senate Bill S81

2011-2012 Legislative Session

Relates to recovery of certain housing accommodations by a landlord

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to housing, construction and community development
Apr 05, 2011 notice of committee consideration - requested
Jan 05, 2011 referred to housing, construction and community development

Co-Sponsors

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S81 - Bill Details

See Assembly Version of this Bill:
A3033
Current Committee:
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
Versions Introduced in 2009-2010 Legislative Session:
S2642A, A1685A

S81 - Bill Texts

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Relates to recovery of certain housing accommodations by a landlord; limits a landlord's ability to take possession of units for their own primary residence, permit recovery of only one unit, and restrict such ability if the tenant has occupied the apartment for twenty or more years.

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BILL NUMBER:S81

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 emergency housing
rent control law, in relation to recovery of certain housing
accommodations by a landlord

PURPOSE:

The purpose of the bill is to expand tenant protections by limiting 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
for their own primary residence to cases of immediate and compelling
necessity, permit recovery of only one unit, and restrict such
ability if the tenant has occupied the apartment for twenty or more
years.

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

JUSTIFICATION:

There continues to be an ongoing housing emergency in many areas of
New York State, and especially in New York City. According to the
Rent Guidelines Board report "Housing NYC: Rents, Markets and Trends
2000", while New York City experienced a net gain of total units from
1996-1999, the number of rental units declined. In fact, the report
states that vacant available rentals fell by almost 17,000 units, or
20.7%, over the last three years, lowering the vacancy rate from
4.01% in 1996 to 3.19% in 1999. Clarifying when landlords can take
units for their own personal use will help keep units in the rent
regulation
system and thus preserve these units in the affordable housing stock.

LEGISLATIVE HISTORY:

A.10847 of the 2003/04 Session
A.3774 of the 2005/06 Session
A.799 of the 2007/08 Session
S.2642A/A.1685-A(passed Assembly) of the 2009/10 Session


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.

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

                                   81

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens. SQUADRON, ADAMS, DUANE, HASSELL-THOMPSON, HUNTLEY,
  KRUEGER, PARKER, PERKINS, SERRANO, STAVISKY, STEWART-COUSINS  --  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 PERMIT
RECOVERY OF ONLY ONE HOUSING ACCOMMODATION AND 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 accommo-
dation in that building for twenty years or more, 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; or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00443-01-1

S. 81                               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  he  or  she  seeks  to recover possession of one [or more]
dwelling [units] UNIT 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] 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 PERMIT RECOVERY OF ONLY ONE DWELLING  UNIT  AND  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, HAS BEEN A TENANT IN A DWELLING
UNIT  IN  THAT  BUILDING  FOR TWENTY YEARS OR MORE, 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, 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]  UNIT
for  his or her own personal use and/or for that of his or her immediate
family. [Any] A 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  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

S. 81                               3

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] A
housing accommodation for his OR HER own use and occupancy  or  for  the
use  and  occupancy of his OR HER immediate family shall PERMIT RECOVERY
OF ONLY ONE HOUSING ACCOMMODATION, SHALL require that  an  owner  demon-
strate  immediate and compelling need AND THAT THE HOUSING ACCOMMODATION
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 anatom-
ical, 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 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  PERMIT  RECOVERY  OF ONLY ONE HOUSING ACCOMMODATION AND 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 psycholog-
ical 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  substan-
tial gainful employment; or
  S  5.  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, 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

S. 81                               4

  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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