S T A T E O F N E W Y O R K
________________________________________________________________________
5724
2019-2020 Regular Sessions
I N S E N A T E
May 13, 2019
___________
Introduced by Sen. SALAZAR -- 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, in
relation to prohibiting the owner of a building from declining to
renew a lease to a tenant whose lease term started prior to the
owner's purchase of the building on the grounds of occupancy by the
owner or an immediate family member
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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 dwell-
ing units for his or her own personal use and occupancy as his or her
primary residence in the city of New York and/or for the use and occu-
pancy 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 subpara-
graph shall not apply where THE TENANT'S INITIAL TENANCY, OR THE INITIAL
TENANCY OF ANY FAMILY MEMBER OF THE TENANT TO WHICH THE TENANT
SUCCEEDED, COMMENCED BEFORE THE OWNER ACQUIRED THE BUILDING CONTAINING
SUCH DWELLING UNITS. FURTHERMORE, THIS SUBPARAGRAPH 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, 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,
unless such owner offers to provide and if requested, provides an equiv-
alent or superior housing accommodation at the same or lower stabilized
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10084-01-9
S. 5724 2
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 for his or her own
personal use and/or for that of his or her immediate family. Any dwell-
ing 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 benefit recovery of the dwell-
ing unit is permitted pursuant to this subparagraph 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 dwelling 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 forfei-
ture of the right to any increases in residential rents in such building
for a period of three years; or
§ 2. This act shall take effect immediately; provided that the amend-
ments to section 26-511 of chapter 4 of title 26 of the administrative
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.