STATE OF NEW YORK
________________________________________________________________________
8084
2025-2026 Regular Sessions
IN ASSEMBLY
April 24, 2025
___________
Introduced by M. of A. VALDEZ -- read once and referred to the Committee
on Housing
AN ACT to amend chapter 576 of the laws of 1974, constituting the emer-
gency tenant protection act of nineteen seventy-four and the adminis-
trative code of the city of New York, in relation to placing limita-
tions on initial regulated rents
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision b of section 6 of section 4 of chapter 576 of
2 the laws of 1974, constituting the emergency tenant protection act of
3 nineteen seventy-four, is amended to read as follows:
4 b. The initial legal regulated rents for housing accommodations in a
5 city having a population of less than one million or a town or village
6 as to which a declaration of emergency has been made pursuant to this
7 act shall be:
8 (1) For housing accommodations subject to the emergency housing rent
9 control law which become vacant on or after the local effective date of
10 this act, the rent agreed to by the landlord and the tenant and reserved
11 in a lease or provided for in a rental agreement; provided that such
12 initial legal regulated rent shall not exceed the average rent for a
13 comparable rent regulated housing accommodation, as determined by the
14 rent guidelines board with jurisdiction over such housing accommodation,
15 and may be adjusted on application of the owner or tenant pursuant to
16 subdivision a of section nine of this act; and provided further that no
17 increase of such initial regulated rent pursuant to annual guidelines
18 adopted by the rent guidelines board shall become effective until the
19 expiration of the first lease or rental agreement taking effect after
20 the local effective date, but in no event before one year from the
21 commencement of such rental agreement.
22 (2) For all other housing accommodations, the rent reserved in the
23 last effective lease or other rental agreement; provided that an initial
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06321-01-5
A. 8084 2
1 rent based upon the rent reserved in a lease or other rental agreement
2 which became effective on or after January first, nineteen hundred
3 seventy-four may be adjusted on application of the tenant pursuant to
4 subdivision b of section nine of this act or on application of either
5 the owner or tenant pursuant to subdivision a of such section; and
6 further provided that if a lease is entered into for such housing accom-
7 modations after the local effective date, but before the effective date
8 of the first guidelines applicable to such accommodations, the lease may
9 provide for an adjustment of rent pursuant to such guidelines, to be
10 effective on the first day of the month next succeeding the effective
11 date of such guidelines.
12 § 2. Subdivision b of section 26-512 of the administrative code of the
13 city of New York is amended to read as follows:
14 b. The initial regulated rent for housing accommodations subject to
15 this law on the local effective date of the emergency tenant protection
16 act of nineteen seventy-four or which become subject to this law there-
17 after, pursuant to such act, shall be:
18 (1) For housing accommodations which were regulated pursuant to this
19 law or the city rent and rehabilitation law prior to July first, nine-
20 teen hundred seventy-one, and which became vacant on or after such date
21 and prior to the local effective date of the emergency tenant protection
22 act of nineteen seventy-four, the rent reserved in the last effective
23 lease or other rental agreement; provided that such initial rent may be
24 adjusted on application of the tenant pursuant to subdivision b of
25 section 26-513 of this chapter.
26 (2) For housing accommodations which were regulated pursuant to the
27 city rent and rehabilitation law on the local effective date of the
28 emergency tenant protection act of nineteen seventy-four, and thereafter
29 become vacant, the rent agreed to by the landlord and the tenant and
30 reserved in a lease or provided for in a rental agreement; provided that
31 such initial rent shall not exceed the average rent for a comparable
32 rent regulated housing accommodation, as determined by the commissioner,
33 and may be adjusted on application of the tenant pursuant to subdivision
34 b of section 26-513 of this chapter.
35 (3) For housing accommodations other than those described in para-
36 graphs one and two of this subdivision, the rent reserved in the last
37 effective lease or other rental agreement.
38 (4) For any plot or parcel of land which had been regulated pursuant
39 to the city rent and rehabilitation law prior to July first, nineteen
40 hundred seventy-one and which,
41 (i) became vacant on or after July first, nineteen hundred seventy-one
42 and prior to July first, nineteen hundred seventy-four, the rent
43 reserved in a lease or other rental agreement in effect on June thirti-
44 eth, nineteen hundred seventy-four plus increases authorized by the rent
45 guidelines board under this law for leases or other rental agreements
46 commencing thereafter; provided that such initial rent may be adjusted
47 on application of the tenant pursuant to subdivision b of section 26-513
48 of this chapter or,
49 (ii) became vacant on or after July first, nineteen hundred seventy-
50 four, the rent agreed to by the landlord and the tenant and reserved in
51 a lease or other rental agreement plus increases authorized by the rent
52 guidelines board under this law for leases or other rental agreements
53 commencing thereafter; provided that such initial rent shall not exceed
54 the average rent for a comparable rent regulated housing accommodation,
55 as determined by the commissioner, and may be adjusted on application of
56 the tenant pursuant to subdivision b of section 26-513 of this chapter.
A. 8084 3
1 (iii) Where the commissioner has determined that the rent charged is
2 in excess of the lawful rents as stated in subparagraph (i) or (ii)
3 hereof, plus lawful increases thereafter, [he or she] the commissioner
4 shall provide for a cash refund or a credit, to be applied against
5 future rent, in the amount of any rent overcharge collected by an owner
6 and any penalties, costs, attorneys' fees and interest from the date of
7 the overcharge at the rate of interest payable on a judgment pursuant to
8 section five thousand four of the civil practice law and rules for which
9 the owner is assessed.
10 § 3. This act shall take effect immediately, provided, however, that
11 the amendments to section 26-512 of the administrative code of the city
12 of New York made by section two of this act shall expire on the same
13 date as such chapter expires and shall not affect the expiration of such
14 chapter as provided under section 26-520 of such chapter.
