Amd §§6 & 8, rpld §10-b, §6 sub d ¶3-a, Emerg Ten Prot Act of 1974; rpld §8-a, amd §4, Emerg Hous Rent Cont
L; amd §§26-511, 26-405 & 26-517.1, rpld §§26-511.1 & 26-405.1, NYC Ad Cd; rpld Part K §17, Chap 36 of 2019
Relates to permitting certain rent increases for capital improvements to rent regulated buildings and apartments.
STATE OF NEW YORK
________________________________________________________________________
6194
2021-2022 Regular Sessions
IN ASSEMBLY
March 10, 2021
___________
Introduced by M. of A. FITZPATRICK, BARCLAY, SCHMITT -- Multi-Sponsored
by -- M. of A. BROWN, BYRNES, JENSEN, LAWLER, REILLY, SMITH -- read
once and referred to the Committee on Housing
AN ACT to amend the emergency tenant protection act of nineteen seven-
ty-four, the emergency housing rent control law, and the administra-
tive code of the city of New York, in relation to rent increases in
certain cases; to repeal certain provisions of the administrative code
of the city of New York, the emergency tenant protection act of nine-
teen seventy-four, and the emergency housing rent control law relating
to improvements in rent regulated buildings and units; and to repeal
section 17 of part K of chapter 36 of the laws of 2019 enacting the
Housing Stability and Tenant Protection act of 2019 relating to the
use of certain revenues
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph 1 of subdivision d of section 6 of section 4 of
2 chapter 576 of the laws of 1974, constituting the emergency tenant
3 protection act of nineteen seventy-four, as amended by section 18 of
4 part Q of chapter 39 of the laws of 2019, is amended to read as follows:
5 (1) there has been a substantial modification or increase of dwelling
6 space or an increase in the services, or installation of new equipment
7 or improvements or new furniture or furnishings, provided in or to a
8 tenant's housing accommodation, on written [informed] tenant consent to
9 the rent increase. In the case of a vacant housing accommodation, tenant
10 consent shall not be required. The [temporary] permanent increase in the
11 legal regulated rent for the affected housing accommodation shall be
12 [one-one hundred sixty-eighth] one-fortieth, in the case of a building
13 with thirty-five or fewer housing accommodations or [one-one hundred
14 eightieth] one-sixtieth in the case of a building with more than thir-
15 ty-five housing accommodations where such permanent increase takes
16 effect on or after [the effective date of the chapter of the laws of two
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08349-01-1
A. 6194 2
1 thousand nineteen that amended this paragraph, of the total actual cost
2 incurred by the landlord up to fifteen thousand dollars in providing
3 such reasonable and verifiable modification or increase in dwelling
4 space, furniture, furnishings, or equipment, including the cost of
5 installation but excluding finance charges and any costs that exceed
6 reasonable costs established by rules and regulations promulgated by the
7 division of housing and community renewal. Such rules and regulations
8 shall include: (i) requirements for work to be done by licensed
9 contractors and a prohibition on common ownership between the landlord
10 and the contractor or vendor; and (ii) a requirement that the owner
11 resolve within the dwelling space all outstanding hazardous or imme-
12 diately hazardous violations of the Uniform Fire Prevention and Building
13 Code (Uniform Code), New York City Fire Code, or New York City Building
14 and Housing Maintenance Codes, if applicable] September twenty-fourth,
15 two thousand eleven, of the total cost incurred by the landlord in
16 providing such modification or increase in dwelling space, services,
17 furniture, furnishings or equipment, including the cost of installation,
18 but excluding finance charges. Provided further that an owner who is
19 entitled to a rent increase pursuant to this paragraph shall not be
20 entitled to a further rent increase based upon the installation of simi-
21 lar equipment, or new furniture or furnishings within the useful life of
22 such new equipment, or new furniture or furnishings. [Provided further
23 that the recoverable costs incurred by the landlord, pursuant to this
24 paragraph, shall be limited to an aggregate cost of fifteen thousand
25 dollars that may be expended on no more than three separate individual
26 apartment improvements in a fifteen year period beginning with the first
27 individual apartment improvement on or after June fourteenth, two thou-
28 sand nineteen. Provided further that increases to the legal regulated
29 rent pursuant to this paragraph shall be removed from the legal regu-
30 lated rent thirty years from the date the increase became effective
31 inclusive of any increases granted by the applicable rent guidelines
32 board.]
