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A01892 Summary:

BILL NOA01892B
 
SAME ASSAME AS S05699-A
 
SPONSORRosenthal (MS)
 
COSPNSRGlick, Millman, Colton, Cymbrowitz, Gottfried, Boyland, Kavanagh, Castro, Kellner
 
MLTSPNSRDenDekker, Jacobs
 
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.
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A01892 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1892--B
                                                                Cal. No. 444
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 12, 2011
                                       ___________
 
        Introduced  by  M.  of A. ROSENTHAL, GLICK, MILLMAN, COLTON, CYMBROWITZ,
          GOTTFRIED, BOYLAND, KAVANAGH, CASTRO -- 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 commit-
          tee -- advanced to a third reading,  amended  and  ordered  reprinted,
          retaining its place on the order of third reading
 
        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.
                                                                   LBD02246-11-2

        A. 1892--B                          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    § 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-


        A. 1892--B                          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    § 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.
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