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A07489 Summary:

BILL NOA07489
 
SAME ASNo Same As
 
SPONSORNovakhov
 
COSPNSRFitzpatrick
 
MLTSPNSR
 
Amd §26-408, NYC Ad Cd; amd §5, Emerg Hous Rent Cont L; amd §10, Emerg Ten Prot Act of 1974
 
Removes certain restrictions relating to the "immediate and compelling necessity" of the landlord on a landlord's ability in certain New York city apartments which are rent stabilized or rent controlled to recover possession of a housing accommodation for such landlord's own personal use and occupancy or for the use and occupancy of such landlord's immediate family.
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A07489 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7489
 
SPONSOR: Novakhov
  TITLE OF BILL: An act to amend the administrative code of the city of New York, the emergency housing rent control law and the emergency tenant protection act of nineteen seventy-four, in relation to the eviction of tenants on grounds of landlord's personal use   PURPOSE OR GENERAL IDEA OF BILL: To provide owners of rent regulated property increased rights to occupy a unit in their own building either for themselves or for a member of their own family.   SUMMARY OF PROVISIONS: This bill eliminates "the immediate and compelling necessity" require- ments upon a landlord who is seeking to recover possession of a dwelling unit in a building which he or she owns, or when he or she is seeking such repossession for his or her own personal use or for the use and occupancy of his or her immediate family. The bill also eliminates the exception for elderly and disabled persons. Presently, the owner has inferior rights to any person, who is 62 years of age or older or has a serious disability and has been in the same unit for 20 years or more; the law allows such a person to remain in the unit even if the owner would like to live in the unit. This new law gives the right of repossession as long as he or she proceeds in good faith.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):   JUSTIFICATION: When an owner, acting in good faith, seeks the use and occupancy of'a dwelling unit within his or her own property for personal/family use, the owner should have superior rights to any tenants and should not have to show "an immediate and compelling necessity," a standard by which the courts have made it difficult for owners to sufficiently demonstrate. Unless this bill is passed, the law of this state will continue to make owners strangers in their own homes.   PRIOR LEGISLATIVE HISTORY: 2024- A.3664 - A.5521- Referred to Housing Committee - Referred to Hous- ing Committee 2022 2020 - A6142 - Held in Housing Committee 2018 - A7341 - Held in Housing Committee 2016 - A3763 - Held in Housing Committee 2014 - A3209 - Held in Housing Committee 2012 - A2572 - Held in Housing Committee 2010 - A4230 - Held in Housing Committee 2008 - A4023 - Held in Housing Committee 2006 - A9586 - Held in Housing Committee   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A07489 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7489
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 28, 2025
                                       ___________
 
        Introduced  by  M. of A. NOVAKHOV, FITZPATRICK -- read once and referred
          to the Committee on Housing
 
        AN ACT to amend the administrative code of the city  of  New  York,  the
          emergency housing rent control law and the emergency tenant protection
          act  of  nineteen seventy-four, in relation to the eviction of tenants
          on grounds of landlord's 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, as amended by section 1  of
     3  part I of chapter 36 of the laws of 2019, is amended to read as 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
     6  [his  or  her] such landlord's own personal use and occupancy as [his or
     7  her] such landlord's primary residence or for the use and  occupancy  of
     8  [his or her] such landlord's immediate family as their primary residence
     9  [provided,  however, that this subdivision shall permit recovery of only
    10  one housing accommodation and shall not apply  where  a  member  of  the
    11  household  lawfully  occupying  the  housing  accommodation is sixty-two
    12  years of age or older, has been a tenant in a housing  accommodation  in
    13  that  building  for  fifteen  years  or more, or has an impairment which
    14  results from  anatomical,  physiological  or  psychological  conditions,
    15  other  than addiction to alcohol, gambling, or any controlled substance,
    16  which are demonstrable by medically acceptable clinical  and  laboratory
    17  diagnostic  techniques, and which are expected to be permanent and which
    18  prevent the tenant from engaging in any substantial gainful employment];
    19  provided, further, that a tenant required to surrender a housing  accom-
    20  modation  by  virtue  of  the  operation  of  subdivision g or h of this
    21  section shall have a cause of action in any court of competent jurisdic-
    22  tion for damages, declaratory, and injunctive relief against a  landlord
    23  or  purchaser of the premises who makes a fraudulent statement regarding
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03967-01-5

