assembly Bill A5771

2017-2018 Legislative Session

Relates to recovery of certain housing accommodations by a landlord

download bill text pdf

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Archive: Last Bill Status - On Floor Calendar


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

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 ordered to third reading cal.408
May 25, 2017 advanced to third reading cal.526
May 23, 2017 reported
May 16, 2017 reported referred to codes
Feb 15, 2017 referred to housing

Co-Sponsors

A5771 (ACTIVE) - Details

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 Other Legislative Sessions:
2013-2014: A5177
2015-2016: A3812
2019-2020: A5331

A5771 (ACTIVE) - Summary

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: permits recovery of only one unit, and restricts such ability if the tenant has occupied the apartment for twenty or more years.

A5771 (ACTIVE) - Bill Text download pdf


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

                                  5771

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 15, 2017
                               ___________

Introduced  by  M.  of  A.  CYMBROWITZ  -- read once and referred to the
  Committee on Housing

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] FIFTEEN 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
  §  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

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

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