A02593 Summary:

BILL NOA02593A
 
SAME ASNo same as
 
SPONSORLopez V (MS)
 
COSPNSRGottfried, Rosenthal, Kavanagh, Wright, O'Donnell, Ortiz, Castro, Lentol
 
MLTSPNSRBrook-Krasny, Farrell, Glick, Hooper, Jacobs, Jeffries, Perry
 
Amd S26-511, NYC Ad Cd; amd S10, Emerg Ten Prot Act of 1974
 
Limits the amount of rent increase after the vacancy of a housing accommodation.
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A02593 Actions:

BILL NOA02593A
 
01/19/2011referred to housing
01/04/2012referred to housing
04/11/2012amend and recommit to housing
04/11/2012print number 2593a
04/18/2012reported
04/19/2012advanced to third reading cal.446
06/13/2012passed assembly
06/13/2012delivered to senate
06/13/2012REFERRED TO RULES
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A02593 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2593--A
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 19, 2011
                                       ___________
 
        Introduced by M. of A. V. LOPEZ, GOTTFRIED, ROSENTHAL, KAVANAGH, WRIGHT,
          O'DONNELL,  ORTIZ  --  Multi-Sponsored  by  --  M. of A. BROOK-KRASNY,
          FARRELL, GLICK, HOOPER, JACOBS,  JEFFRIES,  PERRY  --  read  once  and
          referred  to  the Committee on Housing -- 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 administrative code of the city of New York and the
          emergency tenant protection act of nineteen seventy-four, in  relation
          to limiting rent increase after vacancy of a housing accommodation
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph 5-a of subdivision c of  section  26-511  of  the
     2  administrative  code of the city of New York, as amended by section 7 of
     3  part B of chapter 97 of the laws of 2011, is amended to read as follows:
     4    (5-a) provides that, notwithstanding any provision  of  this  chapter,
     5  the  legal  regulated  rent for any vacancy lease entered into after the
     6  effective date of this paragraph shall be  as  hereinafter  provided  in

     7  this  paragraph.  The  previous  legal  regulated  rent for such housing
     8  accommodation shall be increased by the following: (i)  if  the  vacancy
     9  lease  is  for a term of two years, [twenty] ten percent of the previous
    10  legal regulated rent; or (ii) if the vacancy lease is for a term of  one
    11  year  the  increase  shall be [twenty] ten percent of the previous legal
    12  regulated rent less an amount equal to the difference  between  (a)  the
    13  two  year renewal lease guideline promulgated by the guidelines board of
    14  the city of New York applied to the previous legal  regulated  rent  and
    15  (b)  the  one year renewal lease guideline promulgated by the guidelines
    16  board of the city of New York applied to the  previous  legal  regulated
    17  rent.  In  addition,  if the legal regulated rent was not increased with

    18  respect to such housing accommodation by a permanent  vacancy  allowance
    19  within  eight  years  prior  to a vacancy lease executed on or after the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00241-02-2

        A. 2593--A                          2
 
     1  effective date of this  paragraph,  the  legal  regulated  rent  may  be
     2  further  increased  by  an  amount  equal  to the product resulting from
     3  multiplying such previous legal regulated  rent  by  six-tenths  of  one
     4  percent  and  further  multiplying the amount of rent increase resulting
     5  therefrom by the greater of (A) the number of years since the imposition
     6  of the last permanent vacancy allowance, or (B)  if  the  rent  was  not

     7  increased  by  a  permanent vacancy allowance since the housing accommo-
     8  dation became subject to this chapter, the number  of  years  that  such
     9  housing accommodation has been subject to this chapter. Provided that if
    10  the  previous  legal  regulated rent was less than three hundred dollars
    11  the total increase shall be as calculated above plus one hundred dollars
    12  per month. Provided, further, that if the previous legal regulated  rent
    13  was at least three hundred dollars and no more than five hundred dollars
    14  in  no event shall the total increase pursuant to this paragraph be less
    15  than one hundred dollars per month. Such increase shall be  in  lieu  of
    16  any allowance authorized for the one or two year renewal component ther-
    17  eof, but shall be in addition to any other increases authorized pursuant
    18  to  this  chapter  including  an  adjustment  based upon a major capital

