Removes certain restrictions relating to the "immediate and compelling necessity" of the landlord on a landlord's ability in certain New York city apartments which are rent stabilized or rent controlled to recover possession of a housing accommodation for such landlord's own personal use and occupancy or for the use and occupancy of such landlord's immediate family.
S T A T E O F N E W Y O R K
________________________________________________________________________
7489
2025-2026 Regular Sessions
I N A S S E M B L Y
March 28, 2025
___________
Introduced by M. of A. NOVAKHOV, 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] SUCH LANDLORD'S own personal use and occupancy as [his or
her] SUCH LANDLORD'S primary residence or for the use and occupancy of
[his or her] SUCH LANDLORD'S 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 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, further, that a tenant required to surrender a housing accom-
modation by virtue of the operation of subdivision g or h of this
section shall have a cause of action in any court of competent jurisdic-
tion for damages, declaratory, and injunctive relief against a landlord
or purchaser of the premises who makes a fraudulent statement regarding
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03967-01-5
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