Senate Bill S8055A

2009-2010 Legislative Session

Relates to recovery of certain housing accommodations by a landlord

download bill text pdf

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 08, 2010	print number 8055a
Jun 08, 2010	amend and recommit to housing, construction and community development
Jun 03, 2010	referred to housing, construction and community development

Bill Amendments

2009-S8055 - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: New York City Administrative Code
Laws Affected:: Amd §§26-408 & 26-511, NYC Ad Cd; amd §10, Emerg Ten Prot Act of 1974; amd §5, Emerg Hous Rent Cont L

2009-S8055 - Summary

Relates to recovery of certain housing accommodations by a landlord.

2009-S8055 - Sponsor Memo

                                BILL NUMBER:S8055

TITLE OF BILL:
An act to amend the administrative code of the city of New York, the
emergency tenant protection act of nineteen seventy-four and the emer-
gency housing rent control law, in relation to recovery of certain hous-
ing accommodations by a landlord

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of the bill is to limit a landlord's ability to take
possession of units for their own personal use.

SUMMARY OF SPECIFIC PROVISIONS:
This bill would limit a landlord's ability to take possession of units
in buildings with thirteen or more units for their own primary residence
to cases of immediate and compelling necessity and restrict such ability
if the landlord is a corporate entity.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:

This bill would amend paragraph 1 of subdivision b of section 26-408 of
the administrative code of the city of New York; subparagraph (b) of
paragraph 9 of subdivision c of section 26-511 of the administrative
code of the city of New York; subdivision a of section 10 of section 4
of chapter 576 of the laws of 1974, constituting the emergency tenant
protection act of nineteen seventy-four; and paragraph (a) of subdivi-

sion 2 of section 5 of chapter 274 of the laws of 1946, constituting the
emergency housing rent control law.

JUSTIFICATION:

Current law provides for two different standards of proof when an indi-
vidual landlord seeks to recover a unit for his or her personal use. In
buildings that are rent controlled, a landlord has to show there is an
immediate and compelling need requiring the recovery of the unit. If a
unit is rent stabilized, the burden of proof allowing for recovery is a
showing of a good faith need. This bill would maintain that an individ-
ual landlord must show a good faith basis that the unit is going to be
used for his or her personal use in a building with twelve or less
units. However, this bill would also impose higher burden of an immedi-
ate and compelling need on a landlord seeking to recover a unit in a
building with thirteen or more ensures more stringent protections for
tenants living in rent-regulated apartments.  Therefore, this bill
ensures protections for both small building owners and tenants residing
in rent regulated buildings by reinforcing the meaning of "personal use"
for a landlord to be for his or her and/or their family's immediate
possession.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately and shall apply to any tenant in
possession at or after the time it takes effect, regardless of whether
the landlord's application for an order, refusal to renew a lease or
refusal to extend or renew a tenancy took place before this act shall
have taken effect.

2009-S8055 - Bill Text download pdf

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

                                  8055

                            I N  S E N A T E

                              June 3, 2010
                               ___________

Introduced  by  Sen.  ESPADA -- 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, the
  emergency tenant protection act of nineteen seventy-four and the emer-
  gency housing rent control law, in relation  to  recovery  of  certain
  housing accommodations by a landlord

  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 AS HIS OR HER PRIMARY RESIDENCE or
for the use and occupancy of his or her immediate family AS THEIR PRIMA-
RY RESIDENCE provided, however, that this subdivision  shall  not  apply
where  a member of the household lawfully occupying the housing accommo-
dation is sixty-two years of age or older, has been a tenant in a  hous-
ing  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 acceptable  clinical  and
laboratory diagnostic techniques, and which are expected to be permanent
and  which  prevent  the tenant from engaging in any substantial gainful
employment. ONLY ONE OF THE INDIVIDUAL OWNERS OF ANY  BUILDING,  WHETHER
SUCH  OWNERSHIP  IS  BY JOINT TENANCY, TENANCY IN COMMON, TENANCY BY THE
ENTIRETY OR PARTNERSHIP BUT  NOT  INCLUDING  A  CORPORATION,  A  LIMITED
LIABILITY PARTNERSHIP OR A LIMITED LIABILITY COMPANY, SHALL BE PERMITTED
TO  RECOVER  POSSESSION  OF  ONE  OR MORE DWELLING UNITS FOR THE USE AND
OCCUPANCY OF A MEMBER OF HIS OR HER  IMMEDIATE  FAMILY  AS  HIS  OR  HER
PRIMARY RESIDENCE; or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD17613-01-0

