A08413 Summary:

BILL NOA08413A
 
SAME ASNo Same As
 
SPONSORCymbrowitz
 
COSPNSR
 
MLTSPNSR
 
Amd §§26-510, 26-511, 26-405, 26-511.1 & 26-405.1, rpld §26-403.1, §26-403 sub (e) ¶2 sub¶ (j), NYC Ad Cd; amd §§4, 5, 6, 10, 10-b & 12, Emerg Ten Prot Act of 1974; amd §§4, 5 & 8-a, rpld §2-a, Emerg Hous Rent Cont L; amd §20, Pub Hous L; amd §§226-c, 232-a, 232-b & 233, RP L; amd Part C §5, Part D §§6 - 8, Part K §18, Part M §29, Chap 36 of 2019
 
Relates to making certain technical corrections to chapter 36 of the laws of 2019 relating to rent control.
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A08413 Actions:

BILL NOA08413A
 
06/16/2019referred to codes
06/17/2019reported referred to rules
06/17/2019amend and recommit to rules 8413a
01/08/2020referred to codes
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A08413 Committee Votes:

CODES Chair:Lentol DATE:06/17/2019AYE/NAY:14/6 Action: Favorable refer to committee Rules
LentolAyeRaNay
SchimmingerAbsentGiglioNay
PretlowAyeMontesanoNay
CookAyeMorinelloNay
CymbrowitzAyePalumboNay
O'DonnellAyeGarbarinoNay
LavineAye
PerryAye
ZebrowskiAbsent
AbinantiAye
WeprinAye
MosleyAye
HevesiAye
FahyAye
SeawrightAye
RosenthalAye

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A08413 Floor Votes:

There are no votes for this bill in this legislative session.
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A08413 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8413--A
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 16, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  CYMBROWITZ  -- read once and referred to the
          Committee on Codes -- reported and referred to the Committee on  Rules
          --  Rules  Committee  discharged,  bill  amended, ordered reprinted as
          amended and recommitted to the Committee on Rules
 
        AN ACT to amend the administrative code of the  city  of  New  York,  to
          amend  the  emergency  tenant protection act of nineteen seventy-four,
          and to amend part C of chapter 36 of the laws of  2019,  amending  the
          administrative  code  of the city of New York and the emergency tenant
          protection act of nineteen seventy-four relating to vacancy of certain
          housing accommodations and to amend the  emergency  tenant  protection
          act  of  nineteen seventy-four and the administrative code of the city
          of New York relating to prohibiting a  county  rent  guidelines  board
          from establishing rent adjustments for class A dwelling units based on
          certain  considerations,  in  relation  to  rent guidelines boards; to
          amend part D of chapter 36 of the laws of 2019 amending the  emergency
          tenant  protection  act of nineteen seventy-four relating to vacancies
          in certain housing accommodations, in relation to making certain tech-
          nical corrections; to amend the emergency  tenant  protection  act  of
          nineteen  seventy-four  and the administrative code of the city of New
          York, in relation to vacancy decontrol; to  amend  the  administrative
          code  of  the city of New York, the emergency tenant protection act of
          nineteen seventy-four and the emergency housing rent control  law,  in
          relation  to recovery of certain housing accommodations by a landlord;
          to amend the emergency tenant protection act of nineteen seventy-four,
          the administrative code of the city of New York, the emergency housing
          rent control law, and to amend part K of chapter 36  of  the  laws  of
          2019,  amending the emergency tenant protection act of nineteen seven-
          ty-four and other laws, relating to a temporary increase  in  rent  in
          certain  cases,  in  relation  to  rent increases in certain cases; to
          amend the public housing law, in relation to  annual  reports  by  the
          state commissioner of housing and community renewal; to amend the real
          property  law,  in  relation  to notices required to tenants; to amend
          part M of chapter 36 of the laws of 2019, amending the  real  property
          law, and other laws, relating to enacting the "statewide housing secu-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13412-06-9

