New York A 2422: Relates to enforcement of the freshwater wetland law

Status: REFERRED TO ENVIRONMENTAL CONSERVATION (as of 2020-01-08)

State: New York · Session: 2019-2020 · Bill: A 2422

Sponsors: ENGLEBRIGHT

Bill Text

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A02422 Summary:

BILL NOA02422 

&nbsp

SAME ASNo Same As

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SPONSORRosenthal

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COSPNSR

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MLTSPNSR

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Amd §26-511, NYC Ad Cd

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Relates to recovery of certain housing accommodations by a landlord.

Go to top A02422 Actions:

BILL NOA02422 

&nbsp

01/16/2025referred to housing

01/07/2026referred to housing

Go to topA02422 Committee&nbspVotes:

Go to topA02422 Floor&nbspVotes:

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

Go to topA02422 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2422

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 16, 2025
 ___________

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

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05683-01-5

 A. 2422 2

 1 her] such owner's immediate family. A dwelling unit recovered by an
 2 owner pursuant to this subparagraph shall not for a period of three
 3 years be rented, leased, subleased or assigned to any person other than
 4 a person for whose benefit recovery of the dwelling unit is permitted
 5 pursuant to this subparagraph or to the tenant in occupancy at the time
 6 of recovery under the same terms as the original lease; provided, howev-
 7 er, that a tenant required to surrender a dwelling unit under this
 8 subparagraph shall have a cause of action in any court of competent
 9 jurisdiction for damages, declaratory, and injunctive relief against a
 10 landlord or purchaser of the premises who makes a fraudulent statement
 11 regarding a proposed use of the housing accommodation. In any action or
 12 proceeding brought pursuant to this subparagraph a prevailing tenant
 13 shall be entitled to recovery of actual damages, and reasonable attor-
 14 neys' fees. This subparagraph shall not be deemed to establish or elimi-
 15 nate any claim that the former tenant of the dwelling unit may otherwise
 16 have against the owner. Any such rental, lease, sublease or assignment
 17 during such period to any other person may be subject to a penalty of a
 18 forfeiture of the right to any increases in residential rents in such
 19 building for a period of three years; or
 20 § 2. This act sha

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