33 § 2. Paragraph 13 of subdivision c of section 26-511 of the adminis-
34 trative code of the city of New York, as amended by section 19 of part Q
35 of chapter 39 of the laws of 2019, is amended to read as follows:
36 (13) provides that an owner is entitled to a rent increase where there
37 has been a substantial modification or increase of dwelling space or an
38 increase in the services, or installation of new equipment or improve-
39 ments or new furniture or furnishings provided in or to a tenant's hous-
40 ing accommodation, on written [informed] tenant consent to the rent
41 increase. In the case of a vacant housing accommodation, tenant consent
42 shall not be required. The [temporary] permanent increase in the legal
43 regulated rent for the affected housing accommodation shall be [one-one
44 hundred sixty-eighth] one-fortieth, in the case of a building with thir-
45 ty-five or fewer housing accommodations [or one-one hundred eightieth],
46 or one-sixtieth in the case of a building with more than thirty-five
47 housing accommodations where such permanent increase takes effect on or
48 after [the effective date of the chapter of the laws of two thousand
49 nineteen that amended this paragraph, of the total actual cost incurred
50 by the landlord in providing such reasonable and verifiable modification
51 or increase in dwelling space, furniture, furnishings, or equipment,
52 including the cost of installation but excluding finance charges and any
53 costs that exceed reasonable costs established by rules and regulations
54 promulgated by the division of housing and community renewal. Such rules
55 and regulations shall include: (i) requirements for work to be done by
56 licensed contractors and prohibit common ownership between the landlord
A. 6194 3
1 and the contractor or vendor; and (ii) a requirement that the owner
2 resolve within the dwelling space all outstanding hazardous or imme-
3 diately hazardous violations of the Uniform Fire Prevention and Building
4 Code (Uniform Code), New York City Fire Code, or New York City Building
5 and Housing Maintenance Codes, if applicable] September twenty-fourth,
6 two thousand eleven, of the total cost incurred by the landlord in
7 providing such modification or increase in dwelling space, services,
8 furniture, furnishings or equipment, including the cost of installation,
9 by excluding finance charges. Provided further that an owner who is
10 entitled to a rent increase pursuant to this paragraph shall not be
11 entitled to a further rent increase based upon the installation of simi-
12 lar equipment, or new furniture or furnishings within the useful life of
13 such new equipment, or new furniture or furnishings. [Provided further
14 that the recoverable costs incurred by the landlord, pursuant to this
15 paragraph, shall be limited to an aggregate cost of fifteen thousand
16 dollars that may be expended on no more than three separate individual
17 apartment improvements in a fifteen year period beginning with the first
18 individual apartment improvement on or after June fourteenth, two thou-
19 sand nineteen. Provided further that increases to the legal regulated
20 rent pursuant to this paragraph shall be removed from the legal regu-
21 lated rent thirty years from the date the increase became effective
22 inclusive of any increases granted by the applicable rent guidelines
23 board.]
24 § 3. Subparagraph (e) of paragraph 1 of subdivision g of section
25 26-405 of the administrative code of the city of New York, as amended by
26 section 20 of part Q of chapter 39 of the laws of 2019, is amended to
27 read as follows:
