Senate Bill S5152

                                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.