Amd S4, Emerg Ten Prot Act of 1974; amd S26-510, NYC Ad Cd
Prohibits a county rent guidelines board from establishing rent adjustments for class A dwelling units based on the current rental cost of a unit or on the amount of time that has elapsed since another rent increase authorized was authorized.
STATE OF NEW YORK
________________________________________________________________________
5603--A
2011-2012 Regular Sessions
IN SENATE
June 6, 2011
___________
Introduced by Sens. ESPAILLAT, SQUADRON -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Housing,
Construction and Community Development -- recommitted to the Committee
on Housing, Construction and Community Development in accordance with
Senate Rule 6, sec. 8 -- 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 prohibiting a county rent guidelines board from establish-
ing rent adjustments for class A dwelling units based on certain
considerations
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The opening paragraph of subdivision b of section 4 of
2 section 4 of chapter 576 of the laws of 1974, constituting the emergency
3 tenant protection act of nineteen seventy-four, as amended by chapter
4 403 of the laws of 1983, is amended to read as follows:
5 A county rent guidelines board shall establish annually guidelines for
6 rent adjustments which, at its sole discretion may be varied and differ-
7 ent for and within the several zones and jurisdictions of the board, and
8 in determining whether rents for housing accommodations as to which an
9 emergency has been declared pursuant to this act shall be adjusted,
10 shall consider among other things (1) the economic condition of the
11 residential real estate industry in the affected area including such
12 factors as the prevailing and projected (i) real estate taxes and sewer
13 and water rates, (ii) gross operating maintenance costs (including
14 insurance rates, governmental fees, cost of fuel and labor costs), (iii)
15 costs and availability of financing (including effective rates of inter-
16 est), (iv) over-all supply of housing accommodations and over-all vacan-
17 cy rates, (2) relevant data from the current and projected cost of
18 living indices for the affected area, (3) such other data as may be made
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10708-03-2
S. 5603--A 2
1 available to it. As soon as practicable after its creation and thereaft-
2 er not later than July first of each year, a rent guidelines board shall
3 file with the state division of housing and community renewal its find-
4 ings for the preceding calendar year, and shall accompany such findings
5 with a statement of the maximum rate or rates of rent adjustment, if
6 any, for one or more classes of accommodation subject to this act,
7 authorized for leases or other rental agreements commencing during the
8 next succeeding twelve months. The standards for rent adjustments may be
9 applicable for the entire county or may be varied according to such
10 zones or jurisdictions within such county as the board finds necessary
11 to achieve the purposes of this subdivision. A county rent guidelines
12 board shall not establish annual guidelines for rent adjustments based
13 on the current rental cost of a unit or on the amount of time that has
14 elapsed since another rent increase was authorized pursuant to this
15 chapter.
16 § 2. Subdivision b of section 26-510 of the administrative code of
17 the city of New York is amended to read as follows:
18 b. The rent guidelines board shall establish annually guidelines for
19 rent adjustments, and in determining whether rents for housing accommo-
20 dations subject to the emergency tenant protection act of nineteen
21 seventy-four or this law shall be adjusted shall consider, among other
22 things (1) the economic condition of the residential real estate indus-
23 try in the affected area including such factors as the prevailing and
24 projected (i) real estate taxes and sewer and water rates, (ii) gross
25 operating maintenance costs (including insurance rates, governmental
26 fees, cost of fuel and labor costs), (iii) costs and availability of
27 financing (including effective rates of interest), (iv) over-all supply
28 of housing accommodations and over-all vacancy rates, (2) relevant data
29 from the current and projected cost of living indices for the affected
30 area, (3) such other data as may be made available to it. Not later than
31 July first of each year, the rent guidelines board shall file with the
32 city clerk its findings for the preceding calendar year, and shall
33 accompany such findings with a statement of the maximum rate or rates of
34 rent adjustment, if any, for one or more classes of accommodations
35 subject to this law, authorized for leases or other rental agreements
36 commencing on the next succeeding October first or within the twelve
37 months thereafter. Such findings and statement shall be published in the
38 City Record. The rent guidelines board shall not establish annual
39 guidelines for rent adjustments based on the current rental cost of a
40 unit or on the amount of time that has elapsed since another rent
41 increase was authorized pursuant to this title.
42 § 3. This act shall take effect immediately; provided that the amend-
43 ments to section 4 of section 4 of chapter 576 of the laws of 1974,
44 constituting the emergency tenant protection act of nineteen seventy-
45 four, made by section one of this act, shall not affect the expiration
46 of such section and shall be deemed to expire therewith; and provided
47 further that the amendments to subdivision b of section 26-510 of the
48 administrative code of the city of New York made by section two of this
49 act, shall not affect the expiration of such subdivision and shall be
50 deemed to expire therewith.