28 (e) The landlord and tenant by mutual voluntary written agreement
29 [demonstrating informed consent] agree to a substantial increase or
30 decrease in dwelling space or a change in the services, furniture,
31 furnishings or equipment provided in the housing accommodations. An
32 adjustment under this subparagraph shall be equal to [one-one hundred
33 sixty-eighth] one-fortieth, in the case of a building with thirty-five
34 or fewer housing accommodations [or one-one hundred eightieth], or one-
35 sixtieth, in the case of a building with more than thirty-five housing
36 accommodations where such [temporary] adjustment takes effect on or
37 after [the effective date of the chapter of the laws of two thousand
38 nineteen that amended this subparagraph, of the total actual cost
39 incurred by the landlord in providing such reasonable and verifiable
40 modification or increase in dwelling space, furniture, furnishings, or
41 equipment, including the cost of installation but excluding finance
42 charges and any costs that exceed reasonable costs established by rules
43 and regulations promulgated by the division of housing and community
44 renewal. Such rules and regulations shall include: (i) requirements for
45 work to be done by licensed contractors and prohibit common ownership
46 between the landlord and the contractor or vendor; and (ii) a require-
47 ment that the owner resolve within the dwelling space all outstanding
48 hazardous or immediately hazardous violations of the Uniform Fire
49 Prevention and Building Code (Uniform Code), New York City Fire Code, or
50 New York City Building and Housing Maintenance Codes, if applicable.
51 Provided] September twenty-fourth, two thousand eleven, of the total
52 cost incurred by the landlord in providing such modification or increase
53 in dwelling space, services, furniture, furnishings or equipment,
54 including the cost of installation, but excluding finance charges,
55 provided further that an owner who is entitled to a rent increase pursu-
56 ant to this subparagraph shall not be entitled to a further rent
A. 6194 4
1 increase based upon the installation of similar equipment, or new furni-
2 ture or furnishings within the useful life of such new equipment, or new
3 furniture or furnishings. [Provided further that the recoverable costs
4 incurred by the landlord, pursuant to this subparagraph shall be limited
5 to an aggregate cost of fifteen thousand dollars that may be expended on
6 no more than three separate individual apartment improvements in a
7 fifteen year period beginning with the first individual apartment
8 improvement on or after June fourteenth, two thousand nineteen. Provided
9 further that increases to the legal regulated rent pursuant to this
10 subparagraph shall be removed from the legal regulated rent thirty years
11 from the date the increase became effective inclusive of any increases
12 granted by the applicable rent guidelines board.] The owner shall give
13 written notice to the city rent agency of any such [temporary] adjust-
14 ment pursuant to this subparagraph; or
15 § 4. Section 26-511.1 of the administrative code of the city of New
16 York is REPEALED.
17 § 5. Section 26-405.1 of the administrative code of the city of New
18 York is REPEALED.
19 § 6. Section 10-b of section 4 of chapter 576 of the laws of 1974,
20 constituting the emergency tenant protection act of nineteen seventy-
21 four, is REPEALED.
22 § 7. Section 8-a of chapter 274 of the laws of 1946, constituting the
23 emergency housing rent control law, is REPEALED.
24 § 8. Paragraph 2 of subdivision 3-a and subparagraphs 7 and 8 of the
25 second undesignated paragraph of paragraph (a) of subdivision 4 of
26 section 4 of chapter 274 of the laws of 1946, constituting the emergency
27 housing rent control law, paragraph 2 of subdivision 3-a and subpara-
28 graph 8 of the second undesignated paragraph of paragraph (a) of subdi-
29 vision 4 as amended by section 8 of part K of chapter 36 of the laws of
30 2019, subparagraph 7 of the second undesignated paragraph of paragraph
31 (a) of subdivision 4 as separately amended by section 14 of part K of
32 chapter 36 and section 25 of part Q of chapter 39 of the laws of 2019,
33 are amended to read as follows:
34 (2) the amount of increases in maximum rent authorized by order
35 because of increases in dwelling space, services, furniture, furnishings
36 or equipment [and the amount of the temporary increase authorized by
37 order because of a major capital improvement], or major capital improve-
38 ments.
39 (7) there has been since March first, nineteen hundred fifty, a major
40 capital improvement [essential] required for the operation, preserva-
41 tion[, energy efficiency, functionality, or infrastructure of the entire
42 building, improvement of the structure including heating, windows,
43 plumbing and roofing, but shall not be for operational costs or unneces-
44 sary cosmetic improvements] or maintenance of the structure; which for
45 any order of the commissioner issued after the effective date of the
46 [chapter of the laws of two thousand nineteen that amended this para-
47 graph] rent act of 2015 the cost of such improvement shall be amortized
48 over [a twelve-year] an eight-year period for buildings with thirty-five
49 or fewer units or a [twelve and one-half year] nine-year period for
50 buildings with more than thirty-five units[, and shall be removed from
51 the legal regulated rent thirty years from the date the increase became
52 effective inclusive of any increases granted by the applicable rent
53 guidelines board. Temporary major capital improvement increases shall be
54 collectible prospectively on the first day of the first month beginning
55 sixty days from the date of mailing notice of approval to the tenant.
