Bill Text: NY A05521 | 2021-2022 | General Assembly | Introduced
Bill Title: 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 his own personal use and occupancy or for the use and occupancy of his or her immediate family.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-01-05 - referred to housing [A05521 Detail]
Download: New_York-2021-A05521-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5521 2021-2022 Regular Sessions IN ASSEMBLY February 19, 2021 ___________ Introduced by M. of A. 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 own personal use and occupancy as his or her primary resi- 7 dence or for the use and occupancy of his or her immediate family as 8 their primary residence [provided, however, that this subdivision shall9permit recovery of only one housing accommodation and shall not apply10where a member of the household lawfully occupying the housing accommo-11dation is sixty-two years of age or older, has been a tenant in a hous-12ing accommodation in that building for fifteen years or more, or has an13impairment which results from anatomical, physiological or psychological14conditions, other than addiction to alcohol, gambling, or any controlled15substance, which are demonstrable by medically acceptable clinical and16laboratory diagnostic techniques, and which are expected to be permanent17and which prevent the tenant from engaging in any substantial gainful18employment]; provided, further, that a tenant required to surrender a 19 housing accommodation by virtue of the operation of subdivision g or h 20 of this section shall have a cause of action in any court of competent 21 jurisdiction for damages, declaratory, and injunctive relief against a 22 landlord or purchaser of the premises who makes a fraudulent statement 23 regarding a proposed use of the housing accommodation. In any action or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08172-01-1A. 5521 2 1 proceeding brought pursuant to this paragraph a prevailing tenant shall 2 be entitled to recovery of actual damages, and reasonable attorneys' 3 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 own personal use and occupancy as his or her primary resi- 11 dence or for the use and occupancy of his or her immediate family as 12 their primary residence[; provided, however, this subdivision shall13permit recovery of only one housing accommodation and shall not apply14where a member of the household lawfully occupying the housing accommo-15dation is sixty-two years of age or older, has been a tenant in a hous-16ing accommodation in that building for fifteen years or more, or has an17impairment which results from anatomical, physiological or psychological18conditions, other than addiction to alcohol, gambling, or any controlled19substance, which are demonstrable by medically acceptable clinical and20laboratory diagnostic techniques, and which are expected to be permanent21and which prevent the tenant from engaging in any substantial gainful22employment]; provided, however, that a tenant required to surrender a 23 housing accommodation under this paragraph shall have a cause of action 24 in any court of competent jurisdiction for damages, declaratory, and 25 injunctive relief against a landlord or purchaser of the premises who 26 makes a fraudulent statement regarding a proposed use of the housing 27 accommodation. In any action or proceeding brought pursuant to this 28 paragraph a prevailing tenant shall be entitled to recovery of actual 29 damages, and reasonable attorneys' fees; or 30 § 3. Subdivision a of section 10 of section 4 of chapter 576 of the 31 laws of 1974, constituting the emergency tenant protection act of nine- 32 teen seventy-four, as amended by section 15 of part Q of chapter 39 of 33 the laws of 2019, is amended to read as follows: 34 a. For cities having a population of less than one million and towns 35 and villages, the state division of housing and community renewal shall 36 be empowered to implement this act by appropriate regulations. Such 37 regulations may encompass such speculative or manipulative practices or 38 renting or leasing practices as the state division of housing and commu- 39 nity renewal determines constitute or are likely to cause circumvention 40 of this act. Such regulations shall prohibit practices which are likely 41 to prevent any person from asserting any right or remedy granted by this 42 act, including but not limited to retaliatory termination of periodic 43 tenancies and shall require owners to grant a new one or two year vacan- 44 cy or renewal lease at the option of the tenant, except where a mortgage 45 or mortgage commitment existing as of the local effective date of this 46 act provides that the owner shall not grant a one-year lease; and shall 47 prescribe standards with respect to the terms and conditions of new and 48 renewal leases, additional rent and such related matters as security 49 deposits, advance rental payments, the use of escalator clauses in leas- 50 es and provision for increase in rentals for garages and other ancillary 51 facilities, so as to ensure that the level of rent adjustments author- 52 ized under this law will not be subverted and made ineffective. [Any53provision of the regulations permitting an owner to refuse to renew a54lease on grounds that the owner seeks to recover possession of a housing55accommodation for his or her own use and occupancy or for the use and56occupancy of his or her immediate family shall permit recovery of onlyA. 5521 3 1one housing accommodation, shall require that an owner demonstrate imme-2diate and compelling need and that the housing accommodation will be the3proposed occupants' primary residence and shall not apply where a member4of the housing accommodation is sixty-two years of age or older, has5been a tenant in a housing accommodation in that building for fifteen6years or more, or has an impairment which results from anatomical, phys-7iological or psychological conditions, other than addiction to alcohol,8gambling, or any controlled substance, which are demonstrable by9medically acceptable clinical and laboratory diagnostic techniques, and10which are expected to be permanent and which prevent the tenant from11engaging in any substantial gainful employment; provided] Provided, 12 however, that a tenant required to surrender a housing accommodation 13 under this subdivision shall have a cause of action in any court of 14 competent jurisdiction for damages, declaratory, and injunctive relief 15 against a landlord or purchaser of the premises who makes a fraudulent 16 statement regarding a proposed use of the housing accommodation. In any 17 action or proceeding brought pursuant to this subdivision a prevailing 18 tenant shall be entitled to recovery of actual damages, and reasonable 19 attorneys' fees. 20 § 4. This act shall take effect immediately; provided that the amend- 21 ment to section 26-408 of the city rent and rehabilitation law, made by 22 section one of this act, shall remain in full force and effect only as 23 long as the public emergency requiring the regulation and control of 24 residential rents and evictions continues, as provided in subdivision 3 25 of section 1 of the local emergency housing rent control act.