Amd S2, Emerg Hous Rent Cont L; amd S1, Chap 21 of 1962; amd S5, Emerg Ten Prot Act of 1974; amd S26-504, NYC
Ad Cd
Relates to the de-regulation of rent-stabilized housing accommodations; eliminates rent regulation for any regulated housing accommodation that becomes vacant on or after June 16, 2012; makes exceptions.
STATE OF NEW YORK
________________________________________________________________________
2737
2011-2012 Regular Sessions
IN ASSEMBLY
January 20, 2011
___________
Introduced by M. of A. FITZPATRICK -- read once and referred to the
Committee on Housing
AN ACT to amend the emergency housing rent control law, the local emer-
gency housing rent control act, the emergency tenant protection act of
nineteen seventy-four and the administrative code of the city of New
York, in relation to the de-regulation of rent-stabilized housing
accommodations upon vacancy
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (i) of subdivision 2 of section 2 of chapter 274
2 of the laws of 1946, constituting the emergency housing rent control
3 law, as amended by chapter 576 of the laws of 1974, is amended to read
4 as follows:
5 (i) housing accommodations which become vacant on and after June
6 sixteenth, two thousand twelve, provided, however, that this exemption
7 shall not apply or become effective where the commission determines or
8 finds that the housing accommodations became vacant because the landlord
9 or any person acting on his behalf, with intent to cause the tenant to
10 vacate, engaged in any course of conduct (including, but not limited to,
11 interruption or discontinuance of essential services) which interfered
12 with or disturbed or was intended to interfere with or disturb the
13 comfort, repose, peace or quiet of the tenant in his use or occupancy of
14 the housing accommodations; [and further provided that housing accommo-
15 dations as to which a housing emergency has been declared pursuant to
16 the emergency tenant protection act of nineteen seventy-four shall be
17 subject to the provisions of such act for the duration of such emergen-
18 cy;] or
19 § 2. The second undesignated paragraph of subdivision 5 of section 1
20 of chapter 21 of the laws of 1962, constituting the local emergency
21 housing rent control act, as amended by chapter 82 of the laws of 2003,
22 is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03033-01-1
A. 2737 2
1 Notwithstanding any local law or ordinance, housing accommodations
2 which [became] become vacant (a) on or after July first, nineteen
3 hundred seventy-one [or which hereafter become vacant], but before June
4 sixteenth, two thousand twelve shall be subject to the provisions of the
5 emergency tenant protection act of nineteen seventy-four, and (b) on or
6 after June sixteenth, two thousand twelve shall be exempt from regu-
7 lations and control; provided, however, that [this provision] these
8 exemptions shall not apply or become effective with respect to housing
9 accommodations which, by local law or ordinance, are made directly
10 subject to regulation and control by a city housing rent agency and such
11 agency determines or finds that the housing accommodations became vacant
12 because the landlord or any person acting on his behalf, with intent to
13 cause the tenant to vacate, engaged in any course of conduct (including
14 but not limited to, interruption or discontinuance of essential
15 services) which interfered with or disturbed or was intended to inter-
16 fere with or disturb the comfort, repose, peace or quiet of the tenant
17 in his use or occupancy of the housing accommodations. The removal of
18 any housing accommodation from regulation and control of rents pursuant
19 to the vacancy [exemption] exemptions provided for in this paragraph
20 shall not constitute or operate as a ground for the subjection to more
21 stringent regulation and control of any housing accommodation in such
22 property or in any other property owned by the same landlord, notwith-
23 standing any prior agreement to the contrary by the landlord. The vacan-
24 cy exemption provided for in subparagraph (a) of this paragraph shall
25 not arise with respect to any rented plot or parcel of land otherwise
26 subject to the provisions of this act, by reason of a transfer of title
27 and possession occurring on or after July first, nineteen hundred seven-
28 ty-one, but before June sixteenth, two thousand twelve, of a dwelling
29 located on such plot or parcel and owned by the tenant where such trans-
30 fer of title and possession is made to a member of the tenant's immedi-
31 ate family provided that the member of the tenant's immediate family
32 occupies the dwelling with the tenant prior to the transfer of title and
33 possession for a continuous period of two years.
34 § 3. Subdivision a of section 5 of section 4 of chapter 576 of the
35 laws of 1974, constituting the emergency tenant protection act of nine-
36 teen seventy-four, is amended by adding a new paragraph 3-a to read as
37 follows:
38 (3-a) housing accommodations which become vacant on or after June
39 sixteenth, two thousand twelve, provided, however, that this exemption
40 shall not apply to or become effective with respect to housing accommo-
41 dations which the commissioner determines or finds became vacant because
42 the landlord or any person acting on his or her behalf, with intent to
43 cause the tenant to vacate, engaged in any course of conduct (including,
44 but not limited to, interruption or discontinuance of required services)
45 which interfered with or disturbed or was intended to interfere in his
46 or her use or occupancy of the housing accommodations;
47 § 4. Section 26-504 of the administrative code of the city of New York
48 is amended by adding a new subdivision d to read as follows:
49 d. Notwithstanding any of the provisions of this section or title or
50 any other provisions of law, this law shall not apply to any housing
51 accommodation which becomes vacant on or after June sixteenth, two thou-
52 sand twelve provided, however, that this exemption shall not apply to or
53 become effective with respect to housing accommodations which the
54 commissioner determines or finds became vacant because the landlord or
55 any person acting on his or her behalf, with intent to cause the tenant
56 to vacate, engaged in any course of conduct (including but not limited
A. 2737 3
1 to, interruption or discontinuance of required services) which interfer-
2 ed with or disturbed or was intended to interfere with or disturb the
3 comfort, repose, peace or quiet of the tenant in his or her use or occu-
4 pancy of the housing accommodations.
5 § 5. This act shall take effect immediately; provided, however, that
6 the amendments to the rent stabilization law of nineteen hundred sixty-
7 nine, made by section four of this act, shall expire on the same date as
8 such law expires and shall not affect the expiration of such law as
9 provided under section 26-520 of the administrative code of the city of
10 New York; and provided that the amendments to the emergency tenant
11 protection act of nineteen seventy-four, made by section three of this
12 act, shall expire on the same date as such act expires and shall not
13 affect the expiration of such act as provided in section 17 of chapter
14 576 of the laws of 1974, as amended; and provided that the amendments to
15 the emergency housing rent control law, made by section one of this act,
16 shall expire on the same date as such law expires and shall not affect
17 the expiration of such law as provided in subdivision 2 of section 1 of
18 chapter 274 of the laws of 1946, as amended; and provided that the
19 amendment to the local emergency housing rent control act, made by
20 section two of this act, shall remain in full force and effect only so
21 long as the public emergency requiring the regulation and control of
22 residential rents and evictions continues, as provided in subdivision 2
23 of section 1 of chapter 21 of the laws of 1962, as amended.