    19  improvement, or a substantial modification or increase of dwelling space
    20  or services, or installation of new equipment  or  improvements  or  new
    21  furniture  or  furnishings  provided  in or to the housing accommodation
    22  pursuant to this section. The increase authorized in this paragraph  may
    23  not  be  implemented  more  than one time in any calendar year, notwith-
    24  standing the number of vacancy leases entered into in such year.
    25    § 2. Subdivision (a-1) of section 10 of section 4 of  chapter  576  of
    26  the  laws  of  1974, constituting the emergency tenant protection act of
    27  nineteen seventy-four, as amended by section 8 of part B of  chapter  97
    28  of the laws of 2011, is amended to read as follows:
    29    (a-1)  provides  that,  notwithstanding any provision of this act, the
    30  legal regulated rent for any vacancy lease entered into after the effec-

    31  tive date of this subdivision shall be as hereinafter set  forth.    The
    32  previous  legal  regulated  rent for such housing accommodation shall be
    33  increased by the following: (i) if the vacancy lease is for  a  term  of
    34  two years, [twenty] ten percent of the previous legal regulated rent; or
    35  (ii)  if  the vacancy lease is for a term of one year the increase shall
    36  be [twenty] ten percent of the previous legal  regulated  rent  less  an
    37  amount  equal  to  the difference between (a) the two year renewal lease
    38  guideline promulgated by the guidelines board of the county in which the
    39  housing accommodation is located applied to the previous legal regulated
    40  rent and (b) the one year renewal lease  guideline  promulgated  by  the
    41  guidelines  board  of  the  county in which the housing accommodation is

    42  located applied to the previous legal regulated rent.  In  addition,  if
    43  the  legal regulated rent was not increased with respect to such housing
    44  accommodation by a permanent vacancy allowance within eight years  prior
    45  to  a  vacancy  lease  executed  on  or after the effective date of this
    46  subdivision, the legal regulated rent may be  further  increased  by  an
    47  amount  equal  to  the  product resulting from multiplying such previous
    48  legal regulated rent by six-tenths of one percent and further  multiply-
    49  ing  the  amount  of rent increase resulting therefrom by the greater of
    50  (A) the number of years since  the  imposition  of  the  last  permanent
    51  vacancy  allowance,  or (B) if the rent was not increased by a permanent
    52  vacancy allowance since the housing accommodation became subject to this
    53  act, the number of  years  that  such  housing  accommodation  has  been

    54  subject  to this act. Provided that if the previous legal regulated rent
    55  was less than three hundred dollars  the  total  increase  shall  be  as
    56  calculated  above plus one hundred dollars per month. Provided, further,

        A. 2593--A                          3
 
     1  that if the previous legal regulated rent was  at  least  three  hundred
     2  dollars  and  no  more  than  five hundred dollars in no event shall the
     3  total increase pursuant to this subdivision be  less  than  one  hundred
     4  dollars  per  month.  Such  increase  shall  be in lieu of any allowance
     5  authorized for the one or two year renewal component thereof, but  shall
     6  be  in  addition  to any other increases authorized pursuant to this act
     7  including an adjustment based upon a major  capital  improvement,  or  a
     8  substantial  modification  or increase of dwelling space or services, or

     9  installation of new  equipment  or  improvements  or  new  furniture  or
    10  furnishings  provided  in  or  to  the housing accommodation pursuant to
    11  section six of this act.  The increase authorized  in  this  subdivision
    12  may not be implemented more than one time in any calendar year, notwith-
    13  standing the number of vacancy leases entered into in such year.
    14    §  3. This act shall take effect immediately; provided that the amend-
    15  ments to section 26-511  of  the  rent  stabilization  law  of  nineteen
    16  hundred  sixty-nine  made by section one of this act shall expire on the
    17  same date as such law expires and shall not  affect  the  expiration  of
    18  such  law  as  provided  under section 26-520 of such law; and provided,
    19  further, that the amendments  to  section  4  of  the  emergency  tenant
    20  protection  act of nineteen seventy-four made by section two of this act

    21  shall expire on the same date as such act expires and shall  not  affect
    22  the  expiration  of such act as provided in section 17 of chapter 576 of
    23  the laws of 1974.
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