senate Bill S4130

2019-2020 Legislative Session

Relates to recovery of certain housing accommodations by a landlord

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Housing, Construction And Community Development Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 01, 2019 referred to housing, construction and community development

Co-Sponsors

S4130 (ACTIVE) - Details

See Assembly Version of this Bill:
A5331
Current Committee:
Senate Housing, Construction And Community Development
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

S4130 (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.

S4130 (ACTIVE) - Sponsor Memo

S4130 (ACTIVE) - Bill Text download pdf


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

                                  4130

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              March 1, 2019
                               ___________

Introduced  by Sen. KAVANAGH -- 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] 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
his or her own personal use and occupancy as his or  her  primary  resi-
dence [in the city of New York and/or] OR for the use and occupancy of a

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