S. 8055                             2

  S  2.  Subparagraph  (b)  of  paragraph  9 of subdivision c of section
26-511 of the administrative code of the city of New York is amended  to
read as follows:
  (b)  where  THE  BUILDING CONTAINS EITHER (I) TWELVE OR FEWER DWELLING
UNITS AND he or she seeks IN GOOD FAITH to recover possession of one  or
more dwelling units, OR (II) THIRTEEN OR MORE DWELLING UNITS AND BECAUSE
OF  IMMEDIATE  AND COMPELLING NECESSITY HE OR SHE SEEKS IN GOOD FAITH TO
RECOVER ONE OR MORE UNITS for his or her own personal use and  occupancy
as  his or her primary residence [in the city of New York and/or] OR for
the use and occupancy of a member of his or her immediate family as  his
or  her  primary  residence [in the city of New York], provided however,
that this subparagraph shall not apply where a tenant or the spouse of a
tenant lawfully occupying the dwelling unit is sixty-two years of age or
older, 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, unless such owner offers to provide
and if requested, provides an equivalent or  superior  housing  accommo-
dation at the same or lower stabilized rent in a closely proximate area.
The  provisions  of this subparagraph shall only permit one of the indi-
vidual owners of any building, WHETHER SUCH OWNERSHIP IS BY JOINT TENAN-
CY, TENANCY IN COMMON, TENANCY BY THE ENTIRETY OR  PARTNERSHIP  BUT  NOT
INCLUDING  A  CORPORATION,  A LIMITED LIABILITY PARTNERSHIP OR A LIMITED
LIABILITY COMPANY, to recover possession of one or more  dwelling  units
for  his or her own personal use and/or for that of his or her immediate
family. Any dwelling unit recovered by an owner pursuant to this subpar-
agraph shall not  for  a  period  of  three  years  be  rented,  leased,
subleased  or assigned to any person other than a person for whose bene-
fit recovery of the dwelling unit is permitted pursuant to this subpara-
graph or to the tenant in occupancy at the time of  recovery  under  the
same  terms as the original lease. This subparagraph shall not be deemed
to establish or eliminate any claim that the former tenant of the dwell-
ing unit may otherwise have against the owner. Any such  rental,  lease,
sublease  or  assignment  during  such period to any other person may be
subject to a penalty of a forfeiture of the right to  any  increases  in
residential rents in such building for a period of three years; or
  S  3.  Subdivision  a of section 10 of section 4 of chapter 576 of the
laws of 1974, constituting the emergency tenant protection act of  nine-
teen  seventy-four,  as  amended  by chapter 234 of the laws of 1984, is
amended to read as follows:
  a. For cities having a population of less than one million  and  towns
and  villages, the state division of housing and community renewal shall
be empowered to implement this  act  by  appropriate  regulations.  Such
regulations  may encompass such speculative or manipulative practices or
renting or leasing practices as the state division of housing and commu-
nity renewal determines constitute or are likely to cause  circumvention
of  this act. Such regulations shall prohibit practices which are likely
to prevent any person from asserting any right or remedy granted by this
act, including but not limited to retaliatory  termination  of  periodic
tenancies and shall require owners to grant a new one or two year vacan-
cy or renewal lease at the option of the tenant, except where a mortgage
or  mortgage  commitment existing as of the local effective date of this
act provides that the owner shall not grant a one-year lease; and  shall
prescribe  standards with respect to the terms and conditions of new and

