chapter 234 of the laws of 1984, is amended to read as
21 follows:
22 (a) the landlord seeks in good faith to recover possession of A hous-
23 ing [accommodations] ACCOMMODATION because of immediate and compelling
24 necessity for his OR HER own personal use and occupancy AS HIS OR HER
25 PRIMARY RESIDENCE or for the use and occupancy of his OR HER immediate
26 family AS THEIR PRIMARY RESIDENCE; provided, however, this subdivision
27 shall PERMIT RECOVERY OF ONLY ONE HOUSING ACCOMMODATION AND SHALL not
28 apply where a member of the household lawfully occupying the housing
29 accommodation is sixty-two years of age or older, has been a tenant in a
30 housing accommodation in that building for twenty years or more, or has
31 an impairment which results from anatomical, physiological or psycholog-
32 ical conditions, other than addiction to alcohol, gambling, or any
33 controlled substance, which are demonstrable by medically acceptable
34 clinical and laboratory diagnostic techniques, and which are expected to
35 be permanent and which prevent the tenant from engaging in any substan-
36 tial gainful employment; or
37 S 5. This act shall take effect immediately and shall apply to any
38 tenant in possession at or after the time it takes effect, regardless of
39 whether the landlord's application for an order, refusal to renew a
40 lease or refusal to extend or renew a tenancy took place before this act
41 shall have taken effect, provided that:
42 a. the amendments to section 26-408 of the city rent and rehabili-
43 tation law made by section one of this act shall remain in full force
44 and effect only as long as the public emergency requiring the regulation
45 and control of residential rents and evictions continues, as provided in
46 subdivision 3 of section 1 of the local emergency housing rent control
47 act;
48 b. the amendments to section 26-511 of the rent stabilization law of
49 nineteen hundred sixty-nine made by section two of this act shall expire
50 on the same date as such law expires and shall not affect the expiration
51 of such law as provided under section 26-520 of such law;
52 c. the amendments to subdivision a of section 10 of section 4 of the
53 emergency tenant protection act of nineteen seventy-four made by section
54 three of this act shall expire on the same date as such act expires and
55 shall not affect the expiration of such act as provided in section 17 of
56 chapter 576 of the laws of 1974; and
A. 3033 4
1 d. the amendments to paragraph (a) of subdivision 2 of section 5 of
2 the emergency housing rent control law made by section four of this act
3 shall expire on the same date as such law expires and shall not affect
4 the expiration of such law as provided in subdivision 2 of section 1 of
5 chapter 274 of the laws of 1946.
