Bill Text: NY A06142 | 2019-2020 | 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 2-0)
Status: (Introduced - Dead) 2020-01-08 - referred to housing [A06142 Detail]
Download: New_York-2019-A06142-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6142 2019-2020 Regular Sessions IN ASSEMBLY February 28, 2019 ___________ Introduced by M. of A. FITZPATRICK -- Multi-Sponsored by -- M. of A. MANKTELOW -- 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 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 subdivision8shall not apply where a member of the household lawfully occupying the9housing accommodation is sixty-two years of age or older, has been a10tenant in a housing accommodation in that building for twenty years or11more, or has an impairment which results from anatomical, physiological12or psychological conditions, other than addiction to alcohol, gambling,13or any controlled substance, which are demonstrable by medically accept-14able clinical and laboratory diagnostic techniques, and which are15expected to be permanent and which prevent the tenant from engaging in16any substantial gainful employment]; or 17 § 2. Paragraph (a) of subdivision 2 of section 5 of chapter 274 of the 18 laws of 1946, constituting the emergency housing rent control law, as 19 amended by chapter 234 of the laws of 1984, is amended to read as 20 follows: 21 (a) the landlord seeks in good faith to recover possession of housing 22 accommodations [because of immediate and compelling necessity] for his 23 own personal use and occupancy or for the use and occupancy of his imme- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05977-01-9A. 6142 2 1 diate family[; provided, however, this subdivision shall not apply where2a member of the household lawfully occupying the housing accommodation3is sixty-two years of age or older, has been a tenant in a housing4accommodation in that building for twenty years or more, or has an5impairment which results from anatomical, physiological or psychological6conditions, other than addiction to alcohol, gambling, or any controlled7substance, which are demonstrable by medically acceptable clinical and8laboratory diagnostic techniques, and which are expected to be permanent9and which prevent the tenant from engaging in any substantial gainful10employment]; or 11 § 3. Subdivision a of section 10 of section 4 of chapter 576 of the 12 laws of 1974, constituting the emergency tenant protection act of nine- 13 teen seventy-four, as amended by chapter 234 of the laws of 1984, is 14 amended to read as follows: 15 a. For cities having a population of less than one million and towns 16 and villages, the state division of housing and community renewal shall 17 be empowered to implement this act by appropriate regulations. Such 18 regulations may encompass such speculative or manipulative practices or 19 renting or leasing practices as the state division of housing and commu- 20 nity renewal determines constitute or are likely to cause circumvention 21 of this act. Such regulations shall prohibit practices which are likely 22 to prevent any person from asserting any right or remedy granted by this 23 act, including but not limited to retaliatory termination of periodic 24 tenancies and shall require owners to grant a new one or two year vacan- 25 cy or renewal lease at the option of the tenant, except where a mortgage 26 or mortgage commitment existing as of the local effective date of this 27 act provides that the owner shall not grant a one-year lease; and shall 28 prescribe standards with respect to the terms and conditions of new and 29 renewal leases, additional rent and such related matters as security 30 deposits, advance rental payments, the use of escalator clauses in leas- 31 es and provision for increase in rentals for garages and other ancillary 32 facilities, so as to insure that the level of rent adjustments author- 33 ized under this law will not be subverted and made ineffective. [Any34provision of the regulations permitting an owner to refuse to renew a35lease on grounds that the owner seeks to recover possession of the hous-36ing accommodation for his own use and occupancy or for the use and occu-37pancy of his immediate family shall require that an owner demonstrate38immediate and compelling need and shall not apply where a member of the39housing accommodation is sixty-two years of age or older, has been a40tenant in a housing accommodation in that building for twenty years or41more, or has an impairment which results from anatomical, physiological42or psychological conditions, other than addiction to alcohol, gambling,43or any controlled substance, which are demonstrable by medically accept-44able clinical and laboratory diagnostic techniques, and which are45expected to be permanent and which prevent the tenant from engaging in46any substantial gainful employment.] 47 § 4. This act shall take effect immediately; provided that the amend- 48 ment to section 26-408 of the city rent and rehabilitation law, made by 49 section one of this act, shall remain in full force and effect only as 50 long as the public emergency requiring the regulation and control of 51 residential rents and evictions continues, as provided in subdivision 3 52 of section 1 of the local emergency housing rent control act. The amend- 53 ment to section 5 of the emergency housing rent control law, made by 54 section two of this act, shall expire on the same date as such law 55 expires and shall not affect the expiration of such law as provided in 56 subdivision 2 of section 1 of chapter 274 of the laws of 1946. TheA. 6142 3 1 amendment to section 10 of the emergency tenant protection act of nine- 2 teen seventy-four, made by section three of this act, shall expire on 3 the same date as such act expires and shall not affect the expiration of 4 such act as provided in section 17 of chapter 576 of the laws of 1974, 5 as amended.