S. 8055                             3

renewal leases, additional rent and such  related  matters  as  security
deposits, advance rental payments, the use of escalator clauses in leas-
es and provision for increase in rentals for garages and other ancillary
facilities,  so  as to insure that the level of rent adjustments author-
ized under this law will not be  subverted  and  made  ineffective.  Any
provision  of  the  regulations permitting an owner to refuse to renew a
lease on grounds that the owner seeks to recover possession of the hous-
ing accommodation for his OR HER own use and occupancy or  for  the  use
and occupancy of his OR HER immediate family shall require that an owner
demonstrate  immediate and compelling need AND THAT THE HOUSING ACCOMMO-
DATION WILL BE THE PROPOSED OCCUPANTS' PRIMARY RESIDENCE and  shall  not
apply  where a member of 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 acceptable clinical and laboratory  diagnostic
techniques, and which are expected to be permanent and which prevent the
tenant from engaging in any substantial gainful employment.  ONLY ONE OF
THE  INDIVIDUAL  OWNERS  OF  ANY  BUILDING, WHETHER SUCH OWNERSHIP IS BY
JOINT TENANCY, TENANCY IN COMMON, TENANCY BY THE ENTIRETY OR PARTNERSHIP
BUT NOT INCLUDING A CORPORATION,  LIMITED  LIABILITY  PARTNERSHIP  OR  A
LIMITED  LIABILITY  COMPANY, SHALL BE PERMITTED TO RECOVER POSSESSION OF
ONE OR MORE DWELLING UNITS FOR THE USE AND OCCUPANCY OF A MEMBER OF  HIS
OR HER IMMEDIATE FAMILY AS HIS OR HER PRIMARY RESIDENCE.
  S 4. Paragraph (a) of subdivision 2 of section 5 of chapter 274 of the
laws  of  1946,  constituting the emergency housing rent control law, as
amended by chapter 234 of the laws  of  1984,  is  amended  to  read  as
follows:
  (a)  the landlord seeks in good faith to recover possession of A hous-
ing [accommodations] ACCOMMODATION because of immediate  and  compelling
necessity  for  his  OR HER own personal use and occupancy AS HIS OR HER
PRIMARY RESIDENCE or for the use and occupancy of his OR  HER  immediate
family  AS  THEIR PRIMARY RESIDENCE; provided, however, 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. ONLY ONE OF THE INDIVIDUAL OWNERS OF
ANY  BUILDING,  WHETHER  SUCH  OWNERSHIP IS BY JOINT TENANCY, TENANCY IN
COMMON, TENANCY BY THE ENTIRETY  OR  PARTNERSHIP  BUT  NOT  INCLUDING  A
CORPORATION, LIMITED LIABILITY PARTNERSHIP OR A LIMITED LIABILITY COMPA-
NY,  SHALL  BE  PERMITTED  TO RECOVER POSSESSION OF ONE OR MORE DWELLING
UNITS FOR THE USE AND OCCUPANCY OF A MEMBER  OF  HIS  OR  HER  IMMEDIATE
FAMILY AS HIS OR HER PRIMARY RESIDENCE; or
  S  5.  This  act  shall take effect immediately and shall apply to any
tenant in possession at or after the time this act takes effect, regard-
less of whether the landlord's application  for  an  order,  refusal  to
renew  a lease or refusal to extend or renew a tenancy took place before
this act takes effect, provided that:
  a. the amendments to section 26-408 of the  city  rent  and  rehabili-
tation  law  made  by section one of this act shall remain in full force

S. 8055                             4

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;
  b.  the  amendments to section 26-511 of the rent stabilization law of
nineteen hundred sixty-nine made by section two of this act shall expire
on the same date as such law expires and shall not affect the expiration
of such law as provided under section 26-520 of such law;
  c. the amendments to subdivision a of section 10 of section 4  of  the
emergency tenant protection act of nineteen seventy-four made by section
three  of this act shall expire on the same date as such act expires and
shall not affect the expiration of such act as provided in section 17 of
chapter 576 of the laws of 1974; and
  d. the amendments to paragraph (a) of subdivision 2 of  section  5  of
the  emergency housing rent control law made by section four of this act
shall expire on the same date as such law expires and shall  not  affect
the  expiration of such law as provided in subdivision 2 of section 1 of
chapter 274 of the laws of 1946.

2009-S8055A (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: New York City Administrative Code
Laws Affected:: Amd §§26-408 & 26-511, NYC Ad Cd; amd §10, Emerg Ten Prot Act of 1974; amd §5, Emerg Hous Rent Cont L

2009-S8055A (ACTIVE) - Summary

Relates to recovery of certain housing accommodations by a landlord.

2009-S8055A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S8055A

TITLE OF BILL:

An act to amend the administrative code of the city of New York, the
emergency tenant protection act of nineteen seventy-four and the emer-
gency housing rent control law, in relation to recovery of certain hous-
ing accommodations by a landlord

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of the bill is to limit a landlord's ability to take
possession of units for their own personal use.

SUMMARY OF SPECIFIC PROVISIONS:

This bill would limit a landlord's ability to take possession of units
in buildings with thirteen or more units for their own primary residence
to cases of immediate and compelling necessity and restrict such ability
if the landlord is a corporate entity.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:

This bill would amend paragraph 1 of subdivision b of section 26-408 of
the administrative code of the city of New York; subparagraph (b) of
paragraph 9 of subdivision c of section 26-511 of the administrative

code of the city of New York; subdivision a of section 10 of section 4
of chapter 576 of the laws of 1974, constituting the emergency tenant
protection act of nineteen seventy-four; and paragraph (a) of subdivi-
sion 2 of section 5 of chapter 274 of the laws of 1946, constituting the
emergency housing rent control law.

