S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5771
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 15, 2017
                                ___________
 
 Introduced  by  M.  of  A.  CYMBROWITZ  -- 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
   §  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.
              

                                                            LBD09576-01-7

 A. 5771                             2
 
 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
   § 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

 A. 5771                             3
 
 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.
   § 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
   § 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.