S T A T E O F N E W Y O R K
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3664
2023-2024 Regular Sessions
I N A S S E M B L Y
February 3, 2023
___________
Introduced by M. of A. FITZPATRICK -- read once and referred to the
Committee on Housing
AN ACT to amend the administrative code of the city of New York, the
emergency housing rent control law and the emergency tenant protection
act of nineteen seventy-four, in relation to the eviction of tenants
on grounds of landlord's personal use
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, as amended by section 1 of
part I of chapter 36 of the laws of 2019, 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 resi-
dence or for the use and occupancy of his or her immediate family as
their primary 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 accommo-
dation is sixty-two years of age or older, has been a tenant in a hous-
ing 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, further, that a tenant required to surrender a
housing accommodation by virtue of the operation of subdivision g or h
of this section 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 fraudulent statement
regarding a proposed use of the housing accommodation. In any action or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08388-01-3
A. 3664 2
proceeding brought pursuant to this paragraph a prevailing tenant shall
be entitled to recovery of actual damages, and reasonable attorneys'
fees; or
§ 2. Paragraph (a) of subdivision 2 of section 5 of chapter 274 of the
laws of 1946, constituting the emergency housing rent control law, as
amended by section 16 of part Q of chapter 39 of the laws of 2019, is
amended to read as follows:
(a) 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 resi-
dence or for the use and occupancy of his or her immediate family as
their primary residence[; provided, however, this subdivision shall
permit recovery of only one housing accommodation and shall not apply
where a member of the household lawfully occupying the housing accommo-
dation is sixty-two years of age or older, has been a tenant in a hous-
ing 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 accommodation under this paragraph 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 fraudulent statement regarding a proposed use of the housing
accommodation. In any action or proceeding brought pursuant to this
paragraph a prevailing tenant shall be entitled to recovery of actual
damages, and reasonable attorneys' fees; or
§ 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 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 year vacan-
cy 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 leas-
es and provision for increase in rentals for garages and other ancillary
facilities, so as to ensure that the level of rent adjustments author-
ized 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 occupancy or for the use and
occupancy of his or her immediate family shall permit recovery of only
A. 3664 3
one housing accommodation, shall require that an owner demonstrate imme-
diate 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, phys-
iological 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] PROVIDED,
however, that a tenant required to surrender a housing accommodation
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 fraudulent
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.
§ 4. This act shall take effect immediately; provided that the amend-
ment to section 26-408 of the city rent and rehabilitation law, made by
section one of this act, shall remain in full force and effect only as
long as the public emergency requiring the regulation and control of
residential rents and evictions continues, as provided in subdivision 3
of section 1 of the local emergency housing rent control act.