Bill Text: NY A07143 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits certain regulations of the state division of housing and community renewal, for cities having a population of less than one million and towns and villages, from permitting an owner to refuse to renew a lease on grounds that the housing accommodation is sought for personal use or occupancy (i.e. use or occupancy by the owner or the owner's immediate family); repeals provisions which permit evictions for personal use and occupancy.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced) 2024-01-03 - referred to housing [A07143 Detail]

Download: New_York-2023-A07143-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7143

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      May 11, 2023
                                       ___________

        Introduced  by  M.  of  A. SIMONE, GLICK, DINOWITZ, COLTON, GALLAGHER --
          Multi-Sponsored by -- M. of A. CARROLL -- read once  and  referred  to
          the Committee on Housing

        AN  ACT  to amend the emergency tenant protection act of nineteen seven-
          ty-four, in relation to protecting the home of a tenant  sought  by  a
          landlord  for  personal  use;  and repealing certain provisions of the
          administrative code of the city of New York and the emergency  housing
          rent control law relating to evictions for 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     2  administrative code of the city of New York is REPEALED.
     3    §  2.  Subparagraph  (b)  of  paragraph  9 of subdivision c of section
     4  26-511 of the administrative code of the city of New York is REPEALED.
     5    § 3. Paragraph (a) of subdivision 2 of section 5 of chapter 274 of the
     6  laws of 1946, constituting the emergency housing rent  control  law,  is
     7  REPEALED.
     8    §  4.  Subdivision  a of section 10 of section 4 of chapter 576 of the
     9  laws of 1974, constituting the emergency tenant protection act of  nine-
    10  teen  seventy-four,  as amended by section 15 of part Q of chapter 39 of
    11  the laws of 2019, is amended to read as follows:
    12    a. For cities having a population of less than one million  and  towns
    13  and  villages, the state division of housing and community renewal shall
    14  be empowered to implement this  act  by  appropriate  regulations.  Such
    15  regulations  may encompass such speculative or manipulative practices or
    16  renting or leasing practices as the state division of housing and commu-
    17  nity renewal determines constitute or are likely to cause  circumvention
    18  of  this act. Such regulations shall prohibit practices which are likely
    19  to prevent any person from asserting any right or remedy granted by this
    20  act, including but not limited to retaliatory  termination  of  periodic
    21  tenancies and shall require owners to grant a new one or two year vacan-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07941-01-3
        A. 7143                             2

     1  cy or renewal lease at the option of the tenant, except where a mortgage
     2  or  mortgage  commitment existing as of the local effective date of this
     3  act provides that the owner shall not grant a one-year lease; and  shall
     4  prescribe  standards with respect to the terms and conditions of new and
     5  renewal leases, additional rent and such  related  matters  as  security
     6  deposits, advance rental payments, the use of escalator clauses in leas-
     7  es and provision for increase in rentals for garages and other ancillary
     8  facilities,  so  as to ensure that the level of rent adjustments author-
     9  ized under this law will not be subverted and made ineffective. [Any] No
    10  provision of the regulations  [permitting]  shall  permit  an  owner  to
    11  refuse  to  renew  a  lease  on  grounds that the owner seeks to recover
    12  possession of a housing accommodation for his or her own use  and  occu-
    13  pancy or for the use and occupancy of his or her immediate family [shall
    14  permit recovery of only one housing accommodation, shall require that an
    15  owner  demonstrate  immediate  and  compelling need and that the housing
    16  accommodation will be the  proposed  occupants'  primary  residence  and
    17  shall not apply where a member of the housing accommodation is sixty-two
    18  years  of  age or older, has been a tenant in a housing accommodation in
    19  that building for fifteen years or more,  or  has  an  impairment  which
    20  results  from  anatomical,  physiological  or  psychological conditions,
    21  other than addiction to alcohol, gambling, or any controlled  substance,
    22  which  are  demonstrable by medically acceptable clinical and laboratory
    23  diagnostic techniques, and which are expected to be permanent and  which
    24  prevent  the tenant from engaging in any substantial gainful employment;
    25  provided, however, that a tenant required to surrender a housing  accom-
    26  modation  under  this  subdivision  shall  have a cause of action in any
    27  court of competent jurisdiction for damages, declaratory, and injunctive
    28  relief against a landlord or purchaser of the premises who makes a frau-
    29  dulent statement regarding a proposed use of the housing  accommodation.
    30  In  any  action  or  proceeding  brought  pursuant to this subdivision a
    31  prevailing tenant shall be entitled to recovery of actual  damages,  and
    32  reasonable attorneys' fees].
    33    §  5.   Severability. If any provision of this act, or any application
    34  of any provision of this act, is held to  be  invalid,  that  shall  not
    35  affect the validity or effectiveness of any other provision of this act,
    36  any  other  application  of  any  provision  of  this  act, or any other
    37  provision of any law or code amended by this act.
    38    § 6. This act shall take effect immediately; and
    39    a. shall apply to any tenant in possession of a housing  accommodation
    40  at  or  after  the effective date of this act, regardless of whether the
    41  landlord's or owner's application for  an  order,  refusal  to  renew  a
    42  lease,  or  refusal  to extend or renew a tenancy took place before this
    43  act shall have taken effect; and
    44    b. the repeal of provisions of law made by this act shall  not  affect
    45  the availability of any right or remedy relating to any housing accommo-
    46  dation  where  the  landlord  or  owner  recovered possession under such
    47  provision prior to the taking effect of this act.
          REPEAL NOTE.--The provisions of law proposed to be  repealed  by  this
        act  allow  a landlord of a rent controlled or rent stabilized apartment
        to evict a tenant where the landlord seeks the apartment for the use and
        occupancy of the landlord or the landlord's immediate family.