Bill Text: NY A06567 | 2019-2020 | General Assembly | Introduced


Bill Title: Provides that tenants shall be offered the option of a one, two, three or four year renewal lease; repeals certain provisions relating to the increase in rent for such renewal leases.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-03-12 - referred to housing [A06567 Detail]

Download: New_York-2019-A06567-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6567
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     March 12, 2019
                                       ___________
        Introduced  by  M. of A. NIOU -- read once and referred to the Committee
          on Housing
        AN ACT to amend the administrative code of the city of New York and  the
          emergency  tenant protection act of nineteen seventy-four, in relation
          to the duration of renewal leases; and to repeal certain provisions of
          such laws relating to the increase in rent for such renewal leases
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Paragraph  4  of  subdivision  c of section 26-511 of the
     2  administrative code of the city of  New  York  is  amended  to  read  as
     3  follows:
     4    (4)  includes provisions requiring owners to grant a [one or two] one,
     5  two, three or four year vacancy or renewal lease at the  option  of  the
     6  tenant  except  where  a  mortgage or mortgage commitment existing as of
     7  April first, nineteen hundred sixty-nine, provides  that  the  mortgagor
     8  shall not grant a one year lease;
     9    §  2. Paragraph 5-a of subdivision c of section 26-511 of the adminis-
    10  trative code of the city of New York is REPEALED.
    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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08685-02-9

        A. 6567                             2
     1  tenancies and shall require owners to grant a new [one or two] one, two,
     2  three or four year vacancy or renewal lease at the option of the tenant,
     3  except where a mortgage or mortgage commitment existing as of the  local
     4  effective  date  of  this  act provides that the owner shall not grant a
     5  one-year lease; and shall prescribe standards with respect to the  terms
     6  and  conditions  of  new  and  renewal  leases, additional rent and such
     7  related matters as security deposits, advance rental payments,  the  use
     8  of escalator clauses in leases and provision for increase in rentals for
     9  garages  and  other ancillary facilities, so as to insure that the level
    10  of rent adjustments authorized under this law will not be subverted  and
    11  made  ineffective.  Any provision of the regulations permitting an owner
    12  to refuse to renew a lease on grounds that the owner  seeks  to  recover
    13  possession of the housing accommodation for his own use and occupancy or
    14  for  the use and occupancy of his immediate family shall require that an
    15  owner demonstrate immediate and compelling  need  and  shall  not  apply
    16  where a member of the housing accommodation is sixty-two years of age or
    17  older, has been a tenant in a housing accommodation in that building for
    18  twenty  years  or  more, or has an impairment which results from anatom-
    19  ical, physiological or psychological conditions, other than addiction to
    20  alcohol, gambling, or any controlled substance, which  are  demonstrable
    21  by  medically  acceptable clinical and laboratory diagnostic techniques,
    22  and which are expected to be permanent and which prevent the tenant from
    23  engaging in any substantial gainful employment.
    24    § 4. Subdivision (a-1) of section 10 of section 4 of  chapter  576  of
    25  the  laws  of  1974, constituting the emergency tenant protection act of
    26  nineteen seventy-four, is REPEALED.
    27    § 5. This act shall take effect immediately; provided,  however,  that
    28  the  amendments to section 26-511 of chapter 4 of title 26 of the admin-
    29  istrative code of the city of New York made by section one of  this  act
    30  shall  expire  on the same date as such law expires and shall not affect
    31  the expiration of such law as provided under section 26-520 of such law;
    32  and provided, further, that the amendments to section 10 of the emergen-
    33  cy tenant protection act of nineteen seventy-four made by section  three
    34  of  this act shall expire on the same date as such act expires and shall
    35  not affect the expiration of such act as provided in section 17 of chap-
    36  ter 576 of the laws of 1974, as amended.
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