A01311 Summary:

BILL NOA01311
 
SAME ASNo Same As
 
SPONSORRosenthal L
 
COSPNSR
 
MLTSPNSR
 
Amd §26-511, NYC Ad Cd
 
Relates to recovery of certain housing accommodations by a landlord.
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A01311 Actions:

BILL NOA01311
 
01/14/2019referred to housing
01/08/2020referred to housing
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A01311 Committee Votes:

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A01311 Floor Votes:

There are no votes for this bill in this legislative session.
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A01311 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1311
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 14, 2019
                                       ___________
 
        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Housing
 
        AN ACT to amend the administrative code of the  city  of  New  York,  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. 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 dwell-
     5  ing units for his or her own personal use and occupancy as  his  or  her
     6  primary  residence  in the city of New York and/or for the use and occu-
     7  pancy of a member of his or her immediate family as his or  her  primary
     8  residence  in the city of New York, provided however, that this subpara-
     9  graph shall not apply where a tenant or the spouse of a tenant  lawfully
    10  occupying  the  dwelling unit is sixty-two years of age or older, or has
    11  been a tenant in the dwelling unit in that building for twenty years  or
    12  more,  or has an impairment which results from anatomical, physiological
    13  or psychological conditions, other than addiction to alcohol,  gambling,
    14  or any controlled substance, which are demonstrable by medically accept-
    15  able  clinical  and  laboratory  diagnostic  techniques,  and  which are
    16  expected to be permanent and which prevent the tenant from  engaging  in
    17  any  substantial gainful employment, unless such owner offers to provide
    18  and if requested, provides an equivalent or  superior  housing  accommo-
    19  dation at the same or lower stabilized rent in a closely proximate area.
    20  The  provisions  of this subparagraph shall only permit one of the indi-
    21  vidual owners of any building to  recover  possession  of  one  or  more
    22  dwelling units for his or her own personal use and/or for that of his or
    23  her  immediate  family. Any dwelling unit recovered by an owner pursuant
    24  to this subparagraph shall not for a period of three  years  be  rented,
    25  leased,  subleased  or  assigned  to  any person other than a person for
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03322-01-9

        A. 1311                             2
 
     1  whose benefit recovery of the dwelling unit  is  permitted  pursuant  to
     2  this  subparagraph or to the tenant in occupancy at the time of recovery
     3  under the same terms as the original lease. This subparagraph shall  not
     4  be  deemed to establish or eliminate any claim that the former tenant of
     5  the dwelling unit may otherwise have against the owner. Any such rental,
     6  lease, sublease or assignment during such period to any other person may
     7  be subject to a penalty of a forfeiture of the right to any increases in
     8  residential rents in such building for a period of three years; or
     9    § 2. This act shall take effect immediately and  shall  apply  to  any
    10  tenant in possession at or after the time it takes effect, regardless of
    11  whether  the  landlord's  application  for  an order, refusal to renew a
    12  lease or refusal to extend or renew a tenancy took place before this act
    13  shall have taken effect, provided that the amendments to section  26-511
    14  of  chapter  4 of title 26 of the administrative code of the city of New
    15  York made by section one of this act shall expire on the  same  date  as
    16  such    law  expires  and shall not affect the expiration of such law as
    17  provided under section 26-520 of such law.
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