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A03638 Summary:

SAME ASNo same as
SPONSORGottfried (MS)
COSPNSRGlick, Dinowitz, Colton, Wright
MLTSPNSRFarrell, Galef, Lopez V
Rpld S26-408 sub b 1, S26-511 sub c 9 sub (b), NYC Ad Cd; rpld S5 sub 2 (a), Emerg Hous Rent Cont L; amd S10, Emerg Ten Prot Act of 1974
Prohibits certain regulations of the state division of housing and community renewal, for cities having a population of less than one million and towns and villages, from permitting an owner to refuse to renew a lease on grounds that the housing accommodation is sought for personal use or occupancy (i.e., use or occupancy by the owner or the owner's immediate family); repeals provisions of the administrative code of the city of New York and of the Emergency Housing Rent Control Law which permit evictions for personal use and occupancy.
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A03638 Text:

                STATE OF NEW YORK
                               2011-2012 Regular Sessions
                   IN ASSEMBLY
                                    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:
     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     2  administrative code of the city of New York is REPEALED.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     4  26-511 of the administrative code of the city of New York is REPEALED.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     7  REPEALED.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 chapter 234 of the laws of 1984, is
    11  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.

        A. 3638                             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 insure 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 the housing accommodation for his or her own use [and]  or
    13  occupancy  or  for  the  use  [and] or occupancy of his or her immediate
    14  family [shall require that an owner demonstrate immediate and compelling
    15  need and shall not apply where a member of the housing accommodation  is
    16  sixty-two years of age or older, has been a tenant in a housing accommo-

    17  dation  in  that building for twenty years or more, or has an impairment
    18  which results from anatomical,  physiological  or  psychological  condi-
    19  tions,  other  than  addiction  to  alcohol, gambling, or any controlled
    20  substance, which are demonstrable by medically acceptable  clinical  and
    21  laboratory diagnostic techniques, and which are expected to be permanent
    22  and  which  prevent  the tenant from engaging in any substantial gainful
    23  employment].
    24    § 5.  Severability. If any provision of this act, or  any  application
    25  of  any  provision  of  this  act, is held to be invalid, that shall not
    26  affect the validity or effectiveness of any other provision of this act,
    27  any other application of  any  provision  of  this  act,  or  any  other
    28  provision of any law or code amended by this act.

    29    § 6. This act shall take effect immediately; and
    30    a.  shall apply to any tenant in possession of a housing accommodation
    31  at or after the effective date of this act, regardless  of  whether  the
    32  landlord's  or  owner's  application  for  an  order, refusal to renew a
    33  lease, or refusal to extend or renew a tenancy took  place  before  this
    34  act shall have taken effect;
    35    b.  the  repeal of provisions of law made by this act shall not affect
    36  the availability of any right or remedy relating to any housing accommo-
    37  dation where the landlord  or  owner  recovered  possession  under  such
    38  provision prior to the taking effect of this act; and
    39    c. the amendments to section 10 of the emergency tenant protection act
    40  of  nineteen  seventy-four made by section four of this act shall expire
    41  on the same date as such act expires and shall not affect the expiration

    42  of such act as provided in section 17 of chapter  576  of  the  laws  of
    43  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.
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