        A. 7489                             2
 
     1  a proposed use of the housing accommodation. In any action or proceeding
     2  brought pursuant to this paragraph a prevailing tenant shall be entitled
     3  to recovery of actual damages, and reasonable attorneys' fees; or
     4    § 2. Paragraph (a) of subdivision 2 of section 5 of chapter 274 of the
     5  laws  of  1946,  constituting the emergency housing rent control law, as
     6  amended by section 16 of part Q of chapter 39 of the laws  of  2019,  is
     7  amended to read as follows:
     8    (a)  the landlord seeks in good faith to recover possession of a hous-
     9  ing accommodation [because of immediate and  compelling  necessity]  for
    10  [his  or  her] such landlord's own personal use and occupancy as [his or
    11  her] such landlord's primary residence or for the use and  occupancy  of
    12  [his  or  her]  such  landlord's immediate family as their primary resi-
    13  dence[; provided, however, this subdivision  shall  permit  recovery  of
    14  only one housing accommodation and shall not apply where a member of the
    15  household  lawfully  occupying  the  housing  accommodation is sixty-two
    16  years of age or older, has been a tenant in a housing  accommodation  in
    17  that  building  for  fifteen  years  or more, or has an impairment which
    18  results from  anatomical,  physiological  or  psychological  conditions,
    19  other  than addiction to alcohol, gambling, or any controlled substance,
    20  which are demonstrable by medically acceptable clinical  and  laboratory
    21  diagnostic  techniques, and which are expected to be permanent and which
    22  prevent the tenant from engaging in any substantial gainful employment];
    23  provided, however, that a tenant required to surrender a housing  accom-
    24  modation  under this paragraph shall have a cause of action in any court
    25  of competent  jurisdiction  for  damages,  declaratory,  and  injunctive
    26  relief against a landlord or purchaser of the premises who makes a frau-
    27  dulent  statement regarding a proposed use of the housing accommodation.
    28  In any action  or  proceeding  brought  pursuant  to  this  paragraph  a
    29  prevailing  tenant  shall be entitled to recovery of actual damages, and
    30  reasonable attorneys' fees; 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 section 15 of part Q of chapter  39  of
    34  the laws of 2019, is 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 ensure 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 a housing
    56  accommodation  for  his  or her own use and occupancy or for the use and

        A. 7489                             3

     1  occupancy of his or her immediate family shall permit recovery  of  only
     2  one housing accommodation, shall require that an owner demonstrate imme-
     3  diate and compelling need and that the housing accommodation will be the
     4  proposed occupants' primary residence and shall not apply where a member
     5  of  the  housing  accommodation  is sixty-two years of age or older, has
     6  been a tenant in a housing accommodation in that  building  for  fifteen
     7  years or more, or has an impairment which results from anatomical, phys-
     8  iological  or psychological conditions, other than addiction to alcohol,
     9  gambling,  or  any  controlled  substance,  which  are  demonstrable  by
    10  medically  acceptable clinical and laboratory diagnostic techniques, and
    11  which are expected to be permanent and which  prevent  the  tenant  from
    12  engaging  in  any  substantial  gainful  employment; provided] Provided,
    13  however, that a tenant required to  surrender  a  housing  accommodation
    14  under  this  subdivision  shall  have  a cause of action in any court of
    15  competent jurisdiction for damages, declaratory, and  injunctive  relief
    16  against  a  landlord or purchaser of the premises who makes a fraudulent
    17  statement regarding a proposed use of the housing accommodation. In  any
    18  action  or  proceeding brought pursuant to this subdivision a prevailing
    19  tenant shall be entitled to recovery of actual damages,  and  reasonable
    20  attorneys' fees.
    21    §  4. This act shall take effect immediately; provided that the amend-
    22  ment to section 26-408 of the city rent and rehabilitation law, made  by
    23  section  one  of this act, shall remain in full force and effect only as
    24  long as the public emergency requiring the  regulation  and  control  of
    25  residential  rents and evictions continues, as provided in subdivision 3
    26  of section 1 of the local emergency housing rent control act.
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