Assembly Bill A5591

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5591
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 16, 2023
                                ___________
 
 Introduced by M. of A. MITAYNES -- read once and referred to the Commit-
   tee on Housing
 
 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, as amended by
 section 14 of part Q of chapter 39 of the laws of 2019,  is  amended  to
 read as follows:
   (b)  where  he or she seeks to recover possession of one dwelling unit
 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 a member of his or her immediate family as  his  or
 her  primary  residence,  provided however, that this subparagraph shall
 permit recovery of only one dwelling unit and 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,
 has been a tenant in a dwelling unit in that building for fifteen  years
 or  more, or has an impairment which results from anatomical, physiolog-
 ical 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04865-01-3
              

 A. 5591                             2
 
 to provide and if requested, provides an equivalent or superior  housing
 accommodation  at  the same or lower stabilized rent in a closely proxi-
 mate area. The provisions of this subparagraph shall only permit one  of
 the  individual  owners  of  any  building  to recover possession of one
 dwelling unit for his or her own personal use and/or for that of his  or
 her  immediate family. A dwelling 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 dwelling 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; provided,  however,  that  a
 tenant  required  to  surrender  a dwelling unit under this subparagraph
 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 subparagraph a prevailing tenant shall be enti-
 tled to recovery of actual damages, and reasonable attorneys' fees. 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 forfeiture
 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.