Rpld §26-408 sub b ¶1, §26-511 sub c ¶9 sub¶ (b), NYC Ad Cd; rpld §5 sub 2 ¶(a), Emerg Hous Rent Cont L; amd
§10, 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 which permit evictions for personal use and occupancy.
STATE OF NEW YORK
________________________________________________________________________
6199
2025-2026 Regular Sessions
IN ASSEMBLY
February 27, 2025
___________
Introduced by M. of A. SIMONE, R. CARROLL, COLTON, DINOWITZ, GALLAGHER,
GLICK -- 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2 administrative code of the city of New York is REPEALED.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4 26-511 of the administrative code of the city of New York is REPEALED.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7 REPEALED.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 section 15 of part Q of chapter 39 of
11 the laws of 2019, is 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-
22 cy or renewal lease at the option of the tenant, except where a mortgage
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03932-01-5
A. 6199 2
1 or mortgage commitment existing as of the local effective date of this
2 act provides that the owner shall not grant a one-year lease; and shall
3 prescribe standards with respect to the terms and conditions of new and
4 renewal leases, additional rent and such related matters as security
5 deposits, advance rental payments, the use of escalator clauses in leas-
6 es and provision for increase in rentals for garages and other ancillary
7 facilities, so as to ensure that the level of rent adjustments author-
8 ized under this law will not be subverted and made ineffective. [Any] No
9 provision of the regulations [permitting] shall permit an owner to
10 refuse to renew a lease on grounds that the owner seeks to recover
11 possession of a housing accommodation for [his or her] their own use and
12 occupancy or for the use and occupancy of [his or her] their immediate
13 family [shall permit recovery of only one housing accommodation, shall
14 require that an owner demonstrate immediate and compelling need and that
15 the housing accommodation will be the proposed occupants' primary resi-
16 dence and shall not apply where a member of the housing accommodation is
17 sixty-two years of age or older, has been a tenant in a housing accommo-
18 dation in that building for fifteen years or more, or has an impairment
19 which results from anatomical, physiological or psychological condi-
20 tions, other than addiction to alcohol, gambling, or any controlled
21 substance, which are demonstrable by medically acceptable clinical and
22 laboratory diagnostic techniques, and which are expected to be permanent
23 and which prevent the tenant from engaging in any substantial gainful
24 employment; provided, however, that a tenant required to surrender a
25 housing accommodation under this subdivision shall have a cause of
26 action in any court of competent jurisdiction for damages, declaratory,
27 and injunctive relief against a landlord or purchaser of the premises
28 who makes a fraudulent statement regarding a proposed use of the housing
29 accommodation. In any action or proceeding brought pursuant to this
30 subdivision a prevailing tenant shall be entitled to recovery of actual
31 damages, and reasonable attorneys' fees].
32 § 5. Severability. If any provision of this act, or any application
33 of any provision of this act, is held to be invalid, that shall not
34 affect the validity or effectiveness of any other provision of this act,
35 any other application of any provision of this act, or any other
36 provision of any law or code amended by this act.
37 § 6. This act shall take effect immediately; and
38 a. shall apply to any tenant in possession of a housing accommodation
39 at or after the effective date of this act, regardless of whether the
40 landlord's or owner's application for an order, refusal to renew a
41 lease, or refusal to extend or renew a tenancy took place before this
42 act shall have taken effect; and
43 b. the repeal of provisions of law made by this act shall not affect
44 the availability of any right or remedy relating to any housing accommo-
45 dation where the landlord or owner recovered possession under such
46 provision prior to the taking effect of this act.
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.
