Authorizes the owner of a rent regulated housing accommodation to evict a tenant, who is not 62 or older or disabled, for such owner's personal use and occupancy of the housing accommodation without an immediate and compelling necessity for such occupancy.
STATE OF NEW YORK
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3560
2017-2018 Regular Sessions
IN SENATE
January 24, 2017
___________
Introduced by Sen. LITTLE -- read twice and ordered printed, and when
printed to be committed to the Committee on Housing, Construction and
Community Development
AN ACT to amend the administrative code of the city of New York, in
relation to possession of a housing accommodation subject to the city
rent and rehabilitation law by an owner for personal use and occupancy
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
6 his or her own personal use and occupancy or for the use and occupancy
7 of his or her immediate family provided, however, that this subdivision
8 shall not apply where a member of the household lawfully occupying the
9 housing accommodation is sixty-two years of age or older[, has been a
10 tenant in a housing accommodation in that building for twenty years or
11 more,] or has an impairment which results from anatomical, physiological
12 or psychological conditions, other than addiction to alcohol, gambling,
13 or any controlled substance, which are demonstrable by medically accept-
14 able clinical and laboratory diagnostic techniques, and which are
15 expected to be permanent and which prevent the tenant from engaging in
16 any substantial gainful employment; or
17 § 2. This act shall take effect immediately; provided that the amend-
18 ments to section 26-408 of the city rent and rehabilitation law made by
19 section one of this act shall remain in full force and effect only as
20 long as the public emergency requiring the regulation and control of
21 residential rents and evictions continues, as provided in subdivision 3
22 of section 1 of the local emergency housing rent control act.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07647-01-7
