A2572-2011 Actions

• May 8, 2012: held for consideration in housing
• Jan 4, 2012: referred to housing
• Jan 19, 2011: referred to housing

A2572-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2572
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 January 19, 2011
 
 Introduced  by  M.  of  A.  FITZPATRICK -- read once and referred to the
 Committee on Housing
 

AN ACT to amend the administrative code of the city  of  New  York,  the
 emergency housing rent control law and the emergency tenant protection
 act  of  nineteen seventy-four, in relation to the eviction of tenants
 on grounds of landlord's 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  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 or for the use and occupancy
 of his or her immediate family [provided, however, that this subdivision
 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  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
 

S 2. 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 housing
 accommodations [because of immediate and compelling necessity]  for  his
 own personal use and occupancy or for the use and occupancy of his imme
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02711-01-1
 
       A. 2572                             2
 diate family[; provided, however, this subdivision 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  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
 

S 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 hous-
 ing accommodation for his own use and occupancy or for the use and occu-
 pancy 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 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.]
 

S 4. This act shall take effect immediately; provided that the  amend
 ment  to section 26-408 of the city rent and rehabilitation 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. The amend
 ment  to  section  5  of the emergency housing rent control law, 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 in
 subdivision 2 of section 1 of chapter 274  of  the  laws  of  1946.  The
 
       A. 2572                             3
 amendment  to section 10 of the emergency tenant protection act of nine
 teen 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,
 as amended.

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