S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6567
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 12, 2019
                                ___________
 
 Introduced  by  M. of A. NIOU -- read once and referred to the Committee
   on Housing
 
 AN ACT to amend the administrative code of the city of New York and  the
   emergency  tenant protection act of nineteen seventy-four, in relation
   to the duration of renewal leases; and to repeal certain provisions of
   such laws relating to the increase in rent for such renewal leases
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  4  of  subdivision  c of section 26-511 of the
 administrative code of the city of  New  York  is  amended  to  read  as
 follows:
   (4)  includes provisions requiring owners to grant a [one or two] ONE,
 TWO, THREE OR FOUR year vacancy or renewal lease at the  option  of  the
 tenant  except  where  a  mortgage or mortgage commitment existing as of
 April first, nineteen hundred sixty-nine, provides  that  the  mortgagor
 shall not grant a one year lease;
   §  2. Paragraph 5-a of subdivision c of section 26-511 of the adminis-
 trative code of the city of New York is REPEALED.
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08685-02-9

 A. 6567                             2
 
 tenancies and shall require owners to grant a new [one or two] ONE, TWO,
 THREE OR FOUR year vacancy 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 leases and provision for increase in rentals for
 garages  and  other ancillary facilities, so as to insure that the level
 of rent adjustments authorized 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 housing accommodation for his own use and occupancy or
 for  the use and occupancy of his immediate family shall require that an
 owner demonstrate immediate and compelling  need  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  years  or  more, or has an impairment which results from anatom-
 ical, 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. Subdivision (a-1) of section 10 of section 4 of  chapter  576  of
 the  laws  of  1974, constituting the emergency tenant protection act of
 nineteen seventy-four, is REPEALED.
   § 5. This act shall take effect immediately; provided,  however,  that
 the  amendments to section 26-511 of chapter 4 of title 26 of the admin-
 istrative 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;
 and provided, further, that the amendments to section 10 of the emergen-
 cy 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 chap-
 ter 576 of the laws of 1974, as amended.