A06130 Summary:

BILL NOA06130A
 
SAME ASNo Same As
 
SPONSORFitzpatrick (MS)
 
COSPNSR
 
MLTSPNSRByrnes, Kolb, Manktelow, Smith
 
Amd 2, Emerg Hous Rent Cont L; amd 1, Chap 21 of 1962; amd 5, Emerg Ten Prot Act of 1974; amd 26-504, 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, 2019; makes exceptions.
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A06130 Actions:

BILL NOA06130A
 
02/28/2019referred to housing
01/08/2020referred to housing
04/29/2020amend and recommit to housing
04/29/2020print number 6130a
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A06130 Committee Votes:

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A06130 Floor Votes:

There are no votes for this bill in this legislative session.
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A06130 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6130--A
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 28, 2019
                                       ___________
 
        Introduced  by  M.  of  A. FITZPATRICK -- Multi-Sponsored by -- M. of A.
          BYRNES, KOLB, MANKTELOW, SMITH  --  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
 
        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  twenty-one,  provided,  however,  that  this
     7  exemption shall not apply  or  become  effective  where  the  commission
     8  determines  or  finds  that  the  housing  accommodations  became vacant
     9  because the landlord or any person acting on his behalf, with intent  to
    10  cause the tenant to vacate, engaged in any course of conduct (including,
    11  but   not  limited  to,  interruption  or  discontinuance  of  essential
    12  services) which interfered with or disturbed or was intended  to  inter-
    13  fere  with  or disturb the comfort, repose, peace or quiet of the tenant
    14  in his use or occupancy of  the  housing  accommodations;  [and  further
    15  provided that housing accommodations as to which a housing emergency has
    16  been  declared  pursuant to the emergency tenant protection act of nine-
    17  teen seventy-four shall be subject to the provisions of such act for the
    18  duration of such emergency;] or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05975-02-0

        A. 6130--A                          2
 
     1    § 2. The second undesignated paragraph of subdivision 5 of  section  1
     2  of  chapter  21  of  the  laws of 1962, constituting the local emergency
     3  housing rent control act, as amended by chapter 82 of the laws of  2003,
     4  is amended to read as follows:
     5    Notwithstanding  any  local  law  or ordinance, housing accommodations
     6  which [became] become vacant  (a)  on  or  after  July  first,  nineteen
     7  hundred  seventy-one [or which hereafter become vacant], but before June
     8  sixteenth, two thousand twenty-one shall be subject to the provisions of
     9  the emergency tenant protection act of nineteen seventy-four, and (b) on
    10  or after June sixteenth, two thousand twenty-one shall  be  exempt  from
    11  regulations  and control; provided, however, that [this provision] these
    12  exemptions shall not apply or become effective with respect  to  housing
    13  accommodations  which,  by  local  law  or  ordinance, are made directly
    14  subject to regulation and control by a city housing rent agency and such
    15  agency determines or finds that the housing accommodations became vacant
    16  because the landlord or any person acting on his behalf, with intent  to
    17  cause  the tenant to vacate, engaged in any course of conduct (including
    18  but  not  limited  to,  interruption  or  discontinuance  of   essential
    19  services)  which  interfered with or disturbed or was intended to inter-
    20  fere with or disturb the comfort, repose, peace or quiet of  the  tenant
    21  in  his  use  or occupancy of the housing accommodations. The removal of
    22  any housing accommodation from regulation and control of rents  pursuant
    23  to  the  vacancy  [exemption]  exemptions provided for in this paragraph
    24  shall not constitute or operate as a ground for the subjection  to  more
    25  stringent  regulation  and  control of any housing accommodation in such
    26  property or in any other property owned by the same  landlord,  notwith-
    27  standing any prior agreement to the contrary by the landlord. The vacan-
    28  cy  exemption  provided  for in subparagraph (a) of this paragraph shall
    29  not arise with respect to any rented plot or parcel  of  land  otherwise
    30  subject  to the provisions of this act, by reason of a transfer of title
    31  and possession occurring on or after July first, nineteen hundred seven-
    32  ty-one, but before June sixteenth, two thousand twenty-one, of a  dwell-
    33  ing  located  on  such plot or parcel and owned by the tenant where such
    34  transfer of title and possession is made to a  member  of  the  tenant's
    35  immediate  family  provided  that  the  member of the tenant's immediate
    36  family occupies the dwelling with the tenant prior to  the  transfer  of
    37  title and possession for a continuous period of two years.
    38    §  3.  Subdivision  a  of section 5 of section 4 of chapter 576 of the
    39  laws of 1974, constituting the emergency tenant protection act of  nine-
    40  teen  seventy-four,  is amended by adding a new paragraph 3-a to read as
    41  follows:
    42    (3-a) housing accommodations which become  vacant  on  or  after  June
    43  sixteenth,   two  thousand  twenty-one,  provided,  however,  that  this
    44  exemption shall not apply to or become effective with respect to housing
    45  accommodations which the commissioner determines or finds became  vacant
    46  because  the  landlord  or  any person acting on his or her behalf, with
    47  intent to cause the tenant to vacate, engaged in any course  of  conduct
    48  (including,  but  not  limited  to,  interruption  or  discontinuance of
    49  required services) which interfered with or disturbed or was intended to
    50  interfere in his or her use or occupancy of the housing accommodations;
    51    § 4. Section 26-504 of the administrative code of the city of New York
    52  is amended by adding a new subdivision d to read as follows:
    53    d. Notwithstanding any of the provisions of this section or  title  or
    54  any  other  provisions  of  law, this law shall not apply to any housing
    55  accommodation which becomes vacant on or after June sixteenth, two thou-
    56  sand twenty-one provided, however, that this exemption shall  not  apply

        A. 6130--A                          3
 
     1  to  or become effective with respect to housing accommodations which the
     2  commissioner determines or finds became vacant because the  landlord  or
     3  any  person acting on his or her behalf, with intent to cause the tenant
     4  to  vacate,  engaged in any course of conduct (including but not limited
     5  to, interruption or discontinuance of required services) which interfer-
     6  ed with or disturbed or was intended to interfere with  or  disturb  the
     7  comfort, repose, peace or quiet of the tenant in his or her use or occu-
     8  pancy of the housing accommodations.
     9    §  5.  This act shall take effect immediately; provided, however, that
    10  the amendments to the local emergency housing rent control act, made  by
    11  section  two  of this act, shall remain in full force and effect only so
    12  long as the public emergency requiring the  regulation  and  control  of
    13  residential  rents  and evictions continues, as provided in section 1 of
    14  chapter 21 of the laws of 1962, as amended; and  provided  further  that
    15  the  amendments to the rent stabilization law of nineteen hundred sixty-
    16  nine, made by section four of this act, shall expire on the same date as
    17  such law expires and shall not affect the  expiration  of  such  law  as
    18  provided  under section 26-520 of the administrative code of the city of
    19  New York.
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