senate Bill S5152

Authorizes the owner of a rent regulated housing accommodation to evict a tenant, who is not 62 or older or disabled, for such owner's personal use

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 03 / May / 2011
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 04 / Jan / 2012
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 30 / Apr / 2012
    • 1ST REPORT CAL.603
  • 01 / May / 2012
    • 2ND REPORT CAL.
  • 02 / May / 2012
    • ADVANCED TO THIRD READING
  • 05 / Jun / 2012
    • PASSED SENATE
  • 05 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 05 / Jun / 2012
    • REFERRED TO HOUSING

Summary

Authorizes the owner of a rent regulated housing accommodation to evict a tenant, who is not 62 or older or disabled, for such owner's personal use and occupancy of the housing accommodation without an immediate and compelling necessity for such occupancy.

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Bill Details

Versions:
S5152
Legislative Cycle:
2011-2012
Current Committee:
Law Section:
New York City Administrative Code
Laws Affected:
Amd ยง26-408, NYC Ad Cd

Sponsor Memo

BILL NUMBER:S5152

TITLE OF BILL:
An act
to amend the administrative code of the city of New York, in relation to
possession of a housing accommodation subject to the city rent and
rehabilitation law by an owner for personal use and occupancy

PURPOSE:
This bill amends the rent control laws to address the situation where
property owners seek to obtain possession of apartments occupied by
rent controlled tenants. The bill deletes the requirement that an
owner prove an "immediate and compelling necessity" prior to taking
occupancy of an apartment occupied by a rent controlled tenant. The
bill also deletes the provision of existing law which prohibits an
owner from taking occupancy of a rent controlled apartment where the
tenant was residing in the apartment form more than twenty years.

SUMMARY OF PROVISIONS:
This bill makes the owner occupancy provisions of the rent control law
more similar to the requirements that are contained in the rent
stabilization law. Under both the rent control and rent stabilization
laws, an owner is authorized to take occupancy of an apartment
occupied by a rent regulated tenant where the owner intends to use
the apartment for themselves or for their immediate family. Unlike
the rent stabilization law, however, the rent control law imposes
additional, burdensome requirements. First, the owner must establish
an "immediate and compelling necessity," for taking possession of the
apartment, a virtually insurmountable standard and one which is far
more difficult to meet than the standard that exists under rent
stabilization. The rent controlled standard imposes an unreasonable
obstacle to an owner's ability to use their own property for their
own purposes.

JUSTIFICATION:
This bill makes the owner occupancy provisions of the rent control law
more similar to the requirements that are contained in the rent
stabilization law. Under both the rent control and rent stabilization
laws, an owner is authorized to take occupancy of an apartment
occupied by a rent regulated tenant where the owner intends to use
the apartment for themselves or for their immediate family. Unlike
the rent stabilization law, however, the rent control law imposes
additional, burdensome requirements. First, the owner must establish
an "immediate and compelling necessity," for taking possession of the
apartment, a virtually insurmountable standard and one which is far
more difficult to meet than the standard that exists under rent
stabilization. The rent controlled standard imposes an unreasonable
obstacle to an owner's ability to use their own property for their
own purposes.

Second, also unlike the rent stabilization law, an owner is prohibited
from taking occupancy of a rent controlled apartment where the tenant
has been in occupancy for twenty or more years. Rent controlled
tenants who are 62 years of age or older or who suffer from anyone of
a number of disabilities have been and would continue to be protected
under the rent control law. However, there is no sound public policy


justification for protecting other rent controlled tenants merely
because they happen to live in their apartments for a particular
length of time.

This bill is consistent with the requirements contained in the rent
stabilization law, removes unreasonable obstacles for property
owners who seek to use their own property for themselves or their
immediate family, and continues the protections afforded under
existing law to tenants who are 62 years of age or older or who are
disabled.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately, with provisions.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5152

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Housing, Construction  and
  Community Development

AN  ACT  to  amend  the  administrative code of the city of New York, in
  relation to possession of a housing accommodation subject to the  city
  rent and rehabilitation law by an owner for personal use and occupancy

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph 1 of subdivision  b  of  section  26-408  of  the
administrative  code  of  the  city  of  New  York is amended to read as
follows:
  (1) The landlord seeks in good faith to recover possession of a  hous-
ing  accommodation  [because  of immediate and compelling necessity] for
his or her own personal use and occupancy or for the use  and  occupancy
of  his or her immediate family provided, however, that this subdivision
shall not apply where a member of the household lawfully  occupying  the
housing  accommodation  is  sixty-two years of age or older[, has been a
tenant in a housing accommodation in that building for twenty  years  or
more,] or has an impairment which results from anatomical, physiological
or  psychological conditions, other than addiction to alcohol, gambling,
or any controlled substance, which are demonstrable by medically accept-
able clinical  and  laboratory  diagnostic  techniques,  and  which  are
expected  to  be permanent and which prevent the tenant from engaging in
any substantial gainful employment; or
  S 2. This act shall take effect immediately; provided that the  amend-
ments  to section 26-408 of the city rent and rehabilitation law made by
section one of this act shall remain in full force and  effect  only  as
long  as  the  public  emergency requiring the regulation and control of
residential rents and evictions continues, as provided in subdivision  3
of section 1 of the local emergency housing rent control act.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11266-01-1

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