S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    116
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by M. of A. GOTTFRIED, GLICK, DINOWITZ, COLTON -- Multi-Spon-
   sored  by -- M.  of A. CARROLL, GALEF, PERRY -- read once and referred
   to the Committee on Housing
 
 AN ACT to amend the emergency tenant protection act of  nineteen  seven-
   ty-four,  in  relation  to protecting the home of a tenant sought by a
   landlord for personal use; and repealing  certain  provisions  of  the
   administrative  code of the city of New York and the emergency housing
   rent control law relating to evictions for personal use
 
   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 administrative code of the city of New York is REPEALED.
   § 2. Subparagraph (b) of paragraph  9  of  subdivision  c  of  section
 26-511 of the administrative code of the city of New York is REPEALED.
   § 3. Paragraph (a) of subdivision 2 of section 5 of chapter 274 of the
 laws  of  1946,  constituting the emergency housing rent control law, is
 REPEALED.
   § 4. 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 section 15 of part Q of chapter  39  of
 the laws of 2019, 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.
                                                            LBD00177-01-1

 A. 116                              2
 
 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 ensure that the level of rent  adjustments  author-
 ized under this law will not be subverted and made ineffective. [Any] NO
 provision  of  the  regulations  [permitting]  SHALL  PERMIT an owner to
 refuse to renew a lease on grounds  that  the  owner  seeks  to  recover
 possession  of  a housing accommodation for his or her own use and occu-
 pancy or for the use and occupancy of his or her immediate family [shall
 permit recovery of only one housing accommodation, shall require that an
 owner demonstrate 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  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;
 provided,  however, that a tenant required to surrender a housing accom-
 modation under this subdivision shall have a  cause  of  action  in  any
 court of competent jurisdiction for damages, declaratory, and injunctive
 relief against a landlord or purchaser of the premises who makes a frau-
 dulent  statement regarding a proposed use of the housing accommodation.
 In any action or proceeding  brought  pursuant  to  this  subdivision  a
 prevailing  tenant  shall be entitled to recovery of actual damages, and
 reasonable attorneys' fees].
   § 5.  Severability. If any provision of this act, or  any  application
 of  any  provision  of  this  act, is held to be invalid, that shall not
 affect the validity or effectiveness of any other provision of this act,
 any other application of  any  provision  of  this  act,  or  any  other
 provision of any law or code amended by this act.
   § 6. This act shall take effect immediately; and
   a.  shall apply to any tenant in possession of a housing accommodation
 at or after the effective date of this act, regardless  of  whether  the
 landlord's  or  owner'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; and
   b.  the  repeal of provisions of law made by this act shall not affect
 the availability of any right or remedy relating to any housing accommo-
 dation where the landlord  or  owner  recovered  possession  under  such
 provision prior to the taking effect of this act.
   REPEAL  NOTE.--The  provisions  of law proposed to be repealed by this
 act allow a landlord of a rent controlled or rent  stabilized  apartment
 to evict a tenant where the landlord seeks the apartment for the use and
 occupancy of the landlord or the landlord's immediate family.