STATE OF NEW YORK
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7341
2017-2018 Regular Sessions
IN ASSEMBLY
April 24, 2017
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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 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. 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.
LBD11135-01-7
A. 7341 2
1 diate family[; provided, however, this subdivision shall not apply where
2 a member of the household lawfully occupying the housing accommodation
3 is sixty-two years of age or older, has been a tenant in a housing
4 accommodation in that building for twenty years or more, or has an
5 impairment which results from anatomical, physiological or psychological
6 conditions, other than addiction to alcohol, gambling, or any controlled
7 substance, which are demonstrable by medically acceptable clinical and
8 laboratory diagnostic techniques, and which are expected to be permanent
9 and which prevent the tenant from engaging in any substantial gainful
10 employment]; 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. [Any
34 provision of the regulations permitting an owner to refuse to renew a
35 lease on grounds that the owner seeks to recover possession of the hous-
36 ing accommodation for his own use and occupancy or for the use and occu-
37 pancy of his immediate family shall require that an owner demonstrate
38 immediate and compelling need and shall not apply where a member of the
39 housing accommodation is sixty-two years of age or older, has been a
40 tenant in a housing accommodation in that building for twenty years or
41 more, or has an impairment which results from anatomical, physiological
42 or psychological conditions, other than addiction to alcohol, gambling,
43 or any controlled substance, which are demonstrable by medically accept-
44 able clinical and laboratory diagnostic techniques, and which are
45 expected to be permanent and which prevent the tenant from engaging in
46 any 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. The
A. 7341 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.