S T A T E O F N E W Y O R K
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2572
2011-2012 Regular Sessions
I N A S S E M B L Y
January 19, 2011
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Introduced by M. of A. FITZPATRICK -- read once and referred to the
Committee on Housing
AN ACT to amend the administrative code of the city of New York, the
emergency housing rent control law and the emergency tenant protection
act of nineteen seventy-four, in relation to the eviction of tenants
on grounds of landlord's personal use
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. 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
own personal use and occupancy or for the use and occupancy of his imme-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02711-01-1
A. 2572 2
diate family[; 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 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-
ing accommodation for his own use and occupancy or for the use and occu-
pancy of his immediate family shall require that an owner demonstrate
immediate and compelling need 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 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.]
S 4. This act shall take effect immediately; provided that the amend-
ment 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. The amend-
ment to section 5 of the emergency housing rent control law, 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 in
subdivision 2 of section 1 of chapter 274 of the laws of 1946. The
A. 2572 3
amendment to section 10 of the emergency tenant protection act of nine-
teen 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,
as amended.