Assembly Bill A962

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    962
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Housing
 
 AN ACT to amend the administrative code of the  city  of  New  York,  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. 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  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] TWENTY years or more, or has an impairment
 which results from anatomical,  physiological  or  psychological  condi-
 tions,  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 equivalent or superior housing accommodation at the same or
 lower stabilized 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00980-01-3
              

 A. 962                              2
 
 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 frau-
 dulent statement regarding a proposed use of the housing  accommodation.
 In  any  action  or  proceeding  brought pursuant to this subparagraph a
 prevailing tenant shall be entitled 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 and  shall  apply  to  any
 tenant in possession at or after the time it takes effect, regardless of
 whether  the  landlord's  application  for  an order, refusal to renew a
 lease or refusal to extend or renew a tenancy took place before this act
 shall have taken effect, provided that the amendments 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.