BILL NO S05699A
SAME AS SAME AS A01892-B
SPONSOR ESPAILLAT
COSPNSR AVELLA, KRUEGER, PERKINS, SQUADRON, STAVISKY
MLTSPNSR
Amd S26-405, NYC Ad Cd; amd S4, Emerg Hous Rent Cont L
Relates to the establishment of rent adjustments in NYC and Westchester and
Nassau counties; suspends operations of the maximum base rent program.
S T A T E O F N E W Y O R K
________________________________________________________________________
5699--A
2011-2012 Regular Sessions
I N S E N A T E
June 10, 2011
___________
Introduced by Sens. ESPAILLAT, AVELLA, KRUEGER, PERKINS, SQUADRON,
STAVISKY -- read twice and ordered printed, 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 administrative code of the city of New York and the
emergency housing rent control law, in relation to the establishment
of rent adjustments
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision a of section 26-405 of the administrative code
2 of the city of New York is amended by adding a new paragraph 10 to read
3 as follows:
4 (10) (A) NOTWITHSTANDING ANY CONTRARY PROVISIONS OF THIS SUBDIVISION,
5 EFFECTIVE JANUARY FIRST, TWO THOUSAND THIRTEEN, MAXIMUM RENTS FOR HOUS-
6 ING ACCOMMODATIONS SUBJECT TO THIS CHAPTER SHALL NO LONGER BE ESTAB-
7 LISHED PURSUANT TO PARAGRAPHS THREE AND FOUR OF THIS SUBDIVISION, OR
8 LIMITED BY PARAGRAPH FIVE OF THIS SUBDIVISION, OR ADJUSTED BY SUBPARA-
9 GRAPH (L) OR (N) OF PARAGRAPH ONE OF SUBDIVISION G OF THIS SECTION.
10 (B) EXCEPT AS OTHERWISE PROVIDED IN THIS PARAGRAPH, THE RENT GUIDE-
11 LINES BOARD ESTABLISHED PURSUANT TO SECTION 26-510 OF THIS TITLE SHALL
12 ESTABLISH ANNUAL RATES OF RENT ADJUSTMENT FOR THE CLASS OF HOUSING
13 ACCOMMODATIONS SUBJECT TO THIS CHAPTER, IN THE MANNER PROVIDED BY SUCH
14 SECTION. THE FACT THAT THE HOUSING ACCOMMODATION IS SUBJECT TO THIS
15 CHAPTER MAY NOT BE CONSIDERED AS A FACTOR IN DETERMINING THE RATE OF
16 RENT ADJUSTMENT. NOT LATER THAN OCTOBER FIRST, TWO THOUSAND TWELVE, AND
17 NOT LATER THAN OCTOBER FIRST ANNUALLY THEREAFTER, THE RENT GUIDELINES
18 BOARD SHALL FILE WITH THE CITY CLERK AND THE DIVISION OF HOUSING AND
19 COMMUNITY RENEWAL ITS FINDINGS ESTABLISHED IN CONSIDERATION OF THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02246-13-2
