- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
- Text
- LFIN
- Chamber Video/Transcript
A09815 Summary:
BILL NO | A09815 |
  | |
SAME AS | SAME AS S01593 |
  | |
SPONSOR | Pichardo |
  | |
COSPNSR | Cymbrowitz, Rosenthal L, Carroll, Sepulveda, De La Rosa, Dinowitz, Bichotte, Taylor, Barnwell, Ortiz, Mosley, Simon, Seawright, Epstein, Joyner, Espinal |
  | |
MLTSPNSR | |
  | |
Rpld §26-511 sub c ¶5-a, amd §§26-512 & 26-403.2, NYC Ad Cd; rpld §10 sub (a-1), amd §6, Emerg Ten Prot Act of 1974; amd §5, Emerg Hous Rent Cont L; amd §1, Chap 21 of 1962 | |
  | |
Repeals provisions permitting rent increases after vacancy of a housing accommodation. |
A09815 Actions:
BILL NO | A09815 | |||||||||||||||||||||||||||||||||||||||||||||||||
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02/12/2018 | referred to housing | |||||||||||||||||||||||||||||||||||||||||||||||||
02/28/2018 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
03/01/2018 | advanced to third reading cal.706 | |||||||||||||||||||||||||||||||||||||||||||||||||
05/14/2018 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
05/14/2018 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
05/14/2018 | REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT |
A09815 Committee Votes:
Cymbrowitz | Aye | Fitzpatrick | Nay | ||||||
Cook | Aye | Raia | Nay | ||||||
Rosenthal | Excused | Johns | Aye | ||||||
Rodriguez | Aye | Walter | Aye | ||||||
Sepulveda | Aye | Castorina | Aye | ||||||
Mosley | Aye | Finch | Nay | ||||||
Kim | Aye | Morinello | Nay | ||||||
Pichardo | Aye | Brabenec | Nay | ||||||
Walker | Absent | ||||||||
Joyner | Aye | ||||||||
Blake | Aye | ||||||||
Dilan | Aye | ||||||||
Bichotte | Aye | ||||||||
Davila | Excused | ||||||||
Barron | Aye | ||||||||
De La Rosa | Aye | ||||||||
Niou | Aye | ||||||||
Taylor | Aye | ||||||||
Go to top
A09815 Floor Votes:
Yes
Abbate
Yes
Cook
No
Garbarino
Yes
Lupardo
Yes
Pellegrino
No
Stec
Yes
Abinanti
Yes
Crespo
No
Giglio
Yes
Magee
Yes
Peoples-Stokes
Yes
Steck
Yes
Arroyo
No
Crouch
Yes
Glick
Yes
Magnarelli
Yes
Perry
Yes
Stern
No
Ashby
No
Curran
No
Goodell
No
Malliotakis
Yes
Pheffer Amato
Yes
Stirpe
Yes
Aubry
No
Cusick
Yes
Gottfried
No
McDonald
Yes
Pichardo
No
Tague
No
Barclay
Yes
Cymbrowitz
Yes
Gunther
No
McDonough
Yes
Pretlow
Yes
Taylor
Yes
Barnwell
Yes
Davila
No
Hawley
No
Mikulin
Yes
Quart
Yes
Thiele
Yes
Barrett
Yes
De La Rosa
Yes
Hevesi
No
Miller B
No
Ra
Yes
Titone
Yes
Barron
Yes
DenDekker
Yes
Hikind
Yes
Miller MG
No
Raia
Yes
Titus
Yes
Benedetto
Yes
Dickens
Yes
Hooper
No
Miller ML
Yes
Ramos
ER
Vanel
Yes
Bichotte
Yes
Dilan
Yes
Hunter
No
Montesano
ER
Richardson
Yes
Walker
Yes
Blake
Yes
Dinowitz
Yes
Hyndman
Yes
Morelle
Yes
Rivera
Yes
Wallace
No
Blankenbush
No
DiPietro
Yes
Jaffee
No
Morinello
Yes
Rodriguez
No
Walsh
Yes
Bohen
Yes
D'Urso
Yes
Jean-Pierre
Yes
Mosley
Yes
Rosenthal D
No
Walter
No
Brabenec
Yes
Englebright
Yes
Jenne
No
Murray
Yes
Rosenthal L
Yes
Weinstein
No
Braunstein
Yes
Epstein
No
Johns
Yes
Niou
Yes
Rozic
Yes
Weprin
Yes
Brindisi
ER
Errigo
Yes
Jones
Yes
Nolan
Yes
Ryan
Yes
Williams
Yes
Bronson
Yes
Espinal
Yes
Joyner
No
Norris
Yes
Santabarbara
Yes
Woerner
No
Buchwald
Yes
Fahy
ER
Kim
No
Oaks
No
Schimminger
Yes
Wright
No
Butler
Yes
Fernandez
No
Kolb
Yes
O'Donnell
Yes
Seawright
Yes
Zebrowski
No
Byrne
ER
Finch
ER
Lalor
Yes
Ortiz
Yes
Simon
Yes
Mr. Speaker
Yes
Cahill
No
Fitzpatrick
Yes
Lavine
ER
Otis
Yes
Simotas
Yes
Carroll
No
Friend
No
Lawrence
No
Palmesano
Yes
Skoufis
No
Castorina
Yes
Galef
Yes
Lentol
No
Palumbo
No
Smith
Yes
Colton
ER
Gantt
Yes
Lifton
Yes
Paulin
Yes
Solages
‡ Indicates voting via videoconference
A09815 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 9815 IN ASSEMBLY February 12, 2018 ___________ Introduced by M. of A. PICHARDO, CYMBROWITZ -- read once and referred to the Committee on Housing AN ACT to amend the administrative code of the city of New York, the emergency tenant protection act of nineteen seventy-four, the emergen- cy housing rent control law and the local emergency rent control act, in relation to rent increases after vacancy of a housing accommo- dation; and to repeal certain provisions of the administrative code of the city of New York and the emergency tenant protection act of nine- teen seventy-four relating thereto 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 is REPEALED. 