STATE OF NEW YORK ________________________________________________________________________ 2422 2025-2026 Regular Sessions IN ASSEMBLY January 16, 2025 ___________ Introduced by M. of A. ROSENTHAL -- read once and referred to the Committee on Housing AN ACT to amend the administrative code of the city of New York, 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: 1 Section 1. Subparagraph (b) of paragraph 9 of subdivision c of section 2 26-511 of the administrative code of the city of New York, as amended by 3 section 14 of part Q of chapter 39 of the laws of 2019, is amended to 4 read as follows: 5 (b) where [he or she] such owner seeks to recover possession of one 6 dwelling unit because of immediate and compelling necessity for [his or 7 her] such owner's own personal use and occupancy as [his or her] such 8 owner's primary residence or for the use and occupancy of a member of 9 [his or her] such owner's immediate family as [his or her] such immedi- 10 ate family member's primary residence, provided however, that this 11 subparagraph shall permit recovery of only one dwelling unit and shall 12 not apply where a tenant or the spouse of a tenant lawfully occupying 13 the dwelling unit is sixty-two years of age or older, has been a tenant 14 in a dwelling unit in that building for [fifteen] twenty years or more, 15 or has an impairment which results from anatomical, physiological or 16 psychological conditions, other than addiction to alcohol, gambling, or 17 any controlled substance, which are demonstrable by medically acceptable 18 clinical and laboratory diagnostic techniques, and which are expected to 19 be permanent and which prevent the tenant from engaging in any substan- 20 tial gainful employment, unless such owner offers to provide and if 21 requested, provides an equivalent or superior housing accommodation at 22 the same or lower stabilized rent in a closely proximate area. The 23 provisions of this subparagraph shall only permit one of the individual 24 owners of any building to recover possession of one dwelling unit for 25 [his or her] such owner's own personal use and/or for that of [his or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05683-01-5
A. 2422 2 1 her] such owner's immediate family. A dwelling unit recovered by an 2 owner pursuant to this subparagraph shall not for a period of three 3 years be rented, leased, subleased or assigned to any person other than 4 a person for whose benefit recovery of the dwelling unit is permitted 5 pursuant to this subparagraph or to the tenant in occupancy at the time 6 of recovery under the same terms as the original lease; provided, howev- 7 er, that a tenant required to surrender a dwelling unit under this 8 subparagraph shall have a cause of action in any court of competent 9 jurisdiction for damages, declaratory, and injunctive relief against a 10 landlord or purchaser of the premises who makes a fraudulent statement 11 regarding a proposed use of the housing accommodation. In any action or 12 proceeding brought pursuant to this subparagraph a prevailing tenant 13 shall be entitled to recovery of actual damages, and reasonable attor- 14 neys' fees. This subparagraph shall not be deemed to establish or elimi- 15 nate any claim that the former tenant of the dwelling unit may otherwise 16 have against the owner. Any such rental, lease, sublease or assignment 17 during such period to any other person may be subject to a penalty of a 18 forfeiture of the right to any increases in residential rents in such 19 building for a period of three years; or 20 § 2. This act shall take effect immediately and shall apply to any 21 tenant in possession at or after the time it takes effect, regardless of 22 whether the landlord's application for an order, refusal to renew a 23 lease or refusal to extend or renew a tenancy took place before this act 24 shall have taken effect, provided that the amendments to section 26-511 25 of chapter 4 of title 26 of the administrative code of the city of New 26 York made by section one of this act shall expire on the same date as 27 such law expires and shall not affect the expiration of such law as 28 provided under section 26-520 of such law.