S T A T E   O F   N E W   Y O R K
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                                  5177

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2013
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on Housing

AN  ACT  to  amend  the administrative code of the city of New York, the
  emergency tenant protection act of nineteen seventy-four and the emer-
  gency housing rent control law, 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. Paragraph 1 of subdivision  b  of  section  26-408  of  the
administrative  code  of  the  city  of  New  York 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 RESIDENCE or
for the use and occupancy of his or her immediate family AS THEIR PRIMA-
RY 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 accommo-
dation  in  that  building for [twenty] 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; or
  S 2. Subparagraph (b) of paragraph  9  of  subdivision  c  of  section
26-511  of the administrative code of the city of New York is amended to
read as follows:
  (b) where he or she seeks to  recover  possession  of  one  [or  more]
dwelling  [units] UNIT BECAUSE OF IMMEDIATE AND COMPELLING NECESSITY for

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09197-01-3
              

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his or her own personal use and occupancy as his or  her  primary  resi-
dence [in the city of New York and/or] OR for the use and occupancy of a
member  of  his  or her immediate family as his or her primary residence
[in  the  city  of  New  York], 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 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 [or more]  dwelling  [units]  UNIT
for  his or her own personal use and/or for that of his or her immediate
family. [Any] 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  bene-
fit recovery of the dwelling unit is permitted pursuant to this subpara-
graph  or  to  the tenant in occupancy at the time of recovery under the
same terms as the original lease. This subparagraph shall not be  deemed
to establish or eliminate any claim that the former tenant of the dwell-
ing  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
  S 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 chapter 234 of the  laws  of  1984,  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 insure 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 [the] A
housing accommodation for his OR HER own use and occupancy  or  for  the

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use  and  occupancy of his OR HER immediate family shall PERMIT RECOVERY
OF ONLY ONE HOUSING ACCOMMODATION, SHALL require that  an  owner  demon-
strate  immediate 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
[twenty] 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.
  S 4. 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  chapter  234  of  the  laws  of 1984, is amended to read as
follows:
  (a) the landlord seeks in good faith to recover possession of A  hous-
ing  [accommodations]  ACCOMMODATION 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 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
accommodation is sixty-two years of age or older, has been a tenant in a
housing  accommodation  in  that  building for [twenty] 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 accept-
able clinical  and  laboratory  diagnostic  techniques,  and  which  are
expected  to  be permanent and which prevent the tenant from engaging in
any substantial gainful employment; or
  S 5. 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:
  a. the amendments to section 26-408 of the  city  rent  and  rehabili-
tation  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;
  b.  the amendments to section 26-511 of the rent stabilization  law of
nineteen hundred sixty-nine made by section two 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;
  c. the amendments to subdivision a of section 10 of section 4  of  the
emergency tenant protection act of nineteen seventy-four made by section
three  of this act shall expire on the same date as such act expires and
shall not affect the expiration of such act as provided in section 17 of
chapter 576 of the laws of 1974; and
  d. the amendments to paragraph (a) of subdivision 2 of  section  5  of
the  emergency housing rent control law made by section four of this act
shall expire on the same date as such law expires and shall  not  affect
the  expiration of such law as provided in subdivision 2 of section 1 of
chapter 274 of the laws of 1946.