S T A T E O F N E W Y O R K
________________________________________________________________________
7768
2009-2010 Regular Sessions
I N A S S E M B L Y
April 23, 2009
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Introduced by M. of A. V. LOPEZ, DINOWITZ, ESPAILLAT, AUBRY, CLARK,
KAVANAGH -- Multi-Sponsored by -- M. of A. COLTON, COOK, GLICK,
GREENE, MAYERSOHN, PHEFFER, WEISENBERG, WRIGHT -- read once and
referred to the Committee on Housing
AN ACT to amend the administrative code of the city of New York, in
relation to an owner's right to recover an apartment for personal use
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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 he or she seeks IN GOOD FAITH to recover possession of one
or more dwelling units BECAUSE OF IMMEDIATE AND COMPELLING NECESSITY for
his or her own personal use and occupancy as his or her primary resi-
dence 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 condi-
tions, 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, HAS RESIDED IN A DWELLING UNIT IN THE BUILDING FOR TWENTY OR
MORE YEARS, unless such owner offers to provide and if requested,
provides an equivalent or superior housing accommodation at the same or
lower stabilized rent in a closely proximate area. The provisions of
this subparagraph shall only permit one of the individual owners of any
building 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08423-01-9
A. 7768 2
dwelling unit recovered by an owner pursuant to this subparagraph shall
not for a period of three years be rented, leased, subleased or assigned
to any person other than a person for whose benefit recovery of the
dwelling unit is permitted pursuant to this subparagraph 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 dwelling 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 2. 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 refusal to renew a lease or refusal to extend or
renew a tenancy took place before this act shall have taken effect. The
amendment to section 26-511 of the rent stabilization law of nineteen
hundred sixty-nine made by section one 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.