senate Bill S197

2013-2014 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 08, 2014 referred to housing, construction and community development
Jan 09, 2013 referred to housing, construction and community development

Co-Sponsors

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S197 - Bill Details

Current Committee:
Senate Housing, Construction And Community Development
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 Previous Legislative Sessions:
2011-2012: S81
2009-2010: S2642A

S197 - 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:S197

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


2012: Referred to Housing, Construction and Community
Development

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
________________________________________________________________________

                                   197

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. SQUADRON -- 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
  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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00253-01-3

S. 197                              2

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
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

S. 197                              3

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
  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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