Bill S5152-2011

Authorizes the owner of a rent regulated housing accommodation to evict a tenant, who is not 62 or older or disabled, for such owner's personal use

Authorizes the owner of a rent regulated housing accommodation to evict a tenant, who is not 62 or older or disabled, for such owner's personal use and occupancy of the housing accommodation without an immediate and compelling necessity for such occupancy.

Details

Actions

  • Jun 5, 2012: referred to housing
  • Jun 5, 2012: DELIVERED TO ASSEMBLY
  • Jun 5, 2012: PASSED SENATE
  • May 2, 2012: ADVANCED TO THIRD READING
  • May 1, 2012: 2ND REPORT CAL.
  • Apr 30, 2012: 1ST REPORT CAL.603
  • Jan 4, 2012: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • May 3, 2011: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

Votes

VOTE: COMMITTEE VOTE: - Housing, Construction and Community Development - Apr 30, 2012
Ayes (5): Young, Bonacic, Gallivan, Grisanti, Ritchie
Nays (3): Espaillat, Diaz, Krueger

Memo

BILL NUMBER:S5152

TITLE OF BILL: An act to amend the administrative code of the city of New York, in relation to possession of a housing accommodation subject to the city rent and rehabilitation law by an owner for personal use and occupancy

PURPOSE: This bill amends the rent control laws to address the situation where property owners seek to obtain possession of apartments occupied by rent controlled tenants. The bill deletes the requirement that an owner prove an "immediate and compelling necessity" prior to taking occupancy of an apartment occupied by a rent controlled tenant. The bill also deletes the provision of existing law which prohibits an owner from taking occupancy of a rent controlled apartment where the tenant was residing in the apartment form more than twenty years.

SUMMARY OF PROVISIONS: This bill makes the owner occupancy provisions of the rent control law more similar to the requirements that are contained in the rent stabilization law. Under both the rent control and rent stabilization laws, an owner is authorized to take occupancy of an apartment occupied by a rent regulated tenant where the owner intends to use the apartment for themselves or for their immediate family. Unlike the rent stabilization law, however, the rent control law imposes additional, burdensome requirements. First, the owner must establish an "immediate and compelling necessity," for taking possession of the apartment, a virtually insurmountable standard and one which is far more difficult to meet than the standard that exists under rent stabilization. The rent controlled standard imposes an unreasonable obstacle to an owner's ability to use their own property for their own purposes.

JUSTIFICATION: This bill makes the owner occupancy provisions of the rent control law more similar to the requirements that are contained in the rent stabilization law. Under both the rent control and rent stabilization laws, an owner is authorized to take occupancy of an apartment occupied by a rent regulated tenant where the owner intends to use the apartment for themselves or for their immediate family. Unlike the rent stabilization law, however, the rent control law imposes additional, burdensome requirements. First, the owner must establish an "immediate and compelling necessity," for taking possession of the apartment, a virtually insurmountable standard and one which is far more difficult to meet than the standard that exists under rent stabilization. The rent controlled standard imposes an unreasonable obstacle to an owner's ability to use their own property for their own purposes.

Second, also unlike the rent stabilization law, an owner is prohibited from taking occupancy of a rent controlled apartment where the tenant has been in occupancy for twenty or more years. Rent controlled tenants who are 62 years of age or older or who suffer from anyone of a number of disabilities have been and would continue to be protected under the rent control law. However, there is no sound public policy

justification for protecting other rent controlled tenants merely because they happen to live in their apartments for a particular length of time.

This bill is consistent with the requirements contained in the rent stabilization law, removes unreasonable obstacles for property owners who seek to use their own property for themselves or their immediate family, and continues the protections afforded under existing law to tenants who are 62 years of age or older or who are disabled.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately, with provisions.


Text

STATE OF NEW YORK ________________________________________________________________________ 5152 2011-2012 Regular Sessions IN SENATE May 3, 2011 ___________
Introduced by Sen. YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development AN ACT to amend the administrative code of the city of New York, in relation to possession of a housing accommodation subject to the city rent and rehabilitation law by an owner for personal use and occupancy 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. This act shall take effect immediately; provided that the amend- ments 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.

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