STATE OF NEW YORK ________________________________________________________________________ 7143 2023-2024 Regular Sessions IN ASSEMBLY 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: 1 Section 1. Paragraph 1 of subdivision b of section 26-408 of the 2 administrative code of the city of New York is REPEALED. 3 § 2. Subparagraph (b) of paragraph 9 of subdivision c of section 4 26-511 of the administrative code of the city of New York is REPEALED. 5 § 3. Paragraph (a) of subdivision 2 of section 5 of chapter 274 of the 6 laws of 1946, constituting the emergency housing rent control law, is 7 REPEALED. 8 § 4. Subdivision a of section 10 of section 4 of chapter 576 of the 9 laws of 1974, constituting the emergency tenant protection act of nine- 10 teen seventy-four, as amended by section 15 of part Q of chapter 39 of 11 the laws of 2019, is amended to read as follows: 12 a. For cities having a population of less than one million and towns 13 and villages, the state division of housing and community renewal shall 14 be empowered to implement this act by appropriate regulations. Such 15 regulations may encompass such speculative or manipulative practices or 16 renting or leasing practices as the state division of housing and commu- 17 nity renewal determines constitute or are likely to cause circumvention 18 of this act. Such regulations shall prohibit practices which are likely 19 to prevent any person from asserting any right or remedy granted by this 20 act, including but not limited to retaliatory termination of periodic 21 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 1 cy or renewal lease at the option of the tenant, except where a mortgage 2 or mortgage commitment existing as of the local effective date of this 3 act provides that the owner shall not grant a one-year lease; and shall 4 prescribe standards with respect to the terms and conditions of new and 5 renewal leases, additional rent and such related matters as security 6 deposits, advance rental payments, the use of escalator clauses in leas- 7 es and provision for increase in rentals for garages and other ancillary 8 facilities, so as to ensure that the level of rent adjustments author- 9 ized under this law will not be subverted and made ineffective. [Any] No 10 provision of the regulations [permitting] shall permit an owner to 11 refuse to renew a lease on grounds that the owner seeks to recover 12 possession of a housing accommodation for his or her own use and occu- 13 pancy or for the use and occupancy of his or her immediate family [shall 14 permit recovery of only one housing accommodation, shall require that an 15 owner demonstrate immediate and compelling need and that the housing 16 accommodation will be the proposed occupants' primary residence and 17 shall not apply where a member of the housing accommodation is sixty-two 18 years of age or older, has been a tenant in a housing accommodation in 19 that building for fifteen years or more, or has an impairment which 20 results from anatomical, physiological or psychological conditions, 21 other than addiction to alcohol, gambling, or any controlled substance, 22 which are demonstrable by medically acceptable clinical and laboratory 23 diagnostic techniques, and which are expected to be permanent and which 24 prevent the tenant from engaging in any substantial gainful employment; 25 provided, however, that a tenant required to surrender a housing accom- 26 modation under this subdivision shall have a cause of action in any 27 court of competent jurisdiction for damages, declaratory, and injunctive 28 relief against a landlord or purchaser of the premises who makes a frau- 29 dulent statement regarding a proposed use of the housing accommodation. 30 In any action or proceeding brought pursuant to this subdivision a 31 prevailing tenant shall be entitled to recovery of actual damages, and 32 reasonable attorneys' fees]. 33 § 5. Severability. If any provision of this act, or any application 34 of any provision of this act, is held to be invalid, that shall not 35 affect the validity or effectiveness of any other provision of this act, 36 any other application of any provision of this act, or any other 37 provision of any law or code amended by this act. 38 § 6. This act shall take effect immediately; and 39 a. shall apply to any tenant in possession of a housing accommodation 40 at or after the effective date of this act, regardless of whether the 41 landlord's or owner's application for an order, refusal to renew a 42 lease, or refusal to extend or renew a tenancy took place before this 43 act shall have taken effect; and 44 b. the repeal of provisions of law made by this act shall not affect 45 the availability of any right or remedy relating to any housing accommo- 46 dation where the landlord or owner recovered possession under such 47 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.