JUSTIFICATION:

Current law allows building owners to evict tenants in rent stabilized
apartments based upon a good faith showing that the unit will be used
for his or her personal use. As stated in a recent Court of Appeals
decision, this standard is applied uniformly to rent stabilized units
throughout New York City, regardless of how many units a building may
have. As a result of that Court of Appeals decision, the Legislature
finds a need to impose a higher standard of proof for an owner to
recover rent stabilized units in larger buildings for his or her
personal use.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately and shall apply to any tenant in
possession at or after the time it takes effect, regardless of whether
the landlord's application for an order, refusal to renew a lease or
refusal to extend or renew a tenancy took place before this act shall
have taken effect.

2009-S8055A (ACTIVE) - Bill Text download pdf

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

                                 8055--A

                            I N  S E N A T E

                              June 3, 2010
                               ___________

Introduced  by  Sen.  ESPADA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Housing, Construction  and
  Community  Development  -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the administrative code of the city  of  New  York,  the
  emergency tenant protection act of nineteen seventy-four and the emer-
  gency  housing  rent  control  law, in relation to recovery of certain
  housing accommodations by a landlord

  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 AS HIS OR HER PRIMARY RESIDENCE or
for the use and occupancy of his or her immediate family AS THEIR PRIMA-
RY  RESIDENCE  provided,  however, that this subdivision shall not apply
where a member of the household lawfully occupying the housing  accommo-
dation  is sixty-two years of age or older, has been a tenant in a hous-
ing 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 acceptable 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.  Subparagraph  (b)  of  paragraph  9 of subdivision c of section
26-511 of the administrative code of the city of New York is amended  to
read as follows:
  (b)  where  THE  BUILDING CONTAINS EITHER (I) TWELVE OR FEWER DWELLING
UNITS AND he or she seeks IN GOOD FAITH to recover possession of one  or
more dwelling units, OR (II) THIRTEEN OR MORE DWELLING UNITS AND BECAUSE
OF  IMMEDIATE  AND COMPELLING NECESSITY HE OR SHE SEEKS IN GOOD FAITH TO

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

                                                           LBD17613-02-0

S. 8055--A                          2

RECOVER ONE OR MORE UNITS for his or her own personal use and  occupancy
as  his  or her primary residence in the city of New York and/or for the
use and occupancy of a member of his or her immediate family as  his  or
her  primary  residence  in the city of New York, provided however, that
this subparagraph shall not apply where a tenant  or  the  spouse  of  a
tenant lawfully occupying the dwelling unit is sixty-two years of age or
older, 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, unless such owner offers to  provide
and  if  requested,  provides an equivalent or superior housing accommo-
dation at the same or lower stabilized rent in a closely proximate area.
The provisions of this subparagraph shall only permit one of  the  indi-
vidual owners of any building, WHETHER SUCH OWNERSHIP IS BY JOINT TENAN-
CY,  TENANCY  IN  COMMON, TENANCY BY THE ENTIRETY OR PARTNERSHIP BUT NOT
INCLUDING A CORPORATION, A LIMITED LIABILITY PARTNERSHIP  OR  A  LIMITED
LIABILITY  COMPANY,  to recover possession of one or more dwelling units
for his or her own personal use and/or for that of his or her  immediate
family. Any dwelling unit recovered by an owner pursuant to this subpar-
agraph  shall  not  for  a  period  of  three  years  be rented, leased,
subleased or assigned to any person other than a person for whose  bene-
fit recovery of the dwelling unit is permitted pursuant to this subpara-
graph  or  to  the tenant in occupancy at the time of recovery under the
same terms as the original lease. This subparagraph shall not be  deemed
to establish or eliminate any claim that the former tenant of the dwell-
ing  unit  may otherwise have against the owner. Any such rental, lease,
sublease or assignment during such period to any  other  person  may  be
subject  to  a  penalty of a forfeiture of the right to any increases in
residential rents in such building for a period of three years; or
  S 3. Subdivision a of section 10 of section 4 of chapter  576  of  the
laws  of 1974, constituting the emergency tenant protection act of nine-
teen seventy-four, as amended by chapter 234 of the  laws  of  1984,  is
amended to read as follows:
  a.  For  cities having a population of less than one million and towns
and villages, the state division of housing and community renewal  shall
be  empowered  to  implement  this  act by appropriate regulations. Such
regulations may encompass such speculative or manipulative practices  or
renting or leasing practices as the state division of housing and commu-
nity  renewal determines constitute or are likely to cause circumvention
of this act. Such regulations shall prohibit practices which are  likely
to prevent any person from asserting any right or remedy granted by this
act,  including  but  not limited to retaliatory termination of periodic
tenancies and shall require owners to grant a new one or two year vacan-
cy or renewal lease at the option of the tenant, except where a mortgage
or mortgage commitment existing as of the local effective date  of  this
act  provides that the owner shall not grant a one-year lease; and shall
prescribe standards with respect to the terms and conditions of new  and
renewal  leases,  additional  rent  and such related matters as security
deposits, advance rental payments, the use of escalator clauses in leas-
es and provision for increase in rentals for garages and other ancillary
facilities, so as to insure that the level of rent  adjustments  author-
ized  under  this  law  will  not be subverted and made ineffective. Any
provision of the regulations permitting an owner to refuse  to  renew  a
lease on grounds that the owner seeks to recover possession of the hous-

