senate Bill S5152

2011-2012 Legislative Session

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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Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 05, 2012 referred to housing
delivered to assembly
passed senate
May 02, 2012 advanced to third reading
May 01, 2012 2nd report cal.
Apr 30, 2012 1st report cal.603
Jan 04, 2012 referred to housing, construction and community development
May 03, 2011 referred to housing, construction and community development

Votes

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Apr 30, 2012 - Housing, Construction and Community Development committee Vote

S5152
5
3
committee
5
Aye
3
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Housing, Construction and Community Development committee vote details

Housing, Construction and Community Development Committee Vote: Apr 30, 2012

S5152 - Details

Current Committee:
Law Section:
New York City Administrative Code
Laws Affected:
Amd ยง26-408, NYC Ad Cd

S5152 - 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.

S5152 - Sponsor Memo

S5152 - Bill Text download pdf

                    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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