Relates to recovery of certain housing accommodations by a landlord

BILL NUMBER:S8055A

Title of bill

An act to amend the administrative code of the city of New York, the emergency tenant protection act of nineteen seventy-four and the emer- gency housing rent control law, in relation to recovery of certain hous- ing accommodations by a landlord

Purpose or general idea of bill

The purpose of the bill is to limit a landlord's ability to take possession of units for their own personal use.

Summary of specific provisions

This bill would limit a landlord's ability to take possession of units in buildings with thirteen or more units for their own primary residence to cases of immediate and compelling necessity and restrict such ability if the landlord is a corporate entity.

Effects of present law which this bill would alter

This bill would amend paragraph 1 of subdivision b of section 26-408 of the administrative code of the city of New York; subparagraph (b) of paragraph 9 of subdivision c of section 26-511 of the administrative code of the city of New York; subdivision a of section 10 of section 4 of chapter 576 of the laws of 1974, constituting the emergency tenant protection act of nineteen seventy-four; and paragraph (a) of subdivi- sion 2 of section 5 of chapter 274 of the laws of 1946, constituting the emergency housing rent control law.

Justification

Current law allows building owners to evict tenants in rent stabilized apartments based upon a good faith showing that the unit will be used for his or her personal use. As stated in a recent Court of Appeals decision, this standard is applied uniformly to rent stabilized units throughout New York City, regardless of how many units a building may have. As a result of that Court of Appeals decision, the Legislature finds a need to impose a higher standard of proof for an owner to recover rent stabilized units in larger buildings for his or her personal use.

Legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately and shall apply to any tenant in possession at or after the time it takes effect, regardless of whether the landlord'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.