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A01364 Summary:

BILL NOA01364A
 
SAME ASNo same as
 
SPONSORJeffries (MS)
 
COSPNSRRobinson, Farrell, Colton, O'Donnell, Jacobs, Jaffee, Clark, Ortiz, Lancman, Wright, Kavanagh, Camara, Rosenthal, Kellner, Dinowitz, Castro
 
MLTSPNSRBoyland, Brennan, Glick, Gottfried, Heastie, Hooper, Perry, Rivera J, Schimel
 
Amd S10, Emerg Ten Prot Act of 1974; amd S26-511, NYC Ad Cd
 
Prohibits an owner from adjusting the amount of preferential rent, rent charged and paid by the tenant which is less than the legal regulated rent for the housing accommodation, upon the renewal of a lease; only allows the owner to make such adjustments upon a vacancy which is not the result of the failure of the owner to maintain a habitable residence.
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A01364 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1364--A
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 5, 2011
                                       ___________
 
        Introduced  by  M. of A. JEFFRIES, ROBINSON, FARRELL, COLTON, O'DONNELL,
          JACOBS, JAFFEE,  CLARK,  ORTIZ,  LANCMAN,  WRIGHT,  KAVANAGH,  CAMARA,
          ROSENTHAL,  KELLNER,  DINOWITZ  --  Multi-Sponsored  by  --  M.  of A.
          BOYLAND, BRENNAN, CASTRO, GLICK, GOTTFRIED,  HEASTIE,  HOOPER,  PERRY,

          J. RIVERA, SCHIMEL -- read once and referred to the Committee on Hous-
          ing  --  recommitted  to  the  Committee on Housing in accordance with
          Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
 
        AN ACT to amend the emergency tenant protection act of  nineteen  seven-
          ty-four  and  the  administrative  code  of  the  city of New York, in
          relation to the regulation of rents
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision (a-2) of section 10 of section 4 of chapter 576
     2  of the laws of 1974, constituting the emergency tenant protection act of
     3  nineteen  seventy-four, as amended by section 13 of part B of chapter 97
     4  of the laws of 2011, is amended to read as follows:

     5    (a-2) Provides that where the amount of rent charged to  and  paid  by
     6  the  tenant is less than the legal regulated rent for the housing accom-
     7  modation, the amount of rent for such housing accommodation which may be
     8  charged [upon renewal or] upon vacancy thereof may, at the option of the
     9  owner, be based upon such previously established legal  regulated  rent,
    10  as adjusted by [the most recent] all applicable guidelines increases and
    11  other  increases authorized by law; provided, however, that such vacancy
    12  shall not be caused by the failure of the  owner  or  an  agent  of  the
    13  owner,  to  maintain  the  housing  accommodation in compliance with the
    14  warranty of habitability set forth in subdivision  one  of  section  two

    15  hundred  thirty-five-b  of  the real property law.  Where, subsequent to
    16  vacancy, such legal regulated rent,  as  adjusted  by  the  most  recent
    17  applicable  guidelines  increases  and any other increases authorized by
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01227-04-2

        A. 1364--A                          2
 
     1  law is two thousand dollars or more per month or, for any housing accom-
     2  modation which is or becomes vacant on or after the  effective  date  of
     3  the  rent  act of 2011, is two thousand five hundred dollars or more per
     4  month,  such housing accommodation shall be excluded from the provisions

     5  of this act pursuant to paragraph thirteen of subdivision a  of  section
     6  five of this act.
     7    §  2.  Paragraph 14 of subdivision c of section 26-511 of the adminis-
     8  trative code of the city of New York, as amended by section 14 of part B
     9  of chapter 97 of the laws of 2011, is amended to read as follows:
    10    (14) provides that where the amount of rent charged to and paid by the
    11  tenant is less than the legal regulated rent for  the  housing  accommo-
    12  dation,  the  amount of rent for such housing accommodation which may be
    13  charged [upon renewal or] upon vacancy thereof may, at the option of the
    14  owner, be based upon such previously established legal  regulated  rent,
    15  as  adjusted  by the most recent applicable guidelines increases and any
    16  other increases authorized by law; provided, however, that such  vacancy

    17  shall  not  be  caused  by  the  failure of the owner or an agent of the
    18  owner, to maintain the housing  accommodation  in  compliance  with  the
    19  warranty  of  habitability  set  forth in subdivision one of section two
    20  hundred thirty-five-b of the real property law.   Where,  subsequent  to
    21  vacancy, such legal regulated rent, as adjusted by [the most recent] all
    22  applicable  guidelines  increases  and any other increases authorized by
    23  law is two thousand dollars or more per month or, for any housing accom-
    24  modation which is or becomes vacant on or after the  effective  date  of
    25  the  rent  act of 2011, is two thousand five hundred dollars or more per
    26  month, such housing accommodation shall be excluded from the  provisions
    27  of this law pursuant to section 26-504.2 of this chapter.

    28    §  3.  This act shall take effect immediately; provided, however, that
    29  the amendments to section 10 of the emergency tenant protection  act  of
    30  nineteen  seventy-four  made  by section one of this act shall expire on
    31  the same date as such act expires and shall not affect the expiration of
    32  such act as provided in section 17 of chapter 576 of the laws  of  1974;
    33  and provided, further, that the amendments to section 26-511 of the rent
    34  stabilization  law of nineteen hundred sixty-nine made by section two of
    35  this act shall expire on the same date as such law expires and shall not
    36  affect the expiration of such law as provided under  section  26-520  of
    37  such law.
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