Bill Text: NY A08165 | 2017-2018 | 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, permits recovery of only one unit, and restricts such ability if the tenant has occupied the apartment for twenty or more years.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-03 - referred to housing [A08165 Detail]
Download: New_York-2017-A08165-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8165 2017-2018 Regular Sessions IN ASSEMBLY June 1, 2017 ___________ Introduced by M. of A. NIOU -- 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 19 § 2. Subparagraph (b) of paragraph 9 of subdivision c of section 20 26-511 of the administrative code of the city of New York is amended to 21 read as follows: 22 (b) where he or she seeks to recover possession of one [or more] 23 dwelling [units] unit because of immediate and compelling necessity for EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00851-01-7A. 8165 2 1 his or her own personal use and occupancy as his or her primary resi- 2 dence [in the city of New York and/or] or for the use and occupancy of a 3 member of his or her immediate family as his or her primary residence 4 [in the city of New York], provided however, that this subparagraph 5 shall permit recovery of only one dwelling unit and shall not apply 6 where a tenant or the spouse of a tenant lawfully occupying the dwelling 7 unit is sixty-two years of age or older, has been a tenant in a dwelling 8 unit in that building for twenty years or more, or has an impairment 9 which results from anatomical, physiological or psychological condi- 10 tions, other than addiction to alcohol, gambling, or any controlled 11 substance, which are demonstrable by medically acceptable clinical and 12 laboratory diagnostic techniques, and which are expected to be permanent 13 and which prevent the tenant from engaging in any substantial gainful 14 employment, unless such owner offers to provide and if requested, 15 provides an equivalent or superior housing accommodation at the same or 16 lower stabilized rent in a closely proximate area. The provisions of 17 this subparagraph shall only permit one of the individual owners of any 18 building to recover possession of one [or more] dwelling [units] unit 19 for his or her own personal use and/or for that of his or her immediate 20 family. [Any] A dwelling unit recovered by an owner pursuant to this 21 subparagraph shall not for a period of three years be rented, leased, 22 subleased or assigned to any person other than a person for whose bene- 23 fit recovery of the dwelling unit is permitted pursuant to this subpara- 24 graph or to the tenant in occupancy at the time of recovery under the 25 same terms as the original lease. This subparagraph shall not be deemed 26 to establish or eliminate any claim that the former tenant of the dwell- 27 ing unit may otherwise have against the owner. Any such rental, lease, 28 sublease or assignment during such period to any other person may be 29 subject to a penalty of a forfeiture of the right to any increases in 30 residential rents in such building for a period of three years; or 31 § 3. Subdivision a of section 10 of section 4 of chapter 576 of the 32 laws of 1974, constituting the emergency tenant protection act of nine- 33 teen seventy-four, as amended by chapter 234 of the laws of 1984, is 34 amended to read as follows: 35 a. For cities having a population of less than one million and towns 36 and villages, the state division of housing and community renewal shall 37 be empowered to implement this act by appropriate regulations. Such 38 regulations may encompass such speculative or manipulative practices or 39 renting or leasing practices as the state division of housing and commu- 40 nity renewal determines constitute or are likely to cause circumvention 41 of this act. Such regulations shall prohibit practices which are likely 42 to prevent any person from asserting any right or remedy granted by this 43 act, including but not limited to retaliatory termination of periodic 44 tenancies and shall require owners to grant a new one or two year vacan- 45 cy or renewal lease at the option of the tenant, except where a mortgage 46 or mortgage commitment existing as of the local effective date of this 47 act provides that the owner shall not grant a one-year lease; and shall 48 prescribe standards with respect to the terms and conditions of new and 49 renewal leases, additional rent and such related matters as security 50 deposits, advance rental payments, the use of escalator clauses in leas- 51 es and provision for increase in rentals for garages and other ancillary 52 facilities, so as to insure that the level of rent adjustments author- 53 ized under this law will not be subverted and made ineffective. Any 54 provision of the regulations permitting an owner to refuse to renew a 55 lease on grounds that the owner seeks to recover possession of [the] a 56 housing accommodation for his or her own use and occupancy or for theA. 8165 3 1 use and occupancy of his or her immediate family shall permit recovery 2 of only one housing accommodation, shall require that an owner demon- 3 strate immediate and compelling need and that the housing accommodation 4 will be the proposed occupants' primary residence and shall not apply 5 where a member of the housing accommodation is sixty-two years of age or 6 older, has been a tenant in a housing accommodation in that building for 7 twenty years or more, or has an impairment which results from anatom- 8 ical, physiological or psychological conditions, other than addiction to 9 alcohol, gambling, or any controlled substance, which are demonstrable 10 by medically acceptable clinical and laboratory diagnostic techniques, 11 and which are expected to be permanent and which prevent the tenant from 12 engaging in any substantial gainful employment. 13 § 4. Paragraph (a) of subdivision 2 of section 5 of chapter 274 of the 14 laws of 1946, constituting the emergency housing rent control law, as 15 amended by chapter 234 of the laws of 1984, is amended to read as 16 follows: 17 (a) the landlord seeks in good faith to recover possession of a hous- 18 ing [accommodations] accommodation because of immediate and compelling 19 necessity for his or her own personal use and occupancy as his or her 20 primary residence or for the use and occupancy of his or her immediate 21 family as their primary residence; provided, however, this subdivision 22 shall permit recovery of only one housing accommodation and shall not 23 apply where a member of the household lawfully occupying the housing 24 accommodation is sixty-two years of age or older, has been a tenant in a 25 housing accommodation in that building for twenty years or more, or has 26 an impairment which results from anatomical, physiological or psycholog- 27 ical conditions, other than addiction to alcohol, gambling, or any 28 controlled substance, which are demonstrable by medically acceptable 29 clinical and laboratory diagnostic techniques, and which are expected to 30 be permanent and which prevent the tenant from engaging in any substan- 31 tial gainful employment; or 32 § 5. This act shall take effect immediately and shall apply to any 33 tenant in possession at or after the time it takes effect, regardless of 34 whether the landlord's application for an order, refusal to renew a 35 lease or refusal to extend or renew a tenancy took place before this act 36 shall have taken effect, provided that: 37 a. the amendments to section 26-408 of the city rent and rehabili- 38 tation law made by section one of this act shall remain in full force 39 and effect only as long as the public emergency requiring the regulation 40 and control of residential rents and evictions continues, as provided in 41 subdivision 3 of section 1 of the local emergency housing rent control 42 act; 43 b. the amendments to section 26-511 of the rent stabilization law of 44 nineteen hundred sixty-nine made by section two of this act shall expire 45 on the same date as such law expires and shall not affect the expiration 46 of such law as provided under section 26-520 of such law; 47 c. the amendments to subdivision a of section 10 of section 4 of the 48 emergency tenant protection act of nineteen seventy-four made by section 49 three of this act shall expire on the same date as such act expires and 50 shall not affect the expiration of such act as provided in section 17 of 51 chapter 576 of the laws of 1974; and 52 d. the amendments to paragraph (a) of subdivision 2 of section 5 of 53 the emergency housing rent control law made by section four of this act 54 shall expire on the same date as such law expires and shall not affect 55 the expiration of such law as provided in subdivision 2 of section 1 of 56 chapter 274 of the laws of 1946.
