This bill has been amended

Bill S8055-2009

Relates to recovery of certain housing accommodations by a landlord

Relates to recovery of certain housing accommodations by a landlord.

Details

Actions

  • Jun 3, 2010: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

Memo

BILL NUMBER:S8055

TITLE OF BILL: An act to amend the administrative code of the city of New York, the emergency tenant protection act of nineteen seventy-four and the emergency housing rent control law, in relation to recovery of certain housing accommodations by a landlord

PURPOSE OR GENERAL IDEA OF BILL: The purpose of the bill is to limit a landlord's ability to take possession of units for their own personal use.

SUMMARY OF SPECIFIC PROVISIONS: This bill would limit a landlord's ability to take possession of units in buildings with thirteen or more units for their own primary residence to cases of immediate and compelling necessity and restrict such ability if the landlord is a corporate entity.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:

This bill would amend paragraph 1 of subdivision b of section 26-408 of the administrative code of the city of New York; subparagraph (b) of paragraph 9 of subdivision c of section 26-511 of the administrative code of the city of New York; subdivision a of section 10 of section 4 of chapter 576 of the laws of 1974, constituting the emergency tenant protection act of nineteen seventy-four; and paragraph (a) of subdivision 2 of section 5 of chapter 274 of the laws of 1946, constituting the emergency housing rent control law.

JUSTIFICATION:

Current law provides for two different standards of proof when an individual landlord seeks to recover a unit for his or her personal use. In buildings that are rent controlled, a landlord has to show there is an immediate and compelling need requiring the recovery of the unit. If a unit is rent stabilized, the burden of proof allowing for recovery is a showing of a good faith need. This bill would maintain that an individual landlord must show a good faith basis that the unit is going to be used for his or her personal use in a building with twelve or less units. However, this bill would also impose higher burden of an immediate and compelling need on a landlord seeking to recover a unit in a building with thirteen or more ensures more stringent protections for tenants living in rent-regulated apartments. Therefore, this bill ensures protections for both small building owners and tenants residing in rent regulated buildings by reinforcing the meaning of "personal use" for a landlord to be for his or her and/or their family's immediate possession.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately and shall apply to any tenant in possession at or after the time it takes effect, regardless of whether the landlord'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.