3 § 2. Subdivision (a-1) of section 10 of section 4 of chapter 576 of 4 the laws of 1974, constituting the emergency tenant protection act of 5 nineteen seventy-four is REPEALED. 6 § 3. Subdivision f of section 26-512 of the administrative code of the 7 city of New York, as added by chapter 116 of the laws of 1997, is 8 amended to read as follows: 9 f. Notwithstanding any provision of this law to the contrary in the 10 case where all tenants named in a lease have permanently vacated a hous- 11 ing accommodation and a family member of such tenant or tenants is enti- 12 tled to and executes a renewal lease for the housing accommodation if 13 such accommodation continues to be subject to this law after such family 14 member vacates, on the occurrence of such vacancy the legal regulated 15 rent shall be increased by a sum equal to the allowance then in effect 16 for vacancy leases[, including the amount allowed by paragraph (five-a)17of subdivision c of section 26-511 of this law]. Such increase shall be 18 in addition to any other increases provided for in this law including an 19 adjustment based upon a major capital improvement, or a substantial 20 modification or increase of dwelling space or services, or installation 21 of new equipment or improvements or new furniture or furnishings 22 provided in or to the housing accommodation pursuant to section 26-511 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01122-01-7A. 9815 2 1 of this law and shall be applicable in like manner to each second subse- 2 quent succession. 3 § 4. Subdivision g of section 6 of section 4 of chapter 576 of the 4 laws of 1974, constituting the emergency tenant protection act of nine- 5 teen seventy-four, as added by chapter 116 of the laws of 1997, is 6 amended to read as follows: 7 g. Notwithstanding any provision of this act to the contrary in the 8 case where all tenants named in a lease have permanently vacated a hous- 9 ing accommodation and a family member of such tenant or tenants is enti- 10 tled to and executes a renewal lease for the housing accommodation if 11 such accommodation continues to be subject to this act after such family 12 member vacates, on the occurrence of such vacancy the legal regulated 13 rent shall be increased by a sum equal to the allowance then in effect 14 for vacancy leases[, including the amount allowed by subdivision (a-1)15of section ten of this act]. Such increase shall be in addition to any 16 other increases provided for in this act including an adjustment based 17 upon a major capital improvement, or a substantial modification or 18 increase of dwelling space or services, or installation of new equipment 19 or improvements or new furniture or furnishings provided in or to the 20 housing accommodation, pursuant to this section [six of this act] and 21 shall be applicable in like manner to each second subsequent succession. 22 § 5. Subdivision 9 of section 5 of chapter 274 of the laws of 1946, 23 constituting the emergency housing rent control law, as added by chapter 24 116 of the laws of 1997, is amended to read as follows: 25 9. Notwithstanding any provision of this law to the contrary in the 26 case where all tenants occupying the housing accommodation on the effec- 27 tive date of this subdivision have vacated the housing accommodation and 28 a family member of such vacating tenant or tenants is entitled to and 29 continues to occupy the housing accommodation subject to the protections 30 of this law, if such accommodation continues to be subject to this law 31 after such family member vacates, on the occurrence of such vacancy the 32 maximum collectable rent shall be increased by a sum equal to the allow- 33 ance then in effect for vacancy leases for housing accommodations 34 covered by the rent stabilization law of nineteen hundred sixty-nine[,35including the amount allowed by paragraph five-a of subdivision c of36section 26-511 of such law]. This increase shall be in addition to any 37 other increases provided in this law including an adjustment based upon 38 a major capital improvement, or a substantial increase or decrease in 39 dwelling space or a change in the services, furniture, furnishings or 40 equipment provided in the housing accommodation, pursuant to section 41 four of this law and shall be applicable in like manner to each second 42 subsequent succession. 