S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4781
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2017
                                ___________
 
 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 is amended  to
 read as follows:
   (b)  where he or she seeks to recover possession of one or more dwell-
 ing units for his or her own personal use and occupancy as  his  or  her
 primary  residence  in the city of New York and/or for the use and occu-
 pancy 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 subpara-
 graph 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, OR HAS
 BEEN A TENANT IN THE DWELLING UNIT IN THAT BUILDING FOR 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 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, unless such owner offers to provide
 and if requested, provides an equivalent or  superior  housing  accommo-
 dation at the same or lower stabilized rent in a closely proximate area.
 The  provisions  of this subparagraph shall only permit one of the indi-
 vidual owners of any building to  recover  possession  of  one  or  more
 dwelling units for his or her own personal use and/or for that of his or
 her  immediate  family. Any 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05271-01-7

 A. 4781                             2
 
 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. 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.