•  Summary 
  •  
  •  Actions 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 

S01010 Summary:

BILL NOS01010
 
SAME ASNo same as
 
SPONSORSTEWART-COUSINS
 
COSPNSRADAMS, ADDABBO, AVELLA, DIAZ, DILAN, HASSELL-THOMPSON, HUNTLEY, KLEIN, KRUEGER, PARKER, PERALTA, PERKINS, SAVINO, SERRANO, SQUADRON, STAVISKY
 
MLTSPNSR
 
Amd S5, Emerg Ten Prot Act of 1974
 
Relates to limited profit housing companies.
Go to top

S01010 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1010
 
                               2011-2012 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 5, 2011
                                       ___________
 
        Introduced  by  Sens.  STEWART-COUSINS,  ADAMS,  ADDABBO,  DIAZ,  DILAN,
          HASSELL-THOMPSON, HUNTLEY, KLEIN, KRUEGER, PARKER,  PERALTA,  PERKINS,
          SAVINO, SERRANO, SQUADRON, STAVISKY -- read twice and ordered printed,
          and  when  printed  to  be  committed  to  the  Committee  on Housing,

          Construction and Community Development
 
        AN ACT to amend the emergency tenant protection act of  nineteen  seven-
          ty-four,  in  relation  to  limited-profit housing companies and other
          buildings or structures which received project-based rental assistance
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.    Legislative  findings and declaration of emergency. The
     2  legislature hereby finds and declares that the serious public  emergency
     3  which  led  to the enactment of the existing laws regulating residential
     4  rents and evictions continues to exist;  that  such  laws  would  better
     5  serve  the public interest if certain changes were made thereto, includ-
     6  ing extending to certain cities, towns and  villages  the  authority  to

     7  provide for the regulation of rents and evictions with regard to housing
     8  accommodations  that  cease  or  have ceased to be regulated pursuant to
     9  article 2 of the private housing finance law, known as the Mitchell-Lama
    10  law, or pursuant to project-based section eight contracts  entered  into
    11  with the federal government.
    12    The  legislature  further  recognizes  that  severe  disruption of the
    13  rental housing market has occurred and threatens to be exacerbated as  a
    14  result  of  the  abrupt termination of rent and eviction regulation when
    15  buildings exit the Mitchell-Lama program or when buildings cease  to  be
    16  subject  to  project-based  section  eight  contracts. The situation had
    17  permitted speculative and profiteering practices and has  brought  about
    18  the  loss  of  vital  and  irreplaceable  affordable housing for working
    19  persons and families.
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04041-01-1

        S. 1010                             2
 
     1    The legislature therefore declares that in order to prevent uncertain-
     2  ty, potential hardship and dislocation  of  tenants  living  in  housing
     3  accommodations  subject  to  government  regulations  as  to rentals and
     4  continued occupancy as well as those not subject  to  such  regulations,
     5  the  provisions  of this act are necessary to protect the public health,
     6  safety and general welfare. The necessity in the public interest for the
     7  provisions hereinafter enacted is hereby declared as a matter of  legis-
     8  lative determination.

     9    § 2. Section 5 of section 4 of chapter 576 of the laws of 1974 consti-
    10  tuting  the  emergency tenant protection act of nineteen seventy-four is
    11  amended by adding a new subdivision c to read as follows:
    12    c. Notwithstanding any other provision of this section, nothing  shall
    13  prevent  the  declaration  of  an emergency pursuant to section three of
    14  this act for rental  housing  accommodations  located  in  buildings  or
    15  structures  completed  or  substantially renovated as family units on or
    16  after January first, nineteen hundred seventy-four: (i)  which  have  or
    17  had been owned, leased or operated by a company established or operating
    18  under article two of the private housing finance law, other than a mutu-
    19  al  company,  and  which are no longer owned, leased or operated by such

    20  company by reason of a voluntary dissolution pursuant to  section  thir-
    21  ty-five  of  such  law  or  (ii)  which were defined as covered projects
    22  pursuant to section 8 of the United States housing act of nineteen thir-
    23  ty-seven, as amended, or any  successor  statute,  and  any  regulations
    24  promulgated  thereunder  in which rental housing accommodations received
    25  project-based rental assistance from the  United  States  department  of
    26  housing  and  urban development pursuant to contracts with the owners of
    27  such buildings or structures which expired  or  were  terminated.    The
    28  initial  legal  regulated  rent  for  housing  accommodations located in
    29  buildings or structures that have or had been owned, leased or  operated

    30  by  housing companies or that were covered projects previously regulated
    31  under the private housing finance law or under federal law, shall be the
    32  rent charged to and paid by the tenant in occupancy  on  January  first,
    33  two  thousand seven or, for accommodations vacant on such date, the most
    34  recent rent charged to and paid by a tenant prior to such date,  includ-
    35  ing  any income-related surcharges, as adjusted by all applicable guide-
    36  lines increases and other increases authorized by  law,  notwithstanding
    37  any  written  lease  or  agreement  between  the tenant and the landlord
    38  establishing or agreeing to any increases in rent on  or  after  January
    39  first,  two  thousand  seven,  provided no landlord shall be required to

    40  refund any rent paid by a tenant in excess of such adjusted rent.
    41    § 3. The provisions of subdivision a of section  9  of  the  emergency
    42  tenant  protection  act  of nineteen seventy-four or of subdivision a of
    43  section 26-513 of the administrative code of the city of New York  shall
    44  not apply to any housing accommodation which became subject to the emer-
    45  gency  tenant  protection  act  of nineteen seventy-four pursuant to the
    46  provisions of subdivision c of section 5 of section 4 of chapter 576  of
    47  the  laws  of  1974, as added by section two of this act, or to any such
    48  housing  accommodation  otherwise  subject  to  the   emergency   tenant
    49  protection  act  of nineteen seventy-four by reason of its location in a
    50  building completed or substantially renovated as family units  prior  to
    51  January first, nineteen hundred seventy-four.

    52    § 4. This act shall take effect immediately and shall apply to housing
    53  accommodations  located  in  buildings  or  structures  owned by housing
    54  companies that dissolved on, before or after such date  and  to  housing
    55  accommodations in buildings or structures that were covered projects and
    56  had  contracts for rental assistance that expired or were terminated on,

        S. 1010                             3
 
     1  before or after such date; provided that the amendments to section 5  of
     2  the  emergency  tenant  protection  act of nineteen seventy-four made by
     3  section two of this act shall expire  on  the  same  date  as  such  act
     4  expires  and  shall not affect the expiration of such act as provided in
     5  section 17 of chapter 576 of the laws of 1974.
Go to top