A05331 Summary:

BILL NOA05331
 
SAME ASSAME AS S04130
 
SPONSORCymbrowitz
 
COSPNSRDe La Rosa, Walker, Rosenthal L, Barron
 
MLTSPNSR
 
Amd 26-408 & 26-511, NYC Ad Cd; amd 10, Emerg Ten Prot Act of 1974; amd 5, Emerg Hous Rent Cont L
 
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 fifteen or more years.
Go to top    

A05331 Actions:

BILL NOA05331
 
02/08/2019referred to housing
Go to top

A05331 Committee Votes:

Go to top

A05331 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

A05331 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5331
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 8, 2019
                                       ___________
 
        Introduced  by  M.  of  A. CYMBROWITZ, DE LA ROSA, WALKER, L. ROSENTHAL,
          BARRON -- 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] fifteen years or more,  or  has  an
    13  impairment which results from anatomical, physiological or psychological
    14  conditions, 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.
                                                                   LBD09539-01-9

        A. 5331                             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 fifteen 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  the

        A. 5331                             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] fifteen years or more, or has an impairment which results  from
     8  anatomical,   physiological  or  psychological  conditions,  other  than
     9  addiction to alcohol, gambling, or any controlled substance,  which  are
    10  demonstrable  by medically acceptable clinical and laboratory diagnostic
    11  techniques, and which are expected to be permanent and which prevent the
    12  tenant from 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] fifteen years or
    26  more, or has an impairment which results from anatomical,  physiological
    27  or  psychological conditions, other than addiction to alcohol, gambling,
    28  or any controlled substance, which are demonstrable by medically accept-
    29  able clinical  and  laboratory  diagnostic  techniques,  and  which  are
    30  expected  to  be permanent and which prevent the tenant from engaging in
    31  any substantial 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.
Go to top