New York A 7489: Relates to victim compensation for unlawful surveillance crimes

Status: SIGNED CHAP.239 (as of 2022-06-30)

State: New York · Session: 2021-2022 · Bill: A 7489

Sponsors: WALLACE

Bill Text

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A07489 Summary:

BILL NOA07489 

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SAME ASNo Same As

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SPONSORNovakhov

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COSPNSRFitzpatrick

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MLTSPNSR

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Amd §26-408, NYC Ad Cd; amd §5, Emerg Hous Rent Cont L; amd §10, Emerg Ten Prot Act of 1974

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Removes certain restrictions relating to the "immediate and compelling necessity" of the landlord on a landlord's ability in certain New York city apartments which are rent stabilized or rent controlled to recover possession of a housing accommodation for such landlord's own personal use and occupancy or for the use and occupancy of such landlord's immediate family.

Go to top A07489 Actions:

BILL NOA07489 

&nbsp

03/28/2025referred to housing

01/07/2026referred to housing

Go to topA07489 Committee&nbspVotes:

Go to topA07489 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA07489 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7489

 2025-2026 Regular Sessions

 IN ASSEMBLY

 March 28, 2025
 ___________

 Introduced by M. of A. NOVAKHOV, FITZPATRICK -- read once and referred
 to the Committee on Housing

 AN ACT to amend the administrative code of the city of New York, the
 emergency housing rent control law and the emergency tenant protection
 act of nineteen seventy-four, in relation to the eviction of tenants
 on grounds of landlord's 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, as amended by section 1 of
 3 part I of chapter 36 of the laws of 2019, is amended to read as follows:
 4 (1) The landlord seeks in good faith to recover possession of a hous-
 5 ing accommodation [because of immediate and compelling necessity] for
 6 [his or her] such landlord's own personal use and occupancy as [his or
 7 her] such landlord's primary residence or for the use and occupancy of
 8 [his or her] such landlord's immediate family as their primary residence
 9 [provided, however, that this subdivision shall permit recovery of only
 10 one housing accommodation and shall not apply where a member of the
 11 household lawfully occupying the housing accommodation is sixty-two
 12 years of age or older, has been a tenant in a housing accommodation in
 13 that building for fifteen years or more, or has an impairment which
 14 results from anatomical, physiological or psychological conditions,
 15 other than addiction to alcohol, gambling, or any controlled substance,
 16 which are demonstrable by medically acceptable clinical and laboratory
 17 diagnostic techniques, and which are expected to be permanent and which
 18 prevent the tenant from engaging in any substantial gainful employment];
 19 provided, further, that a tenant required to surrender a housing accom-
 20 modation by virtue of the operation of subdivision g or h of this
 21 section shall have a cause of action in any court of competent jurisdic-
 22 tion for damages, declaratory, and injunctive relief against a landlord
 23 or purchaser of the premises who makes a fraudulent statement regarding

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03967-01-5

 A. 7489 2

 1 a proposed use of the housing accommodation. In any action or proceeding
 2 brought pursuant to this paragraph a prevailing tenant shall be entitled
 3 to recovery of actual damages, and reasonable attorneys' fees; or
 4 § 2. Paragraph (a) of subdivision 2 of section 5 of chapter 274 of the
 5 laws of 1946, constituting the emergency housing rent control law, as
 6 amended by section 16 of part Q of chapter 39 of the laws of 2019, is
 7 amended to read as follows:
 8 (a) the landlord seeks in good faith to recover possession of a hous-
 9 ing accommodation [because of immediate and compelling necessity] for
 10 [his or her] such landlord's own personal use and occupancy as [his or
 11 her] such landlord's primary residence or for the use and occupancy of
 12 [his or her] such landlord's immediate family as their primary resi-
 13 dence[; provided, however, this subdivision shall permit recovery of
 14 only one housing accommodation and shall not apply where a member of

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