43 § 6. Section 26-403.2 of the administrative code of the city of New 44 York, as added by chapter 116 of the laws of 1997, is amended to read as 45 follows: 46 § 26-403.2 Increase in maximum collectable rent. Notwithstanding any 47 provision of this law to the contrary in the case where all tenants 48 occupying the housing accommodation on the effective date of this 49 section have vacated the housing accommodation and a family member of 50 such vacating tenant or tenants is entitled to and continues to occupy 51 the housing accommodation subject to the protections of this law, if 52 such accommodation continues to be subject to this law after such family 53 member vacates, on the occurrence of such vacancy the maximum collecta- 54 ble rent shall be increased by a sum equal to the allowance then in 55 effect for vacancy leases for housing accommodations covered by the rent 56 stabilization law of nineteen hundred sixty-nine[, including the amountA. 9815 3 1allowed by paragraph five-a of subdivision c of section 26-511 of such2law]. This increase shall be in addition to any other increases provided 3 for in this law including an adjustment based upon a major capital 4 improvement, or a substantial increase or decrease in dwelling space or 5 a change in the services, furniture, furnishings or equipment provided 6 in the housing accommodation, pursuant to section 26-405 of this law and 7 shall be applicable in like manner to each second subsequent succession. 8 § 7. The sixth undesignated paragraph of subdivision 5 of section 1 of 9 chapter 21 of the laws of 1962, constituting the local emergency rent 10 control act, as amended by chapter 82 of the laws of 2003, is amended to 11 read as follows: 12 Notwithstanding any provision of this act to the contrary, any local 13 law adopted pursuant to this act shall provide that notwithstanding any 14 provision of such local law in the case where all tenants occupying the 15 housing accommodation on the effective date of this paragraph have 16 vacated the housing accommodation and a family member of such vacating 17 tenant or tenants is entitled to and continues to occupy the housing 18 accommodation subject to the protections of such act, if such accommo- 19 dation continues to be subject to such act after such family member 20 vacates, on the occurrence of such vacancy the maximum collectable rent 21 shall be increased by a sum equal to the allowance then in effect for 22 vacancy leases for housing accommodations covered by the rent stabiliza- 23 tion law of nineteen hundred sixty-nine[, including the amount allowed24by paragraph (5-a) of subdivision c of section 26-511 of such law]. This 25 increase shall be in addition to any other increases provided for in 26 this act and shall be applicable in like manner to each second subse- 27 quent succession. 28 § 8. This act shall take effect immediately; provided that: 29 (a) the amendments to section 26-512 of chapter 4 of title 26 of the 30 administrative code of the city of New York made by section three of 31 this act shall expire on the same date as such law expires and shall not 32 affect the expiration of such law as provided under section 26-520 of 33 such law; and 34 (b) the amendments to section 6 of the emergency tenant protection act 35 of nineteen seventy-four made by section four of this act shall expire 36 on the same date as such act expires and shall not affect the expiration 37 of such act as provided in section 17 of chapter 576 of the laws of 38 1974; and 39 (c) the amendments to section 5 of the emergency housing rent control 40 law made by section five of this act shall expire on the same date as 41 such law expires and shall not affect the expiration of such law as 42 provided in subdivision 2 of section 1 of chapter 274 of the laws of 43 1946; and 44 (d) the amendments to section 26-403.2 of the city rent and rehabili- 45 tation law made by section six of this act shall remain in full force 46 and effect only as long as the public emergency requiring the regulation 47 and control of residential rents and evictions continues, as provided in 48 subdivision 3 of section 1 of the local emergency housing rent control 49 act; and 50 (e) the amendments to subdivision 5 of section 1 of the local emergen- 51 cy housing rent control act, made by section seven of this act, shall 52 not affect the effectiveness of such subdivision and shall cease to be 53 in full force and effect pursuant to subdivision 3 of section 1 of such 54 act.