Bill Text: NY S02891 | 2019-2020 | General Assembly | Introduced
Bill Title: Provides that tenants shall be offered the option of a one, two, three or four year renewal lease; repeals certain provisions relating to the increase in rent for such renewal leases.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S02891 Detail]
Download: New_York-2019-S02891-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2891 2019-2020 Regular Sessions IN SENATE January 30, 2019 ___________ Introduced by Sen. SALAZAR -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development AN ACT to amend the administrative code of the city of New York and the emergency tenant protection act of nineteen seventy-four, in relation to the duration of renewal leases; and to repeal certain provisions of such laws relating to the increase in rent for such renewal leases The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph 4 of subdivision c of section 26-511 of the 2 administrative code of the city of New York is amended to read as 3 follows: 4 (4) includes provisions requiring owners to grant a [one or two] one, 5 two, three or four year vacancy or renewal lease at the option of the 6 tenant except where a mortgage or mortgage commitment existing as of 7 April first, nineteen hundred sixty-nine, provides that the mortgagor 8 shall not grant a one year lease; 9 § 2. Paragraph 5-a of subdivision c of section 26-511 of the adminis- 10 trative code of the city of New York is REPEALED. 11 § 3. Subdivision a of section 10 of section 4 of chapter 576 of the 12 laws of 1974, constituting the emergency tenant protection act of nine- 13 teen seventy-four, as amended by chapter 234 of the laws of 1984, is 14 amended to read as follows: 15 a. For cities having a population of less than one million and towns 16 and villages, the state division of housing and community renewal shall 17 be empowered to implement this act by appropriate regulations. Such 18 regulations may encompass such speculative or manipulative practices or 19 renting or leasing practices as the state division of housing and commu- 20 nity renewal determines constitute or are likely to cause circumvention 21 of this act. Such regulations shall prohibit practices which are likely 22 to prevent any person from asserting any right or remedy granted by this EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08685-02-9S. 2891 2 1 act, including but not limited to retaliatory termination of periodic 2 tenancies and shall require owners to grant a new [one or two] one, two, 3 three or four year vacancy or renewal lease at the option of the tenant, 4 except where a mortgage or mortgage commitment existing as of the local 5 effective date of this act provides that the owner shall not grant a 6 one-year lease; and shall prescribe standards with respect to the terms 7 and conditions of new and renewal leases, additional rent and such 8 related matters as security deposits, advance rental payments, the use 9 of escalator clauses in leases and provision for increase in rentals for 10 garages and other ancillary facilities, so as to insure that the level 11 of rent adjustments authorized under this law will not be subverted and 12 made ineffective. Any provision of the regulations permitting an owner 13 to refuse to renew a lease on grounds that the owner seeks to recover 14 possession of the housing accommodation for his own use and occupancy or 15 for the use and occupancy of his immediate family shall require that an 16 owner demonstrate immediate and compelling need and shall not apply 17 where a member of the housing accommodation is sixty-two years of age or 18 older, has been a tenant in a housing accommodation in that building for 19 twenty years or more, or has an impairment which results from anatom- 20 ical, physiological or psychological conditions, other than addiction to 21 alcohol, gambling, or any controlled substance, which are demonstrable 22 by medically acceptable clinical and laboratory diagnostic techniques, 23 and which are expected to be permanent and which prevent the tenant from 24 engaging in any substantial gainful employment. 25 § 4. Subdivision (a-1) of section 10 of section 4 of chapter 576 of 26 the laws of 1974, constituting the emergency tenant protection act of 27 nineteen seventy-four, is REPEALED. 28 § 5. This act shall take effect immediately; provided, however, that 29 the amendments to section 26-511 of chapter 4 of title 26 of the admin- 30 istrative code of the city of New York made by section one of this act 31 shall expire on the same date as such law expires and shall not affect 32 the expiration of such law as provided under section 26-520 of such law; 33 and provided, further, that the amendments to section 10 of the emergen- 34 cy tenant protection act of nineteen seventy-four made by section three 35 of this act shall expire on the same date as such act expires and shall 36 not affect the expiration of such act as provided in section 17 of chap- 37 ter 576 of the laws of 1974, as amended.