56 Such notice shall disclose the total monthly increase in rent and the
A. 6194 5
1 first month in which the tenant would be required to pay the temporary
2 increase. An approval for a temporary major capital improvement increase
3 shall not include retroactive payments. The collection of any increase
4 shall not exceed two percent in any year from the effective date of the
5 order granting the increase over the rent set forth in the schedule of
6 gross rents, with collectability of any dollar excess above said sum to
7 be spread forward in similar increments and added to the rent as estab-
8 lished or set in future years. Upon vacancy, the landlord may add any
9 remaining balance of the temporary major capital improvement increase to
10 the legal regulated rent. Notwithstanding any other provision of the
11 law, for any renewal lease commencing on or after June 14, 2019, the
12 collection of any rent increases due to any major capital improvements
13 approved on or after June 16, 2012 and before June 16, 2019 shall not
14 exceed two percent in any year for any tenant in occupancy on the date
15 the major capital improvement was approved; provided, however, where an
16 application for a temporary major capital improvement increase has been
17 filed, a tenant shall have sixty days from the date of mailing of a
18 notice of a proceeding in which to answer or reply. The state division
19 of housing and community renewal shall provide any responding tenant
20 with the reasons for the division's approval or denial of such applica-
21 tion]; or
22 (8) there has been since March first, nineteen hundred fifty, in
23 structures containing more than four housing accommodations, other
24 improvements made with the express [informed] consent of the tenants in
25 occupancy of at least seventy-five per centum of the housing accommo-
26 dations, provided, however, that no adjustment granted hereunder shall
27 exceed [two] fifteen per centum unless the tenants have agreed to a
28 higher percentage of increase, as herein provided;
29 § 9. Paragraph 3 of subdivision d of section 6 of section 4 of chapter
30 576 of the laws of 1974, constituting the emergency tenant protection
31 act of nineteen seventy-four, as amended by section 26 of part Q of
32 chapter 39 of the laws of 2019, is amended to read as follows:
33 (3) there has been since January first, nineteen hundred seventy-four
34 a major capital improvement [essential for the preservation, energy
35 efficiency, functionality, or infrastructure of the entire building,
36 improvement of the structure including heating, windows, plumbing and
37 roofing, but shall not be for operation costs or unnecessary cosmetic
38 improvements] required for the operation, preservation or maintenance of
39 the structure. An adjustment under this paragraph shall be in an amount
40 sufficient to amortize the cost of the improvements pursuant to this
41 paragraph over [a twelve-year] an eight-year period for a building with
42 thirty-five or fewer housing accommodations, or a [twelve and one-half]
43 nine-year period for a building with more than thirty-five housing
44 accommodations [and shall be removed from the legal regulated rent thir-
45 ty years from the date the increase became effective inclusive of any
46 increases granted by the applicable rent guidelines board], for any
47 determination issued by the division of housing and community renewal
48 after the effective date of the [chapter of the laws of two thousand
49 nineteen that amended this paragraph. Temporary major capital improve-
50 ment increases shall be collectable prospectively on the first day of
51 the first month beginning sixty days from the date of mailing notice of
52 approval to the tenant. Such notice shall disclose the total monthly
53 increase in rent and the first month in which the tenant would be
54 required to pay the temporary increase. An approval for a temporary
55 major capital improvement increase shall not include retroactive
56 payments. The collection of any increase shall not exceed two percent in
A. 6194 6
1 any year from the effective date of the order granting the increase over
2 the rent set forth in the schedule of gross rents, with collectability
3 of any dollar excess above said sum to be spread forward in similar
4 increments and added to the rent as established or set in future years.
5 Upon vacancy, the landlord may add any remaining balance of the tempo-
6 rary major capital improvement increase to the legal regulated rent.
