|SAME AS||No same as|
|COSPNSR||Glick, Dinowitz, Colton, Wright|
|MLTSPNSR||Farrell, Galef, Lopez V|
|Rpld S26-408 sub b 1, S26-511 sub c 9 sub (b), NYC Ad Cd; rpld S5 sub 2 (a), Emerg Hous Rent Cont L; amd S10, Emerg Ten Prot Act of 1974|
|Prohibits certain regulations of the state division of housing and community renewal, for cities having a population of less than one million and towns and villages, from permitting an owner to refuse to renew a lease on grounds that the housing accommodation is sought for personal use or occupancy (i.e., use or occupancy by the owner or the owner's immediate family); repeals provisions of the administrative code of the city of New York and of the Emergency Housing Rent Control Law which permit evictions for personal use and occupancy.|
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STATE OF NEW YORK ________________________________________________________________________ 3638 2011-2012 Regular Sessions IN ASSEMBLY January 26, 2011 ___________ Introduced by M. of A. GOTTFRIED, GLICK, DINOWITZ, COLTON, WRIGHT -- Multi-Sponsored by -- M. of A. V. LOPEZ -- read once and referred to the Committee on Housing AN ACT to amend the emergency tenant protection act of nineteen seven- ty-four, in relation to protecting the home of a tenant sought by a landlord for personal use; and repealing certain provisions of the administrative code of the city of New York and the emergency housing rent control law relating to evictions for personal use 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 Paragraph 1 of subdivision b of section 26-408 of the 2 administrative code of the city of New York is REPEALED. 3 § 2. Subparagraph (b) of paragraph 9 of subdivision c of section 4 26-511 of the administrative code of the city of New York is REPEALED. 5 § 3. Paragraph (a) of subdivision 2 of section 5 of chapter 274 of the 6 laws of 1946, constituting the emergency housing rent control law, is 7 REPEALED. 8 § 4. Subdivision a of section 10 of section 4 of chapter 576 of the 9 laws of 1974, constituting the emergency tenant protection act of nine- 10 teen seventy-four, as amended by chapter 234 of the laws of 1984, is 11 amended to read as follows: 12 a. For cities having a population of less than one million and towns 13 and villages, the state division of housing and community renewal shall 14 be empowered to implement this act by appropriate regulations. Such 15 regulations may encompass such speculative or manipulative practices or 16 renting or leasing practices as the state division of housing and commu- 17 nity renewal determines constitute or are likely to cause circumvention 18 of this act. Such regulations shall prohibit practices which are likely 19 to prevent any person from asserting any right or remedy granted by this 20 act, including but not limited to retaliatory termination of periodic 21 tenancies and shall require owners to grant a new one or two year vacan- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05352-01-1A. 3638 2 1 cy or renewal lease at the option of the tenant, except where a mortgage 2 or mortgage commitment existing as of the local effective date of this 3 act provides that the owner shall not grant a one-year lease; and shall 4 prescribe standards with respect to the terms and conditions of new and 5 renewal leases, additional rent and such related matters as security 6 deposits, advance rental payments, the use of escalator clauses in leas- 7 es and provision for increase in rentals for garages and other ancillary 8 facilities, so as to insure that the level of rent adjustments author- 9 ized under this law will not be subverted and made ineffective. [ Any] No 10 provision of the regulations [ permitting] shall permit an owner to 11 refuse to renew a lease on grounds that the owner seeks to recover 12 possession of the housing accommodation for his or her own use [ and] or 13 occupancy or for the use [ and] or occupancy of his or her immediate 14 family [ shall require that an owner demonstrate immediate and compelling15 need and shall not apply where a member of the housing accommodation is16 sixty-two years of age or older, has been a tenant in a housing accommo-17 dation in that building for twenty years or more, or has an impairment18 which results from anatomical, physiological or psychological condi-19 tions, other than addiction to alcohol, gambling, or any controlled20 substance, which are demonstrable by medically acceptable clinical and21 laboratory diagnostic techniques, and which are expected to be permanent22 and which prevent the tenant from engaging in any substantial gainful23 employment]. 24 § 5. Severability. If any provision of this act, or any application 25 of any provision of this act, is held to be invalid, that shall not 26 affect the validity or effectiveness of any other provision of this act, 27 any other application of any provision of this act, or any other 28 provision of any law or code amended by this act. 29 § 6. This act shall take effect immediately; and 30 a. shall apply to any tenant in possession of a housing accommodation 31 at or after the effective date of this act, regardless of whether the 32 landlord's or owner's application for an order, refusal to renew a 33 lease, or refusal to extend or renew a tenancy took place before this 34 act shall have taken effect; 35 b. the repeal of provisions of law made by this act shall not affect 36 the availability of any right or remedy relating to any housing accommo- 37 dation where the landlord or owner recovered possession under such 38 provision prior to the taking effect of this act; and 39 c. the amendments to section 10 of the emergency tenant protection act 40 of nineteen seventy-four made by section four of this act shall expire 41 on the same date as such act expires and shall not affect the expiration 42 of such act as provided in section 17 of chapter 576 of the laws of 43 1974, as amended. REPEAL NOTE.--The provisions of law proposed to be repealed by this act allow a landlord of a rent controlled or rent stabilized apartment to evict a tenant where the landlord seeks the apartment for the use and occupancy of the landlord or the landlord's immediate family.