S. 5699--A 2
1 ECONOMIC FACTORS LISTED IN SUBDIVISION B OF SECTION 26-510 OF THIS
2 TITLE, AND SHALL ACCOMPANY SUCH FINDINGS WITH A STATEMENT OF THE MAXIMUM
3 RATE OR RATES OF RENT ADJUSTMENT, IF ANY, FOR ONE OR MORE CLASSES OF
4 ACCOMMODATIONS SUBJECT TO THIS CHAPTER AUTHORIZED FOR THE ADJUSTMENT OF
5 THE MAXIMUM RENT OF THE HOUSING ACCOMMODATION FOR THE TWELVE MONTH PERI-
6 OD COMMENCING JANUARY FIRST, TWO THOUSAND THIRTEEN AND FOR EACH SUCCEED-
7 ING TWELVE MONTH PERIOD.
8 (C) EFFECTIVE JANUARY FIRST, TWO THOUSAND THIRTEEN, THE MAXIMUM RENT
9 COLLECTIBLE FROM THE TENANT SHALL BE THE MAXIMUM RENT COLLECTIBLE ON
10 DECEMBER THIRTY-FIRST, TWO THOUSAND TWELVE, AS SUCH RENT MAY BE ADJUSTED
11 PURSUANT TO SUBPARAGRAPH (B) OF THIS PARAGRAPH ANNUALLY, WITHOUT AN
12 ORDER OF THE CITY RENT AGENCY, OR AS ADJUSTED PURSUANT TO ANY OTHER
13 PROVISION OF THIS CHAPTER, PROVIDED THAT A LANDLORD SHALL NOT COLLECT
14 ANY RENT INCREASE OR ADJUSTMENT OTHERWISE COLLECTIBLE UNDER SUBPARAGRAPH
15 (B) OF THIS PARAGRAPH UNLESS AND UNTIL THE FIRST RENT PAYMENT DATE AFTER
16 THE LANDLORD CERTIFIES TO THE CITY RENT AGENCY THAT ALL RENT IMPAIRING
17 VIOLATIONS, AS DEFINED BY SECTION THREE HUNDRED TWO-A OF THE MULTIPLE
18 DWELLING LAW, AND AT LEAST EIGHTY PER CENTUM OF ALL OTHER VIOLATIONS OF
19 THE HOUSING MAINTENANCE CODE OR OTHER STATE OR LOCAL LAWS THAT IMPOSE
20 REQUIREMENTS ON PROPERTY AND WHICH WERE RECORDED AGAINST THE PROPERTY ON
21 JULY FIRST, TWO THOUSAND TWELVE, OR JULY FIRST OF THE YEAR PRECEDING THE
22 ADJUSTMENT, WHICHEVER IS LATER, HAVE BEEN CLEARED, CORRECTED OR ABATED
23 AND THE LANDLORD HAS RECEIVED AN ORDER OF ELIGIBILITY FROM THE CITY RENT
24 AGENCY THAT THE VIOLATION CLEARING REQUIREMENTS SET FORTH ABOVE HAVE
25 BEEN MET AND FURTHER AUTHORIZING THE LANDLORD TO COLLECT ANY RENT
26 INCREASE OR ADJUSTMENT AUTHORIZED PURSUANT TO SUBPARAGRAPH (B) OF THIS
27 PARAGRAPH, AND THE LANDLORD HAS SERVED SUCH ORDER UPON THE TENANT RESID-
28 ING IN THE HOUSING ACCOMMODATION AND THAT THE LANDLORD HAS MAINTAINED
29 ALL ESSENTIAL AND REQUIRED SERVICES PURSUANT TO SECTIONS 2202.16 AND
30 2102.4 OF THE NEW YORK CITY RENT AND EVICTION REGULATIONS. ANY HOUSING
31 ACCOMMODATION FOR WHICH A RENT INCREASE PURSUANT TO PARAGRAPHS THREE AND
32 FOUR OF THIS SUBDIVISION HAS TAKEN EFFECT ON OR AFTER JULY FIRST, TWO
33 THOUSAND TWELVE SHALL NOT BE SUBJECT TO AN INITIAL RENT ADJUSTMENT
34 PURSUANT TO THIS SUBPARAGRAPH UNTIL JANUARY FIRST, TWO THOUSAND FOUR-
35 TEEN.
36 (D) MAXIMUM RATES OF RENT ADJUSTMENT SHALL NOT BE ESTABLISHED MORE
37 THAN ONCE ANNUALLY FOR ANY HOUSING ACCOMMODATION SUBJECT TO THIS CHAPTER
38 WITHIN THE RENT GUIDELINES BOARD'S JURISDICTION. ONCE ESTABLISHED, NO
39 SUCH RATE SHALL BE ADJUSTED BY ANY SURCHARGE, SUPPLEMENTARY ADJUSTMENT,
40 REOPENER OR OTHER MODIFICATION.
41 (E) NOTHING CONTAINED IN THIS PARAGRAPH SHALL ALTER, RESTRICT OR
42 IMPAIR AN OWNER'S RIGHT TO ESTABLISH THE INITIAL REGULATED RENT FOR
43 ACCOMMODATIONS SUBJECT TO THIS CHAPTER WHICH BECOME VACANT.
44 S 2. Section 4 of chapter 274 of the laws of 1946, constituting the
45 emergency housing rent control law, is amended by adding a new subdivi-
46 sion 9 to read as follows:
47 9. NOTWITHSTANDING ANY CONTRARY PROVISIONS OF THIS LAW, EFFECTIVE
48 JANUARY FIRST, TWO THOUSAND THIRTEEN, EXCEPT AS OTHERWISE PROVIDED IN
49 THIS SUBDIVISION, THE RENT FOR HOUSING ACCOMMODATIONS SUBJECT TO THIS