7 Notwithstanding any other provision of the law, the collection of any
8 rent increases for any renewal lease commencing on or after June 14,
9 2019, due to any major capital improvements approved on or after June
10 16, 2012 and before June 16, 2019 shall not exceed two percent in any
11 year for any tenant in occupancy on the date the major capital improve-
12 ment was approved] rent act of 2015, or
13 § 10. Subparagraph (g) of paragraph 1 of subdivision g of section
14 26-405 of the administrative code of the city of New York, as amended by
15 section 27 of part Q of chapter 39 of the laws of 2019, is amended to
16 read as follows:
17 (g) There has been since July first, nineteen hundred seventy, a major
18 capital improvement [essential] required for the operation, preservation
19 [energy efficiency, functionality, or infrastructure of the entire
20 building, improvement of the structure including heating, windows,
21 plumbing and roofing but shall not be for operational costs or unneces-
22 sary cosmetic improvements] or maintenance of the structure. [The tempo-
23 rary increase based upon a major capital improvement] An adjustment
24 under this subparagraph for any order of the commissioner issued after
25 the effective date of the [chapter of the laws of two thousand nineteen
26 that amended this subparagraph] rent act of two thousand fifteen shall
27 be in an amount sufficient to amortize the cost of the improvements
28 pursuant to this subparagraph (g) over [a twelve-year] an eight-year
29 period for buildings with thirty-five or fewer units or a [twelve and
30 one-half year] nine-year period for buildings with more than thirty-five
31 units[, and shall be removed from the legal regulated rent thirty years
32 from the date the increase became effective inclusive of any increases
33 granted by the applicable rent guidelines board. Temporary major capital
34 improvement increases shall be collectible prospectively on the first
35 day of the first month beginning sixty days from the date of mailing
36 notice of approval to the tenant. Such notice shall disclose the total
37 monthly increase in rent and the first month in which the tenant would
38 be required to pay the temporary increase. An approval for a temporary
39 major capital improvement increase shall not include retroactive
40 payments. The collection of any increase shall not exceed two percent in
41 any year from the effective date of the order granting the increase over
42 the rent set forth in the schedule of gross rents, with collectability
43 of any dollar excess above said sum to be spread forward in similar
44 increments and added to the rent as established or set in future years.
45 Upon vacancy, the landlord may add any remaining balance of the tempo-
46 rary major capital improvement increase to the legal regulated rent.
47 Notwithstanding any other provision of the law, for any renewal lease
48 commencing on or after June 14, 2019, the collection of any rent
49 increases due to any major capital improvements approved on or after
50 June 16, 2012 and before June 16, 2019 shall not exceed two percent in
51 any year for any tenant in occupancy on the date the major capital
52 improvement was approved], or
53 § 11. Paragraph 6 of subdivision c of section 26-511 of the adminis-
54 trative code of the city of New York, as separately amended by section
55 12 of part K of chapter 36 and sections 28 and 14 of part Q of chapter
56 39 of the laws of 2019, is amended to read as follows:
A. 6194 7
1 (6) provides criteria whereby the commissioner may act upon applica-
2 tions by owners for increases in excess of the level of fair rent
3 increase established under this law provided, however, that such crite-
4 ria shall provide (a) as to hardship applications, for a finding that
5 the level of fair rent increase is not sufficient to enable the owner to
6 maintain approximately the same average annual net income (which shall
7 be computed without regard to debt service, financing costs or manage-
8 ment fees) for the three year period ending on or within six months of
9 the date of an application pursuant to such criteria as compared with
10 annual net income, which prevailed on the average over the period nine-
11 teen hundred sixty-eight through nineteen hundred seventy, or for the
12 first three years of operation if the building was completed since nine-
13 teen hundred sixty-eight or for the first three fiscal years after a
14 transfer of title to a new owner provided the new owner can establish to
15 the satisfaction of the commissioner that he or she acquired title to
16 the building as a result of a bona fide sale of the entire building and
17 that the new owner is unable to obtain requisite records for the fiscal
18 years nineteen hundred sixty-eight through nineteen hundred seventy
19 despite diligent efforts to obtain same from predecessors in title and
20 further provided that the new owner can provide financial data covering
21 a minimum of six years under his or her continuous and uninterrupted
