Assembly Bill A5331

2019-2020 Legislative Session

Relates to recovery of certain housing accommodations by a landlord

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A5331 (ACTIVE) - Details

Current Committee:
Assembly Housing
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
2017-2018: A5771

2019-A5331 (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 fifteen or more years.

2019-A5331 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5331
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2019
                                ___________
 
 Introduced  by  M.  of  A. CYMBROWITZ, DE LA ROSA, WALKER, L. ROSENTHAL,
   BARRON -- 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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