S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7143
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 11, 2023
                                ___________
 
 Introduced  by  M.  of  A. SIMONE, GLICK, DINOWITZ, COLTON, GALLAGHER --
   Multi-Sponsored by -- M. of A. CARROLL -- 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 administrative code of the city of New York is REPEALED.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 26-511 of the administrative code of the city of New York is REPEALED.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 REPEALED.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
 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.
                                                            LBD07941-01-3
              

 A. 7143                             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 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.