22 operation of the building to meet the three year to three year compar-
23 ative test periods herein provided; and (b) as to completed building-
24 wide major capital improvements, for a finding that such improvements
25 are deemed depreciable under the Internal Revenue Code and that the cost
26 is to be amortized over [a twelve-year] an eight-year period for a
27 building with thirty-five or fewer housing accommodations, or a [twelve
28 and one-half-year] nine-year period for a building with more than thir-
29 ty-five housing accommodations, for any determination issued by the
30 division of housing and community renewal after the effective date of
31 [the the chapter of the laws of two thousand nineteen that amended this
32 paragraph and shall be removed from the legal regulated rent thirty
33 years from the date the increase became effective inclusive of any
34 increases granted by the applicable rent guidelines board. Temporary
35 major capital improvement increases shall be collectible prospectively
36 on the first day of the first month beginning sixty days from the date
37 of mailing notice of approval to the tenant. Such notice shall disclose
38 the total monthly increase in rent and the first month in which the
39 tenant would be required to pay the temporary increase. An approval for
40 a temporary major capital improvement increase shall not include retro-
41 active payments. The collection of any increase shall not exceed two
42 percent in any year from the effective date of the order granting the
43 increase over the rent set forth in the schedule of gross rents, with
44 collectability of any dollar excess above said sum to be spread forward
45 in similar increments and added to the rent as established or set in
46 future years. Upon vacancy, the landlord may add any remaining balance
47 of the temporary major capital improvement increase to the legal regu-
48 lated rent. Notwithstanding any other provision of the law, for any
49 renewal lease commencing on or after June 14, 2019, the collection of
50 any rent increases due to any major capital improvements approved on or
51 after June 16, 2012 and before June 16, 2019 shall not exceed two
52 percent in any year for any tenant in occupancy on the date the major
53 capital improvement was approved] the rent act of 2015 or based upon
54 cash purchase price exclusive of interest or service charges. [Where an
55 application for a temporary major capital improvement increase has been
56 filed, a tenant shall have sixty days from the date of mailing of a
A. 6194 8
1 notice of a proceeding in which to answer or reply. The state division
2 of housing and community renewal shall provide any responding tenant
3 with the reasons for the division's approval or denial of such applica-
4 tion.] Notwithstanding anything to the contrary contained herein, no
5 hardship increase granted pursuant to this paragraph shall, when added
6 to the annual gross rents, as determined by the commissioner, exceed the
7 sum of, (i) the annual operating expenses, (ii) an allowance for manage-
8 ment services as determined by the commissioner, (iii) actual annual
9 mortgage debt service (interest and amortization) on its indebtedness to
10 a lending institution, an insurance company, a retirement fund or
11 welfare fund which is operated under the supervision of the banking or
12 insurance laws of the state of New York or the United States, and (iv)
13 eight and one-half percent of that portion of the fair market value of
14 the property which exceeds the unpaid principal amount of the mortgage
15 indebtedness referred to in subparagraph (iii) of this paragraph. Fair
16 market value for the purposes of this paragraph shall be six times the
17 annual gross rent. The collection of any increase in the stabilized rent
18 for any apartment pursuant to this paragraph shall not exceed six
19 percent in any year from the effective date of the order granting the
20 increase over the rent set forth in the schedule of gross rents, with
21 collectability of any dollar excess above said sum to be spread forward
22 in similar increments and added to the stabilized rent as established or
23 set in future years;
24 § 12. Intentionally omitted.
25 § 13. Paragraph 3-a of subdivision d of section 6 of section 4 of
26 chapter 576 of the laws of 1974, constituting the emergency tenant
27 protection act of nineteen seventy-four, is REPEALED.
28 § 14. Intentionally omitted.
29 § 15. Subdivision a of section 26-517.1 of the administrative code of
30 the city of New York, as amended by section 15 of part K of chapter 36
31 of the laws of 2019, is amended to read as follows:
32 a. The department of finance shall collect from the owner of each
33 housing accommodation registered pursuant to section 26-517 of this
34 chapter an annual fee in the amount of [twenty] ten dollars per year for
35 each unit subject to this law, in order to defray costs incurred by the
36 city pursuant to subdivision c of section eight of the emergency tenant
37 protection act of nineteen hundred seventy-four.