50 CHAPTER LOCATED IN THE COUNTIES OF WESTCHESTER AND NASSAU SHALL BE
51 ADJUSTED AS FOLLOWS:
52 (A) THE COUNTY RENT BOARDS ESTABLISHED PURSUANT TO SECTION 4 OF THE
53 EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR, SHALL ESTAB-
54 LISH ANNUAL RENT ADJUSTMENTS FOR THE CLASS OF HOUSING ACCOMMODATIONS
55 SUBJECT TO THIS CHAPTER LOCATED IN THE COUNTIES OF WESTCHESTER AND
56 NASSAU, IN THE MANNER PROVIDED BY SUCH SECTION. THE FACT THAT THE HOUS-
S. 5699--A 3
1 ING ACCOMMODATION IS SUBJECT TO THIS LAW MAY NOT BE CONSIDERED AS A
2 FACTOR IN DETERMINING THE RATE OF RENT ADJUSTMENT. NOT LATER THAN OCTO-
3 BER FIRST, TWO THOUSAND TWELVE, AND NOT LATER THAN OCTOBER FIRST ANNUAL-
4 LY THEREAFTER, THE COUNTY RENT BOARDS SHALL FILE WITH THE COMMISSION
5 THEIR FINDINGS ESTABLISHED IN CONSIDERATION OF THE ECONOMIC FACTORS
6 LISTED IN SUBDIVISION B OF SECTION 4 OF THE EMERGENCY TENANT PROTECTION
7 ACT OF NINETEEN SEVENTY-FOUR, AND SHALL ACCOMPANY SUCH FINDINGS WITH A
8 STATEMENT OF THE MAXIMUM RATE OR RATES OF RENT ADJUSTMENT, IF ANY, FOR
9 ONE OR MORE CLASSES OF ACCOMMODATIONS SUBJECT TO THIS LAW WITHIN SUCH
10 COUNTIES AUTHORIZED FOR THE ADJUSTMENT OF THE MAXIMUM RENT OF THE HOUS-
11 ING ACCOMMODATION FOR THE TWELVE MONTH PERIOD COMMENCING JANUARY FIRST,
12 TWO THOUSAND THIRTEEN, AND FOR EACH SUCCEEDING TWELVE MONTH PERIOD.
13 (B) EFFECTIVE JANUARY FIRST, TWO THOUSAND THIRTEEN, THE MAXIMUM RENT
14 COLLECTIBLE FROM THE TENANT SHALL BE THE MAXIMUM RENT COLLECTIBLE ON
15 DECEMBER THIRTY-FIRST, TWO THOUSAND TWELVE, AS SUCH RENT MAY BE ADJUSTED
16 PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION ANNUALLY, WITHOUT AN ORDER
17 OF THE COMMISSION, OR AS ADJUSTED PURSUANT TO ANY OTHER PROVISION OF
18 THIS LAW. HOWEVER, NO SUCH INCREASE PURSUANT TO PARAGRAPH (A) OF THIS
19 SUBDIVISION SHALL BE AUTHORIZED UNTIL THE EXPIRATION OF TWELVE MONTHS
20 FROM THE EFFECTIVE DATE OF ANY RENT ADJUSTMENT AUTHORIZED PURSUANT TO
21 REGULATIONS ADOPTED FOR RENT ADJUSTMENTS TO COMPENSATE FOR UNAVOIDABLE
22 INCREASED COSTS OF OPERATIONS AS PROVIDED FOR UNDER THIS LAW.
23 (C) MAXIMUM RATES OF RENT ADJUSTMENT SHALL NOT BE ESTABLISHED MORE
24 THAN ONCE ANNUALLY FOR ANY HOUSING ACCOMMODATION SUBJECT TO THIS LAW
25 WITHIN A BOARD'S JURISDICTION. ONCE ESTABLISHED, NO SUCH RATE SHALL BE
26 ADJUSTED BY ANY SURCHARGE, SUPPLEMENTARY ADJUSTMENT, REOPENER OR OTHER
27 MODIFICATION.
28 (D) NOTHING CONTAINED IN THIS PARAGRAPH SHALL ALTER, RESTRICT OR
29 IMPAIR AN OWNER'S RIGHT TO ESTABLISH THE INITIAL REGULATED RENT FOR
30 ACCOMMODATIONS SUBJECT TO THIS LAW WHICH BECOME VACANT.
31 S 3. This act shall take effect immediately; provided that the amend-
32 ments to section 26-405 of the city rent and rehabilitation law made by
33 section one of this act shall remain in full force and effect only as
34 long as the public emergency requiring the regulation and control of
35 residential rents and evictions continues, as provided in subdivision 3
36 of section 1 of the local emergency housing rent control act; and
37 provided that the amendments to section 4 of the emergency housing rent
38 control law made by section two of this act shall expire on the same
39 date as such law expires and shall not affect the expiration of such law
40 as provided in subdivision 2 of section 1 of chapter 274 of the laws of
41 1946.
