File #: Int 1042-2023    Version: * Name: Injunctive relief for lawful occupants of rental units.
Type: Introduction Status: Filed (End of Session)
Committee: Committee on Housing and Buildings
On agenda: 5/11/2023
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to injunctive relief for lawful occupants of rental units
Sponsors: Sandy Nurse, Shaun Abreu, Pierina Ana Sanchez, Chi A. Ossé, Carmen N. De La Rosa, Shekar Krishnan, Jennifer Gutiérrez, Althea V. Stevens, Alexa Avilés, Tiffany Cabán, Lincoln Restler, Kristin Richardson Jordan, Shahana K. Hanif, Diana I. Ayala, Amanda Farías, Christopher Marte, Charles Barron, Crystal Hudson, Julie Won, Carlina Rivera
Council Member Sponsors: 20
Summary: This bill would clarify that in tenant harassment claims, lawful occupants may not be denied injunctive relief, including restoration of possession, because they are not tenants, or on the basis that the court deems such restoration futile because the lawful occupant would be subject to a meritorious claim of possession against them, as long as no such judgment of possession has actually yet been granted.
Attachments: 1. Summary of Int. No. 1042, 2. Int. No. 1042, 3. May 11, 2023 - Stated Meeting Agenda, 4. Hearing Transcript - Stated Meeting 5-11-23, 5. Minutes of the Stated Meeting - May 11, 2023

Int. No. 1042

 

By Council Members Nurse, Abreu, Sanchez, Ossé, De La Rosa, Krishnan, Gutiérrez, Stevens, Avilés, Cabán, Restler, Richardson Jordan, Hanif, Ayala, Farías, Marte, Barron, Hudson, Won and Rivera

 

A Local Law to amend the administrative code of the city of New York, in relation to injunctive relief for lawful occupants of rental units

 

Be it enacted by the Council as follows:

 

Section 1. Subdivision b of section 27-2120 of the administrative code of the city of New York, as added by local law number 7 for the year 2008, is amended to read as follows:

b. Any tenant, or person or group of persons lawfully entitled to occupancy may individually or jointly apply to the housing part of the civil court for an order restraining the owner of the property from engaging in harassment. The housing part of the civil court may not deny an application for relief, including restoration of possession, on the basis that the person applying for such relief is not a tenant so long as such person is lawfully entitled to occupancy, or on the basis that the court deems restoration futile because the person applying for such relief would be subject to a meritorious claim of possession against them in a proceeding under article 7 of the real property actions and proceedings law, as long as no such judgment of possession has actually yet been granted. Except for an order on consent, such order may be granted upon or subsequent to a determination that a violation of subdivision d of section 27-2005 of this chapter has occurred.

§ 2. This local law takes effect immediately.

EH

LS #11382

4/24/23