Authorizes the owner of a rent regulated housing accommodation to evict a tenant, who is not 62 or older or disabled, for such owner's personal use

BILL NUMBER:S4033

Title of bill

An act to amend the administrative code of the city of New York, in relation to possession of a housing accommodation subject to the city rent and rehabilitation law by an owner for personal use and occupancy

Purpose

This bill amends the rent control laws to address the situation where property owners seek to obtain possession of apartments occupied by rent controlled tenants. The bill deletes the requirement that an owner prove an "immediate and compelling necessity" prior to taking occupancy of an apartment occupied by a rent controlled tenant. The bill also deletes the provision of existing law which prohibits an owner from taking occupancy of a rent controlled apartment where the tenant was residing in the apartment form more than twenty years.

Summary of provisions

This bill makes the owner occupancy provisions of the rent control law more similar to the requirements that are contained in the rent stabilization law. Under both the rent control and rent stabilization laws, an owner is authorized to take occupancy of an apartment occupied by a rent regulated tenant where the owner intends to use the apartment for themselves or for their immediate family. Unlike the rent stabilization law, however, the rent control law imposes additional, burdensome requirements. First, the owner must establish an "immediate and compelling necessity," for taking possession of the apartment, a virtually insurmountable standard and one which is far more difficult to meet than the standard that exists under rent stabilization. The rent controlled standard imposes an unreasonable obstacle to an owner's ability to use their own property for their own purposes.

Justification

This bill makes the owner occupancy provisions of the rent control law more similar to the requirements that are contained in the rent stabilization law. Under both the rent control and rent stabilization laws, an owner is authorized to take occupancy of an apartment occupied by a rent regulated tenant where the owner intends to use the apartment for themselves or for their immediate family. Unlike the rent stabilization law, however, the rent control law imposes additional, burdensome requirements. First, the owner must establish an "immediate and compelling necessity," for taking possession of the apartment, a virtually insurmountable standard and one which is far more difficult to meet than the standard that exists under rent stabilization. The rent controlled standard imposes an unreasonable obstacle to an owner's ability to use their own property for their own purposes.

Second, also unlike the rent stabilization law, an owner is prohibited from taking occupancy of a rent controlled apartment where the tenant has been in occupancy for twenty or more years. Rent controlled tenants who are 62 years of age or older or who suffer from any one of a number of disabilities have been and would continue to be protected

under the rent control law. However, there is no sound public policy justification for protecting other rent controlled tenants merely because they happen to live in their apartments for a particular length of time.

This bill is consistent with the requirements contained in the rent stabilization law, removes unreasonable obstacles for property owners who seek to use their own property for themselves or their immediate family, and continues the protections afforded under existing law to tenants who are 62 years of age or older or who are disabled.

Legislative history

S. 5152 /2012 Passed Senate

Fiscal implications

None.

Effective date

This act shall take effect immediately.