STATE OF NEW YORK
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8368
2019-2020 Regular Sessions
IN ASSEMBLY
June 15, 2019
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Introduced by M. of A. EPSTEIN -- read once and referred to the Commit-
tee on Housing
AN ACT to amend the administrative code of the city of New York and the
emergency tenant protection act of nineteen seventy-four, in relation
to eliminating the price index of operating costs as a factor in
determining rent increases by the rent guidelines board
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 26-510 of the administrative code
2 of the city of New York is amended to read as follows:
3 b. The rent guidelines board shall establish annually guidelines for
4 rent adjustments, and in determining whether rents for housing accommo-
5 dations subject to the emergency tenant protection act of nineteen
6 seventy-four or this law shall be adjusted shall consider, among other
7 things (1) the economic condition of the residential real estate indus-
8 try in the affected area including such factors as the prevailing and
9 projected (i) [real estate taxes and sewer and water rates, (ii) gross
10 operating maintenance costs (including insurance rates, governmental
11 fees, cost of fuel and labor costs), (iii)] costs and availability of
12 financing (including effective rates of interest), [(iv)] (ii) over-all
13 supply of housing accommodations and over-all vacancy rates, (2) rele-
14 vant data from the current and projected cost of living indices for the
15 affected area, (3) such other data as may be made available to it. Not
16 later than July first of each year, the rent guidelines board shall file
17 with the city clerk its findings for the preceding calendar year, and
18 shall accompany such findings with a statement of the maximum rate or
19 rates of rent adjustment, if any, for one or more classes of accommo-
20 dations subject to this law, authorized for leases or other rental
21 agreements commencing on the next succeeding October first or within the
22 twelve months thereafter. Such findings and statement shall be published
23 in the City Record.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10414-01-9
A. 8368 2
1 § 2. Subdivision b of section 4 of section 4 of chapter 576 of the
2 laws of 1974, constituting the emergency tenant protection act of nine-
3 teen seventy-four, as amended by chapter 486 of the laws of 1976, the
4 opening paragraph as amended by chapter 403 of the laws of 1983 and the
5 second and third undesignated paragraphs as amended by chapter 330 of
6 the laws of 1980, is amended to read as follows:
7 b. A county rent guidelines board shall establish annually guidelines
8 for rent adjustments which, at its sole discretion may be varied and
9 different for and within the several zones and jurisdictions of the
10 board, and in determining whether rents for housing accommodations as to
11 which an emergency has been declared pursuant to this act shall be
12 adjusted, shall consider among other things (1) the economic condition
13 of the residential real estate industry in the affected area including
14 such factors as the prevailing and projected (i) [real estate taxes and
15 sewer and water rates, (ii) gross operating maintenance costs (including
16 insurance rates, governmental fees, cost of fuel and labor costs),
17 (iii)] costs and availability of financing (including effective rates of
18 interest), [(iv)] (ii) over-all supply of housing accommodations and
19 over-all vacancy rates, (2) relevant data from the current and projected
20 cost of living indices for the affected area, (3) such other data as may
21 be made available to it. As soon as practicable after its creation and
22 thereafter not later than July first of each year, a rent guidelines
23 board shall file with the state division of housing and community
24 renewal its findings for the preceding calendar year, and shall accompa-
25 ny such findings with a statement of the maximum rate or rates of rent
26 adjustment, if any, for one or more classes of accommodation subject to
27 this act, authorized for leases or other rental agreements commencing
28 during the next succeeding twelve months. The standards for rent adjust-
29 ments may be applicable for the entire county or may be varied according
30 to such zones or jurisdictions within such county as the board finds
31 necessary to achieve the purposes of this subdivision.
32 The standards for rent adjustments established annually shall be
33 effective for leases commencing on October first of each year and during
34 the next succeeding twelve months whether or not the board has filed its
35 findings and statement of the maximum rate or rates of rent adjustment
36 by July first of each year. If such lease is entered into before such
37 filing by the board, it may provide for the rent to be adjusted by the
38 rates then in effect, subject to change by the applicable rates of rent
39 adjustment when filed, such change to be effective as of the date of the
40 commencement of the lease. Said lease must provide that, if the new
41 rates of rent adjustment differ for leases of different terms, the
42 tenant has the option of changing the original lease term to any other
43 term for which a rate of rent adjustment is set by the board, with the
44 rental to be adjusted accordingly.
45 Where a city, town or village shall act to determine the existence of
46 public emergency pursuant to section three of this act subsequent to the
47 establishment of annual guidelines for rent adjustments of the accommo-
48 dations subject to this act, the rent guidelines board as soon as prac-
49 ticable thereafter shall file its findings and rates of rent adjustment
50 for leases or other rental agreements for the housing accommodations in
51 such a city, town or village, which rates shall be effective for leases
52 or other rental agreements commencing on or after the effective date of
53 the determination.
54 § 3. This act shall take effect immediately; provided, however, that
55 the amendments to section 26-510 of the rent stabilization law of nine-
56 teen hundred sixty-nine made by section one of this act shall expire on
A. 8368 3
1 the same date as such law expires and shall not affect the expiration of
2 such law as provided under section 26-520 of such law; and provided,
3 further, that the amendments to section 4 of the emergency tenant
4 protection act of nineteen seventy-four made by section two of this act
5 shall expire on the same date as such act expires and shall not affect
6 the expiration of such act as provided in section 17 of chapter 576 of
7 the laws of 1974, as amended.