S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9622
 
                           I N  A S S E M B L Y
 
                             January 28, 2020
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
   Committee on Local Governments
 
 AN ACT to amend the real property law, in relation to  allowing  munici-
   palities the right to enact commercial rent control measures
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 228 of the real property law, as amended by chapter
 312 of the laws of 1962, is amended to read as follows:
   § 228. Termination of tenancies at will or by sufferance,  by  notice.
 1.  A  tenancy  at will or by sufferance, however created, may be termi-
 nated by a written notice of not less than thirty days given  in  behalf
 of  the  landlord, to the tenant, requiring him to remove from the prem-
 ises; which notice must be served, either by delivering to the tenant or
 to a person of suitable age and discretion, residing upon the  premises,
 or  if neither the tenant nor such a person can be found, by affixing it
 upon a conspicuous part of the premises, where it  may  be  conveniently
 read. At the expiration of thirty days after the service of such notice,
 the  landlord may re-enter, maintain an action to recover possession, or
 proceed, in the manner prescribed by law, to remove the tenant,  without
 further or other notice to quit.
   2.  NOTHING  CONTAINED  IN  THIS  SECTION SHALL BE CONSTRUED TO AMEND,
 REPEAL, MODIFY OR AFFECT ANY LOCAL LAW OR ORDINANCE, OR ANY PROVISION OF
 THE NEW YORK CITY CHARTER OR ADMINISTRATIVE CODE  OF  THE  CITY  OF  NEW
 YORK,  OR  TO LIMIT OR RESTRICT THE POWER OF ANY CITY TO AMEND OR MODIFY
 ANY LOCAL LAW OR ORDINANCE, OR TO LIMIT OR RESTRICT  THE  POWER  OF  THE
 CITY  OF  NEW  YORK TO AMEND OR MODIFY ANY ORDINANCE OR PROVISION OF THE
 NEW YORK CITY CHARTER OR ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, OR
 TO RESTRICT OR LIMIT ANY POWER OTHERWISE CONFERRED BY LAW.
   § 2. Section 229 of the real  property  law  is  amended  to  read  as
 follows:
   §  229. Liability of tenant holding over after giving notice of inten-
 tion to quit. 1. If a tenant gives notice of his intention to  quit  the
 premises held by him, and does not accordingly deliver up the possession
 thereof, at the time specified in such notice, he or his personal repre-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14891-01-0

 A. 9622                             2
 
 sentatives  must, so long as he continue in possession, pay to the land-
 lord, his heirs or assigns, double the rent which  he  should  otherwise
 have  paid, to be recovered at the same time, and in the same manner, as
 the single rent.
   2.  NOTHING  CONTAINED  IN  THIS  SECTION SHALL BE CONSTRUED TO AMEND,
 REPEAL, MODIFY OR AFFECT ANY LOCAL LAW OR ORDINANCE, OR ANY PROVISION OF
 THE NEW YORK CITY CHARTER OR ADMINISTRATIVE CODE  OF  THE  CITY  OF  NEW
 YORK,  OR  TO LIMIT OR RESTRICT THE POWER OF ANY CITY TO AMEND OR MODIFY
 ANY LOCAL LAW OR ORDINANCE, OR TO LIMIT OR RESTRICT  THE  POWER  OF  THE
 CITY  OF  NEW  YORK TO AMEND OR MODIFY ANY ORDINANCE OR PROVISION OF THE
 NEW YORK CITY CHARTER OR ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, OR
 TO RESTRICT OR LIMIT ANY POWER OTHERWISE CONFERRED BY LAW.
   § 3. Section 232-a of the real property law, as amended by section  32
 of  part  Q  of  chapter  39  of the laws of 2019, is amended to read as
 follows:
   § 232-a. 1. Notice to terminate monthly tenancy or tenancy from  month
 to  month  in  the  city  of New York. No monthly tenant, or tenant from
 month to month, shall hereafter be removed from any lands  or  buildings
 in the city of New York on the grounds of holding over the tenant's term
 unless  pursuant  to  the  notice  period required by subdivision two of
 section two hundred twenty-six-c of this article, or for a tenancy other
 than a residential tenancy at least thirty days before the expiration of
 the term, the landlord or the landlord's agent serve upon the tenant, in
 the same manner in which a notice of petition in summary proceedings  is
 now  allowed to be served by law, a notice in writing to the effect that
 the landlord elects to terminate the tenancy and that unless the  tenant
 removes  from  such  premises  on  the day designated in the notice, the
 landlord will commence summary proceedings under the statute  to  remove
 such tenant therefrom.
   2.  NOTHING  CONTAINED  IN  THIS  SECTION SHALL BE CONSTRUED TO AMEND,
 REPEAL, MODIFY OR AFFECT ANY LOCAL LAW OR ORDINANCE, OR ANY PROVISION OF
 THE NEW YORK CITY CHARTER OR ADMINISTRATIVE CODE  OF  THE  CITY  OF  NEW
 YORK,  OR  TO LIMIT OR RESTRICT THE POWER OF ANY CITY TO AMEND OR MODIFY
 ANY LOCAL LAW OR ORDINANCE, OR TO LIMIT OR RESTRICT  THE  POWER  OF  THE
 CITY  OF  NEW  YORK TO AMEND OR MODIFY ANY ORDINANCE OR PROVISION OF THE
 NEW YORK CITY CHARTER OR ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, OR
 TO RESTRICT OR LIMIT ANY POWER OTHERWISE CONFERRED BY LAW.
   § 4. Subdivision 5 of section 235-d of the real property law, as added
 by chapter 508 of the laws of 1978, is amended to read as follows:
   5. The powers and remedies set forth in this section shall be in addi-
 tion to all other powers and remedies in relation to harassment  includ-
 ing  the  award  of  damages. Nothing contained [herein] IN THIS SECTION
 shall be construed to amend, repeal, modify  or  affect  any  [existing]
 local law or ordinance, or ANY provision of the NEW YORK CITY charter or
 administrative code of the city of New York, or to limit or restrict the
 power  of  ANY CITY TO AMEND OR MODIFY ANY LOCAL LAW OR ORDINANCE, OR TO
 LIMIT OR RESTRICT THE POWER OF the city OF NEW YORK to amend  or  modify
 any  [existing  local  law,] ordinance or provision of the NEW YORK CITY
 charter or administrative code OF THE CITY OF NEW YORK, or  to  restrict
 or  limit  any power otherwise conferred by law [with respect to harass-
 ment].
   § 5. This act shall take effect immediately.