Text

STATE OF NEW YORK ________________________________________________________________________ 8055 IN SENATE June 3, 2010 ___________
Introduced by Sen. ESPADA -- 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, the emergency tenant protection act of nineteen seventy-four and the emer- gency housing rent control law, in relation to recovery of certain housing accommodations by a landlord 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 AS HIS OR HER PRIMARY RESIDENCE or for the use and occupancy of his or her immediate family AS THEIR PRIMA- RY RESIDENCE provided, however, that this subdivision shall not apply where a member of the household lawfully occupying the housing accommo- dation is sixty-two years of age or older, has been a tenant in a hous- ing 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. ONLY ONE OF THE INDIVIDUAL OWNERS OF ANY BUILDING, WHETHER SUCH OWNERSHIP IS BY JOINT TENANCY, TENANCY IN COMMON, TENANCY BY THE ENTIRETY OR PARTNERSHIP BUT NOT INCLUDING A CORPORATION, A LIMITED LIABILITY PARTNERSHIP OR A LIMITED LIABILITY COMPANY, SHALL BE PERMITTED TO RECOVER POSSESSION OF ONE OR MORE DWELLING UNITS FOR THE USE AND OCCUPANCY OF A MEMBER OF HIS OR HER IMMEDIATE FAMILY AS HIS OR HER PRIMARY RESIDENCE; or
S 2. Subparagraph (b) of paragraph 9 of subdivision c of section 26-511 of the administrative code of the city of New York is amended to read as follows: (b) where THE BUILDING CONTAINS EITHER (I) TWELVE OR FEWER DWELLING UNITS AND he or she seeks IN GOOD FAITH to recover possession of one or more dwelling units, OR (II) THIRTEEN OR MORE DWELLING UNITS AND BECAUSE OF IMMEDIATE AND COMPELLING NECESSITY HE OR SHE SEEKS IN GOOD FAITH TO RECOVER ONE OR MORE UNITS for his or her own personal use and occupancy as his or her primary residence [in the city of New York and/or] OR for the use and occupancy of a member of his or her immediate family as his or her primary residence [in the city of New York], provided however, that this subparagraph shall not apply where a tenant or the spouse of a tenant lawfully occupying the dwelling unit is sixty-two years of age or older, 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, unless such owner offers to provide and if requested, provides an equivalent or superior housing accommo- dation at the same or lower stabilized rent in a closely proximate area. The provisions of this subparagraph shall only permit one of the indi- vidual owners of any building, WHETHER SUCH OWNERSHIP IS BY JOINT TENAN- CY, TENANCY IN COMMON, TENANCY BY THE ENTIRETY OR PARTNERSHIP BUT NOT INCLUDING A CORPORATION, A LIMITED LIABILITY PARTNERSHIP OR A LIMITED LIABILITY COMPANY, to recover possession of one or more dwelling units for his or her own personal use and/or for that of his or her immediate family. Any dwelling unit recovered by an owner pursuant to this subpar- agraph shall not for a period of three years be rented, leased, subleased or assigned to any person other than a person for whose bene- fit recovery of the dwelling unit is permitted pursuant to this subpara- graph or to the tenant in occupancy at the time of recovery under the same terms as the original lease. This subparagraph shall not be deemed to establish or eliminate any claim that the former tenant of the dwell- ing unit may otherwise have against the owner. Any such rental, lease, sublease or assignment during such period to any other person may be subject to a penalty of a forfeiture of the right to any increases in residential rents in such building for a period of three years; 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 OR HER own use and occupancy or for the use and occupancy of his OR HER immediate family shall require that an owner demonstrate immediate and compelling need AND THAT THE HOUSING ACCOMMO- DATION 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 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. ONLY ONE OF THE INDIVIDUAL OWNERS OF ANY BUILDING, WHETHER SUCH OWNERSHIP IS BY JOINT TENANCY, TENANCY IN COMMON, TENANCY BY THE ENTIRETY OR PARTNERSHIP BUT NOT INCLUDING A CORPORATION, LIMITED LIABILITY PARTNERSHIP OR A LIMITED LIABILITY COMPANY, SHALL BE PERMITTED TO RECOVER POSSESSION OF ONE OR MORE DWELLING UNITS FOR THE USE AND OCCUPANCY OF A MEMBER OF HIS OR HER IMMEDIATE FAMILY AS HIS OR HER PRIMARY RESIDENCE. S 4. 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 A hous- ing [accommodations] ACCOMMODATION because of immediate and compelling necessity for his OR HER own personal use and occupancy AS HIS OR HER PRIMARY RESIDENCE or for the use and occupancy of his OR HER immediate family AS THEIR PRIMARY RESIDENCE; 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 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. ONLY ONE OF THE INDIVIDUAL OWNERS OF ANY BUILDING, WHETHER SUCH OWNERSHIP IS BY JOINT TENANCY, TENANCY IN COMMON, TENANCY BY THE ENTIRETY OR PARTNERSHIP BUT NOT INCLUDING A CORPORATION, LIMITED LIABILITY PARTNERSHIP OR A LIMITED LIABILITY COMPA- NY, SHALL BE PERMITTED TO RECOVER POSSESSION OF ONE OR MORE DWELLING UNITS FOR THE USE AND OCCUPANCY OF A MEMBER OF HIS OR HER IMMEDIATE FAMILY AS HIS OR HER PRIMARY RESIDENCE; or S 5. This act shall take effect immediately and shall apply to any tenant in possession at or after the time this act takes effect, regard- less of whether the landlord's application for an order, refusal to renew a lease or refusal to extend or renew a tenancy took place before this act takes effect, provided that: a. the amendments to section 26-408 of the city rent and rehabili- tation 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; b. the amendments to section 26-511 of the rent stabilization law of nineteen hundred sixty-nine 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 under section 26-520 of such law; c. the amendments to subdivision a of section 10 of section 4 of the emergency 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 chapter 576 of the laws of 1974; and d. the amendments to paragraph (a) of subdivision 2 of section 5 of the emergency housing rent control law made by section four 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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus