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A00465 Summary:

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A00465 Floor Votes:

A00465 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         465--A
                                                                  Cal. No. 9
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 7, 2009
                                       ___________
 
        Introduced  by  M. of A. JEFFRIES, MAYERSOHN, ROBINSON, FARRELL, COLTON,
          O'DONNELL, JACOBS, JAFFEE, CLARK,  ORTIZ,  LANCMAN,  PERALTA,  POWELL,
          WRIGHT,  SPANO,  KAVANAGH,  ESPAILLAT,  CAMARA,  ROSENTHAL, KELLNER --

          Multi-Sponsored by -- M. of A. BOYLAND, BRENNAN, CASTRO, GLICK,  GOTT-
          FRIED,  HEASTIE,  HOOPER, J. RIVERA, SCHIMEL -- read once and referred
          to the Committee on Housing -- passed by Assembly and delivered to the
          Senate, recalled from the Senate,  vote  reconsidered,  bill  amended,
          ordered reprinted, retaining its place on the order of third reading
 
        AN  ACT  to amend the emergency tenant protection act of nineteen seven-
          ty-four and the administrative code  of  the  city  of  New  York,  in
          relation to the regulation of rents
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision a-2 of section 10 of section 4 of  chapter  576
     2  of the laws of 1974, constituting the emergency tenant protection act of

     3  nineteen  seventy-four,  as  added by chapter 82 of the laws of 2003, is
     4  amended to read as follows:
     5    [a-2.] (a-2) Provides that where the amount of  rent  charged  to  and
     6  paid by the tenant is less than the legal regulated rent for the housing
     7  accommodation,  the  amount of rent for such housing accommodation which
     8  may be charged [upon renewal or] upon vacancy thereof may, at the option
     9  of the owner, be based upon such previously established legal  regulated
    10  rent,  as  adjusted  by  [the  most  recent]  all  applicable guidelines
    11  increases and other increases authorized by law; provided, however, that
    12  such vacancy shall not be caused by the failure of the owner or an agent
    13  of the owner, to maintain the housing accommodation in  compliance  with

    14  the warranty of habitability set forth in subdivision one of section two
    15  hundred  thirty-five-b  of  the real property law.  Where, subsequent to
    16  vacancy, such legal regulated rent,  as  adjusted  by  the  most  recent
    17  applicable  guidelines  increases  and any other increases authorized by
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00221-02-9
        A. 465--A                           2
 
     1  law is two thousand dollars or more per  month,  such  housing  accommo-
     2  dation  shall  be  excluded  from the provisions of this act pursuant to
     3  paragraph thirteen of subdivision a of section five of this act.

     4    §  2.  Paragraph 14 of subdivision c of section 26-511 of the adminis-
     5  trative code of the city of New York, as added by chapter 82 of the laws
     6  of 2003, is amended to read as follows:
     7    (14) provides that where the amount of rent charged to and paid by the
     8  tenant is less than the legal regulated rent for  the  housing  accommo-
     9  dation,  the  amount of rent for such housing accommodation which may be
    10  charged [upon renewal or] upon vacancy thereof may, at the option of the
    11  owner, be based upon such previously established legal  regulated  rent,
    12  as  adjusted  by the most recent applicable guidelines increases and any
    13  other increases authorized by law; provided, however, that such  vacancy
    14  shall  not  be  caused  by  the  failure of the owner or an agent of the
    15  owner, to maintain the housing  accommodation  in  compliance  with  the

    16  warranty  of  habitability  set  forth in subdivision one of section two
    17  hundred thirty-five-b of the real property law.   Where,  subsequent  to
    18  vacancy, such legal regulated rent, as adjusted by [the most recent] all
    19  applicable  guidelines  increases  and any other increases authorized by
    20  law is two thousand dollars or more per  month,  such  housing  accommo-
    21  dation  shall  be  excluded  from the provisions of this law pursuant to
    22  section 26-504.2 of this chapter.
    23    § 3. This act shall take effect immediately; provided,  however,  that
    24  the  amendments  to section 10 of the emergency tenant protection act of
    25  nineteen seventy-four made by section one of this act  shall  expire  on
    26  the same date as such act expires and shall not affect the expiration of
    27  such  act  as provided in section 17 of chapter 576 of the laws of 1974;

    28  and provided, further, that the amendments to section 26-511 of the rent
    29  stabilization law of nineteen hundred sixty-nine made by section two  of
    30  this act shall expire on the same date as such law expires and shall not
    31  affect  the  expiration  of such law as provided under section 26-520 of
    32  such law.