S T A T E O F N E W Y O R K
________________________________________________________________________
6567
2019-2020 Regular Sessions
I N A S S E M B L Y
March 12, 2019
___________
Introduced by M. of A. NIOU -- read once and referred to the Committee
on Housing
AN ACT to amend the administrative code of the city of New York and the
emergency tenant protection act of nineteen seventy-four, in relation
to the duration of renewal leases; and to repeal certain provisions of
such laws relating to the increase in rent for such renewal leases
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 4 of subdivision c of section 26-511 of the
administrative code of the city of New York is amended to read as
follows:
(4) includes provisions requiring owners to grant a [one or two] ONE,
TWO, THREE OR FOUR year vacancy or renewal lease at the option of the
tenant except where a mortgage or mortgage commitment existing as of
April first, nineteen hundred sixty-nine, provides that the mortgagor
shall not grant a one year lease;
§ 2. Paragraph 5-a of subdivision c of section 26-511 of the adminis-
trative code of the city of New York is REPEALED.
§ 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08685-02-9
A. 6567 2
tenancies and shall require owners to grant a new [one or two] ONE, TWO,
THREE OR FOUR year vacancy 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 leases and provision for increase in rentals for
garages and other ancillary facilities, so as to insure that the level
of rent adjustments authorized 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 housing accommodation for his own use and occupancy or
for the use and occupancy 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 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. Subdivision (a-1) of section 10 of section 4 of chapter 576 of
the laws of 1974, constituting the emergency tenant protection act of
nineteen seventy-four, is REPEALED.
§ 5. This act shall take effect immediately; provided, however, that
the amendments to section 26-511 of chapter 4 of title 26 of the admin-
istrative code of the city of New York made by section one 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;
and provided, further, that the amendments to section 10 of the emergen-
cy 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 chap-
ter 576 of the laws of 1974, as amended.