STATE OF NEW YORK
________________________________________________________________________
9622
IN ASSEMBLY
January 28, 2020
___________
Introduced by M. of A. O'DONNELL -- read once and referred to the
Committee on Local Governments
AN ACT to amend the real property law, in relation to allowing munici-
palities the right to enact commercial rent control measures
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 228 of the real property law, as amended by chapter
2 312 of the laws of 1962, is amended to read as follows:
3 § 228. Termination of tenancies at will or by sufferance, by notice.
4 1. A tenancy at will or by sufferance, however created, may be termi-
5 nated by a written notice of not less than thirty days given in behalf
6 of the landlord, to the tenant, requiring him to remove from the prem-
7 ises; which notice must be served, either by delivering to the tenant or
8 to a person of suitable age and discretion, residing upon the premises,
9 or if neither the tenant nor such a person can be found, by affixing it
10 upon a conspicuous part of the premises, where it may be conveniently
11 read. At the expiration of thirty days after the service of such notice,
12 the landlord may re-enter, maintain an action to recover possession, or
13 proceed, in the manner prescribed by law, to remove the tenant, without
14 further or other notice to quit.
15 2. Nothing contained in this section shall be construed to amend,
16 repeal, modify or affect any local law or ordinance, or any provision of
17 the New York city charter or administrative code of the city of New
18 York, or to limit or restrict the power of any city to amend or modify
19 any local law or ordinance, or to limit or restrict the power of the
20 city of New York to amend or modify any ordinance or provision of the
21 New York city charter or administrative code of the city of New York, or
22 to restrict or limit any power otherwise conferred by law.
23 § 2. Section 229 of the real property law is amended to read as
24 follows:
25 § 229. Liability of tenant holding over after giving notice of inten-
26 tion to quit. 1. If a tenant gives notice of his intention to quit the
27 premises held by him, and does not accordingly deliver up the possession
28 thereof, at the time specified in such notice, he or his personal repre-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14891-01-0
A. 9622 2
1 sentatives must, so long as he continue in possession, pay to the land-
2 lord, his heirs or assigns, double the rent which he should otherwise
3 have paid, to be recovered at the same time, and in the same manner, as
4 the single rent.
5 2. Nothing contained in this section shall be construed to amend,
6 repeal, modify or affect any local law or ordinance, or any provision of
7 the New York city charter or administrative code of the city of New
8 York, or to limit or restrict the power of any city to amend or modify
9 any local law or ordinance, or to limit or restrict the power of the
10 city of New York to amend or modify any ordinance or provision of the
11 New York city charter or administrative code of the city of New York, or
12 to restrict or limit any power otherwise conferred by law.
13 § 3. Section 232-a of the real property law, as amended by section 32
14 of part Q of chapter 39 of the laws of 2019, is amended to read as
15 follows:
16 § 232-a. 1. Notice to terminate monthly tenancy or tenancy from month
17 to month in the city of New York. No monthly tenant, or tenant from
18 month to month, shall hereafter be removed from any lands or buildings
19 in the city of New York on the grounds of holding over the tenant's term
20 unless pursuant to the notice period required by subdivision two of
21 section two hundred twenty-six-c of this article, or for a tenancy other
22 than a residential tenancy at least thirty days before the expiration of
23 the term, the landlord or the landlord's agent serve upon the tenant, in
24 the same manner in which a notice of petition in summary proceedings is
25 now allowed to be served by law, a notice in writing to the effect that
26 the landlord elects to terminate the tenancy and that unless the tenant
27 removes from such premises on the day designated in the notice, the
28 landlord will commence summary proceedings under the statute to remove
29 such tenant therefrom.
30 2. Nothing contained in this section shall be construed to amend,
31 repeal, modify or affect any local law or ordinance, or any provision of
32 the New York city charter or administrative code of the city of New
33 York, or to limit or restrict the power of any city to amend or modify
34 any local law or ordinance, or to limit or restrict the power of the
35 city of New York to amend or modify any ordinance or provision of the
36 New York city charter or administrative code of the city of New York, or
37 to restrict or limit any power otherwise conferred by law.
38 § 4. Subdivision 5 of section 235-d of the real property law, as added
39 by chapter 508 of the laws of 1978, is amended to read as follows:
40 5. The powers and remedies set forth in this section shall be in addi-
41 tion to all other powers and remedies in relation to harassment includ-
42 ing the award of damages. Nothing contained [herein] in this section
43 shall be construed to amend, repeal, modify or affect any [existing]
44 local law or ordinance, or any provision of the New York city charter or
45 administrative code of the city of New York, or to limit or restrict the
46 power of any city to amend or modify any local law or ordinance, or to
47 limit or restrict the power of the city of New York to amend or modify
48 any [existing local law,] ordinance or provision of the New York city
49 charter or administrative code of the city of New York, or to restrict
50 or limit any power otherwise conferred by law [with respect to harass-
51 ment].
52 § 5. This act shall take effect immediately.