Senate Bill S7020

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7020
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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
   § 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.
                                                            LBD00851-01-7

 S. 7020                             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
   §  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. 7020                             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.
   § 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
   §  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.