Bill Text: NY A03039 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to recovery of certain housing accommodations by a landlord.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to housing [A03039 Detail]

Download: New_York-2021-A03039-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3039

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 22, 2021
                                       ___________

        Introduced  by  M.  of  A. L. 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 seeks to recover possession of one dwelling unit
     6  because of immediate  and  compelling  necessity  for  his  or  her  own
     7  personal  use  and  occupancy as his or her primary residence or for the
     8  use and occupancy of a member of his or her immediate family as  his  or
     9  her  primary  residence,  provided however, that this subparagraph shall
    10  permit recovery of only one dwelling unit and shall not  apply  where  a
    11  tenant or the spouse of a tenant lawfully occupying the dwelling unit is
    12  sixty-two years of age or older, has been a tenant in a dwelling unit in
    13  that  building  for [fifteen] twenty years or more, or has an impairment
    14  which results from anatomical,  physiological  or  psychological  condi-
    15  tions,  other  than  addiction  to  alcohol, gambling, or any controlled
    16  substance, which are demonstrable by medically acceptable  clinical  and
    17  laboratory diagnostic techniques, and which are expected to be permanent
    18  and  which  prevent  the tenant from engaging in any substantial gainful
    19  employment, unless such  owner  offers  to  provide  and  if  requested,
    20  provides  an equivalent or superior housing accommodation at the same or
    21  lower stabilized rent in a closely proximate  area.  The  provisions  of
    22  this  subparagraph shall only permit one of the individual owners of any
    23  building to recover possession of one dwelling unit for his or  her  own
    24  personal  use and/or for that of his or her immediate family. A dwelling
    25  unit recovered by an owner pursuant to this subparagraph shall not for a

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00807-01-1
        A. 3039                             2

     1  period of three years be rented, leased, subleased or  assigned  to  any
     2  person  other  than  a person for whose benefit recovery of the dwelling
     3  unit is permitted pursuant to this subparagraph  or  to  the  tenant  in
     4  occupancy  at  the time of recovery under the same terms as the original
     5  lease; provided, however, that a tenant required to surrender a dwelling
     6  unit under this subparagraph shall have a cause of action in  any  court
     7  of  competent  jurisdiction  for  damages,  declaratory,  and injunctive
     8  relief against a landlord or purchaser of the premises who makes a frau-
     9  dulent statement regarding a proposed use of the housing  accommodation.
    10  In  any  action  or  proceeding  brought pursuant to this subparagraph a
    11  prevailing tenant shall be entitled to recovery of actual  damages,  and
    12  reasonable  attorneys'  fees.  This  subparagraph shall not be deemed to
    13  establish or eliminate any claim that the former tenant of the  dwelling
    14  unit  may  otherwise  have  against  the  owner. Any such rental, lease,
    15  sublease or assignment during such period to any  other  person  may  be
    16  subject  to  a  penalty of a forfeiture of the right to any increases in
    17  residential rents in such building for a period of three years; or
    18    § 2. This act shall take effect immediately and  shall  apply  to  any
    19  tenant in possession at or after the time it takes effect, regardless of
    20  whether  the  landlord's  application  for  an order, refusal to renew a
    21  lease or refusal to extend or renew a tenancy took place before this act
    22  shall have taken effect, provided that the amendments to section  26-511
    23  of  chapter  4 of title 26 of the administrative code of the city of New
    24  York made by section one of this act shall expire on the  same  date  as
    25  such    law  expires  and shall not affect the expiration of such law as
    26  provided under section 26-520 of such law.