S T A T E O F N E W Y O R K
________________________________________________________________________
2436
2021-2022 Regular Sessions
I N A S S E M B L Y
January 19, 2021
___________
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
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. 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 section 15 of part Q of chapter 39 of
the laws of 2019, 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] 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04754-01-1
A. 2436 2
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 ensure 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 a housing accommodation for his or her own use and occu-
pancy or for the use and occupancy of his or her immediate family shall
permit recovery of only one housing accommodation, shall require that an
owner demonstrate 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 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;
provided, however, that a tenant required to surrender a housing accom-
modation under this subdivision shall have a cause of action in any
court of competent jurisdiction for damages, declaratory, and injunctive
relief against a landlord or purchaser of the premises who makes a frau-
dulent statement regarding a proposed use of the housing accommodation.
In any action or proceeding brought pursuant to this subdivision a
prevailing tenant shall be entitled to recovery of actual damages, and
reasonable attorneys' fees.
§ 3. 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.