Assembly Bill A2422

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2422
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 16, 2025
                                ___________
 
 Introduced  by  M.  of  A.  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] SUCH OWNER seeks to recover possession of one
 dwelling unit because of immediate and compelling necessity for [his  or
 her]  SUCH  OWNER'S  own personal use and occupancy as [his or her] SUCH
 OWNER'S primary residence or for the use and occupancy of  a  member  of
 [his  or her] SUCH OWNER'S immediate family as [his or her] SUCH IMMEDI-
 ATE FAMILY MEMBER'S  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 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 substan-
 tial 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]  SUCH OWNER'S own personal use and/or for that of [his or

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05683-01-5
              

 A. 2422                             2

 her] SUCH OWNER'S 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, howev-
 er,  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  entitled to recovery of actual damages, and reasonable attor-
 neys' fees. This subparagraph shall not be deemed to establish or elimi-
 nate 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.