38 § 16. Subdivisions c and e of section 8 of section 4 of chapter 576 of
39 the laws of 1974 constituting the emergency tenant protection act of
40 nineteen seventy-four, subdivision c as amended by section 1 and subdi-
41 vision e as amended by section 2 of part I of chapter 56 of the laws of
42 2020, are amended to read as follows:
43 c. Whenever a city having a population of one million or more has
44 determined the existence of an emergency pursuant to section three of
45 this act, the provisions of this act and the New York city rent stabili-
46 zation law of nineteen hundred sixty-nine shall be administered by the
47 state division of housing and community renewal as provided in the New
48 York city rent stabilization law of nineteen hundred sixty-nine, as
49 amended, or as otherwise provided by law. The costs incurred by the
50 state division of housing and community renewal in administering such
51 regulation shall be paid by such city. All payments for such adminis-
52 tration shall be transmitted to the state division of housing and commu-
53 nity renewal as follows: on or after April first of each year commencing
54 with April, nineteen hundred eighty-four, the commissioner of housing
55 and community renewal, in consultation with the director of the budget,
56 shall determine an amount necessary to defray the division's anticipated
A. 6194 9
1 annual cost, and one-quarter of such amount shall be paid by such city
2 on or before July first of such year, one-quarter of such amount on or
3 before October first of such year, one-quarter of such amount on or
4 before January first of the following year and one-quarter of such
5 amount on or before March thirty-first of the following year. After the
6 close of the fiscal year of the state, the commissioner, in consultation
7 with the director of the budget, shall determine the amount of all actu-
8 al costs incurred in such fiscal year and shall certify such amount to
9 such city. If such certified amount shall differ from the amount paid by
10 the city for such fiscal year, appropriate adjustments shall be made in
11 the next quarterly payment to be made by such city. In the event that
12 the amount thereof is not paid to the commissioner, in consultation with
13 the director of the budget, as herein prescribed, the commissioner, in
14 consultation with the director of the budget, shall certify the unpaid
15 amount to the comptroller, and the comptroller shall, to the extent not
16 otherwise prohibited by law, withhold such amount from any state aid
17 payable to such city. In no event shall the amount imposed on the owners
18 exceed [twenty] ten dollars per unit per year.
19 e. The failure to pay the prescribed assessment not to exceed [twenty]
20 ten dollars per unit for any housing accommodation subject to this act
21 or the New York city rent stabilization law of nineteen hundred sixty-
22 nine shall constitute a charge due and owing such city, town or village
23 which has imposed an annual charge for each such housing accommodation
24 pursuant to subdivision b of this section. Any such city, town or
25 village shall be authorized to provide for the enforcement of the
26 collection of such charges by commencing an action or proceeding for the
27 recovery of such fees or by the filing of a lien upon the building and
28 lot. Such methods for the enforcement of the collection of such charges
29 shall be the sole remedy for the enforcement of this section.
30 § 17. Section 17 of part K of chapter 36 of the laws of 2019 enacting
31 the Housing Stability and Tenant Protection act of 2019, is REPEALED.
32 § 18. This act shall take effect immediately; provided, however, that:
33 (a) the amendments to chapter 4 of title 26 of the administrative code
34 of the city of New York made by sections two, eleven and fifteen of this
35 act shall expire on the same date as such chapter expires and shall not
36 affect the expiration of such chapter as provided under section 26-520
37 of such law;
38 (b) provided that the amendments to section 26-405 of the city rent
39 and rehabilitation law made by sections three and ten of this act shall
40 remain in full force and effect only as long as the public emergency
41 requiring the regulation and control of residential rents and evictions
42 continues, as provided in subdivision 3 of section 1 of the local emer-
43 gency housing rent control act; and
44 (c) effective immediately, the addition, amendment and/or repeal of
45 any rule or regulation necessary for the implementation of this act on
46 its effective date are authorized and directed to be made and completed
47 on or before such effective date.