S. 8055--A                          3

ing  accommodation  for  his OR HER own use and occupancy or for the use
and occupancy of his OR HER immediate family shall require that an owner
demonstrate immediate and compelling need AND THAT THE HOUSING  ACCOMMO-
DATION  WILL  BE THE PROPOSED OCCUPANTS' PRIMARY RESIDENCE and shall not
apply where a member of 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 acceptable clinical and laboratory diagnostic
techniques, and which are expected to be permanent and which prevent the
tenant from engaging in any substantial gainful employment.
  S 4. Paragraph (a) of subdivision 2 of section 5 of chapter 274 of the
laws of 1946, constituting the emergency housing rent  control  law,  as
amended  by  chapter  234  of  the  laws  of 1984, is amended to read as
follows:
  (a) the landlord seeks in good faith to recover possession of  housing
accommodations  because of immediate and compelling necessity for his OR
HER own personal use and occupancy AS HIS OR HER  PRIMARY  RESIDENCE  or
for the use and occupancy of his OR HER immediate family AS THEIR PRIMA-
RY  RESIDENCE; provided, however, 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 acceptable 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  5.  This  act  shall take effect immediately and shall apply to any
tenant in possession at or after the time this act takes effect, regard-
less of whether the landlord's application  for  an  order,  refusal  to
renew  a lease or refusal to extend or renew a tenancy took place before
this act takes effect, provided that:
  a. the amendments to section 26-408 of the  city  rent  and  rehabili-
tation  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;
  b.  the  amendments to section 26-511 of the rent stabilization law of
nineteen hundred sixty-nine made by section two of this act shall expire
on the same date as such law expires and shall not affect the expiration
of such law as provided under section 26-520 of such law;
  c. the amendments to subdivision a of section 10 of section 4  of  the
emergency tenant protection act of nineteen seventy-four made by section
three  of this act shall expire on the same date as such act expires and
shall not affect the expiration of such act as provided in section 17 of
chapter 576 of the laws of 1974; and
  d. the amendments to paragraph (a) of subdivision 2 of  section  5  of
the  emergency housing rent control law made by section four of this act
shall expire on the same date as such law expires and shall  not  affect
the  expiration of such law as provided in subdivision 2 of section 1 of
chapter 274 of the laws of 1946.

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Senate Bill S8055A

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Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

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Bill Amendments

2009-S8055 - Details

2009-S8055 - Summary

2009-S8055 - Sponsor Memo

2009-S8055 - Bill Text download pdf

2009-S8055A (ACTIVE) - Details

2009-S8055A (ACTIVE) - Summary

2009-S8055A (ACTIVE) - Sponsor Memo

2009-S8055A (ACTIVE) - Bill Text download pdf

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Senate Bill S8055A

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Sponsored By

Pedro Espada Jr.

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

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Bill Amendments

2009-S8055 - Details

2009-S8055 - Summary

2009-S8055 - Sponsor Memo

2009-S8055 - Bill Text download pdf

2009-S8055A (ACTIVE) - Details

2009-S8055A (ACTIVE) - Summary

2009-S8055A (ACTIVE) - Sponsor Memo

2009-S8055A (ACTIVE) - Bill Text download pdf

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