S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3638

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 26, 2011
                               ___________

Introduced  by  M.  of  A. GOTTFRIED, GLICK, DINOWITZ, COLTON, WRIGHT --
  Multi-Sponsored by -- M.  of A. V. LOPEZ -- 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administrative code of the city of New York is REPEALED.
  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26-511 of the administrative code of the city of New York is REPEALED.
  S 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REPEALED.
  S  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 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05352-01-1
              

A. 3638                             2

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] 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 the housing accommodation for his OR HER own use [and]  OR
occupancy  or  for  the  use  [and] OR occupancy of his OR HER 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 accommo-
dation  in  that building for twenty years or more, or has an impairment
which results from anatomical,  physiological  or  psychological  condi-
tions,  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].
  S 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.
  S 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;
  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; and
  c. the amendments to section 10 of the emergency tenant protection act
of  nineteen  seventy-four made by section four 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.
  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.