Bill Text: NY A09622 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to allowing municipalities the right to enact commercial rent control measures.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-30 - reference changed to cities [A09622 Detail]

Download: New_York-2019-A09622-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9622

                   IN ASSEMBLY

                                    January 28, 2020
                                       ___________

        Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
          Committee on Local Governments

        AN ACT to amend the real property law, in relation to  allowing  munici-
          palities the right to enact commercial rent control measures

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 228 of the real property law, as amended by chapter
     2  312 of the laws of 1962, is amended to read as follows:
     3    § 228. Termination of tenancies at will or by sufferance,  by  notice.
     4  1.  A  tenancy  at will or by sufferance, however created, may be termi-
     5  nated by a written notice of not less than thirty days given  in  behalf
     6  of  the  landlord, to the tenant, requiring him to remove from the prem-
     7  ises; which notice must be served, either by delivering to the tenant or
     8  to a person of suitable age and discretion, residing upon the  premises,
     9  or  if neither the tenant nor such a person can be found, by affixing it
    10  upon a conspicuous part of the premises, where it  may  be  conveniently
    11  read. At the expiration of thirty days after the service of such notice,
    12  the  landlord may re-enter, maintain an action to recover possession, or
    13  proceed, in the manner prescribed by law, to remove the tenant,  without
    14  further or other notice to quit.
    15    2.  Nothing  contained  in  this  section shall be construed to amend,
    16  repeal, modify or affect any local law or ordinance, or any provision of
    17  the New York city charter or administrative code  of  the  city  of  New
    18  York,  or  to limit or restrict the power of any city to amend or modify
    19  any local law or ordinance, or to limit or restrict  the  power  of  the
    20  city  of  New  York to amend or modify any ordinance or provision of the
    21  New York city charter or administrative code of the city of New York, or
    22  to restrict or limit any power otherwise conferred by law.
    23    § 2. Section 229 of the real  property  law  is  amended  to  read  as
    24  follows:
    25    §  229. Liability of tenant holding over after giving notice of inten-
    26  tion to quit. 1. If a tenant gives notice of his intention to  quit  the
    27  premises held by him, and does not accordingly deliver up the possession
    28  thereof, at the time specified in such notice, he or his personal repre-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14891-01-0
        A. 9622                             2

     1  sentatives  must, so long as he continue in possession, pay to the land-
     2  lord, his heirs or assigns, double the rent which  he  should  otherwise
     3  have  paid, to be recovered at the same time, and in the same manner, as
     4  the single rent.
     5    2.  Nothing  contained  in  this  section shall be construed to amend,
     6  repeal, modify or affect any local law or ordinance, or any provision of
     7  the New York city charter or administrative code  of  the  city  of  New
     8  York,  or  to limit or restrict the power of any city to amend or modify
     9  any local law or ordinance, or to limit or restrict  the  power  of  the
    10  city  of  New  York to amend or modify any ordinance or provision of the
    11  New York city charter or administrative code of the city of New York, or
    12  to restrict or limit any power otherwise conferred by law.
    13    § 3. Section 232-a of the real property law, as amended by section  32
    14  of  part  Q  of  chapter  39  of the laws of 2019, is amended to read as
    15  follows:
    16    § 232-a. 1. Notice to terminate monthly tenancy or tenancy from  month
    17  to  month  in  the  city  of New York. No monthly tenant, or tenant from
    18  month to month, shall hereafter be removed from any lands  or  buildings
    19  in the city of New York on the grounds of holding over the tenant's term
    20  unless  pursuant  to  the  notice  period required by subdivision two of
    21  section two hundred twenty-six-c of this article, or for a tenancy other
    22  than a residential tenancy at least thirty days before the expiration of
    23  the term, the landlord or the landlord's agent serve upon the tenant, in
    24  the same manner in which a notice of petition in summary proceedings  is
    25  now  allowed to be served by law, a notice in writing to the effect that
    26  the landlord elects to terminate the tenancy and that unless the  tenant
    27  removes  from  such  premises  on  the day designated in the notice, the
    28  landlord will commence summary proceedings under the statute  to  remove
    29  such tenant therefrom.
    30    2.  Nothing  contained  in  this  section shall be construed to amend,
    31  repeal, modify or affect any local law or ordinance, or any provision of
    32  the New York city charter or administrative code  of  the  city  of  New
    33  York,  or  to limit or restrict the power of any city to amend or modify
    34  any local law or ordinance, or to limit or restrict  the  power  of  the
    35  city  of  New  York to amend or modify any ordinance or provision of the
    36  New York city charter or administrative code of the city of New York, or
    37  to restrict or limit any power otherwise conferred by law.
    38    § 4. Subdivision 5 of section 235-d of the real property law, as added
    39  by chapter 508 of the laws of 1978, is amended to read as follows:
    40    5. The powers and remedies set forth in this section shall be in addi-
    41  tion to all other powers and remedies in relation to harassment  includ-
    42  ing  the  award  of  damages. Nothing contained [herein] in this section
    43  shall be construed to amend, repeal, modify  or  affect  any  [existing]
    44  local law or ordinance, or any provision of the New York city charter or
    45  administrative code of the city of New York, or to limit or restrict the
    46  power  of  any city to amend or modify any local law or ordinance, or to
    47  limit or restrict the power of the city of New York to amend  or  modify
    48  any  [existing  local  law,] ordinance or provision of the New York city
    49  charter or administrative code of the city of New York, or  to  restrict
    50  or  limit  any power otherwise conferred by law [with respect to harass-
    51  ment].
    52    § 5. This act shall take effect immediately.