        A. 8413--A                          2
 
          rity and tenant protection act of 2019", in relation to the effective-
          ness of certain provisions thereof; to amend the real property law, in
          relation  to  the content of rent-to-own contracts pertaining to manu-
          factured  or mobile homes; to amend the emergency housing rent control
          law, in relation to adjustments of maximum rent; and to repeal certain
          provisions of the emergency housing rent control law and the  adminis-
          trative code of the city of New York relating to vacancy decontrol
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1.  Subdivision j of section 26-510 of the administrative code
     2  of the city of New York, as added by section 1 of part C of  chapter  36
     3  of the laws of 2019, is amended to read as follows:
     4    j. Notwithstanding any other provision of this law, the adjustment for
     5  vacancy leases covered by the provisions of this law shall be determined
     6  exclusively  pursuant  to  this  section.  [County]  The rent guidelines
     7  [boards] board shall no longer promulgate adjustments for vacancy leases
     8  unless otherwise authorized by this chapter.
     9    § 2. Subdivision e of section 4 of section 4 of  chapter  576  of  the
    10  laws  of 1974, constituting the emergency tenant protection act of nine-
    11  teen seventy-four, as added by section 2 of part C of chapter 36 of  the
    12  laws of 2019, is amended to read as follows:
    13    e. Notwithstanding any other provision of this act, the adjustment for
    14  vacancy leases covered by the provisions of this act shall be determined
    15  exclusively  pursuant  to  section  ten  of this act. [County rent] Rent
    16  guidelines boards shall no longer  promulgate  adjustments  for  vacancy
    17  leases.
    18    §  3. The opening paragraph of subdivision b of section 4 of section 4
    19  of chapter 576 of the laws of 1974, constituting  the  emergency  tenant
    20  protection act of nineteen seventy-four, as amended by section 3 of part
    21  C of chapter 36 of the laws of 2019, is amended to read as follows:
    22    A  county  rent guidelines board shall establish annual guidelines for
    23  rent adjustments which, at its sole discretion may be varied and differ-
    24  ent for and within the several zones and jurisdictions of the board, and
    25  in determining whether rents for housing accommodations as to  which  an
    26  emergency  has  been  declared  pursuant  to this act shall be adjusted,
    27  shall consider among other things (1)  the  economic  condition  of  the
    28  residential  real  estate  industry  in the affected area including such
    29  factors as the prevailing and projected (i) real estate taxes and  sewer
    30  and  water  rates,  (ii)  gross  operating  maintenance costs (including
    31  insurance rates, governmental fees, cost of fuel and labor costs), (iii)
    32  costs and availability of financing (including effective rates of inter-
    33  est), (iv) over-all supply of housing accommodations and over-all vacan-
    34  cy rates, (2) relevant data from  the  current  and  projected  cost  of
    35  living indices for the affected area, (3) such other data as may be made
    36  available to it. As soon as practicable after its creation and thereaft-
    37  er not later than July first of each year, a rent guidelines board shall
    38  file  with the state division of housing and community renewal its find-
    39  ings for the preceding calendar year, and shall accompany such  findings
    40  with  a  statement  of  the maximum rate or rates of rent adjustment, if
    41  any, for one or more classes  of  accommodation  subject  to  this  act,
    42  authorized  for  leases or other rental agreements commencing during the
    43  next succeeding twelve months. The standards for rent adjustments may be
    44  applicable for the entire county or may  be  varied  according  to  such

        A. 8413--A                          3
 
     1  zones  or  jurisdictions within such county as the board finds necessary
     2  to achieve the purposes of this subdivision.  A [county] rent guidelines
     3  board shall not establish annual guidelines for rent  adjustments  based
     4  on  the  current rental cost of a unit or on the amount of time that has
     5  elapsed since another rent increase  was  authorized  pursuant  to  this
     6  chapter.
     7    §  4.  Section 5 of part C of chapter 36 of the laws of 2019, amending
     8  the administrative code of the city of New York and the emergency tenant
     9  protection act of nineteen seventy-four relating to vacancy  of  certain
    10  housing  accommodations and to amend the emergency tenant protection act
    11  of nineteen seventy-four and the administrative code of the city of  New
    12  York  relating to prohibiting a county rent guidelines board from estab-
    13  lishing rent adjustments for class A dwelling  units  based  on  certain
    14  considerations, is amended to read as follows:
    15    §  5.  This act shall take effect immediately; provided, further, that
    16  the amendments to section 26-510 of chapter 4 of title 26 of the  admin-
    17  istrative  code of the city of New York made by sections one and four of
    18  this act shall expire on the same date as such law expires and shall not
    19  affect the expiration of such law as provided under  section  26-520  of
    20  such law.
    21    §  5.  Section  6 of part D of chapter 36 of the laws of 2019 amending
    22  the emergency tenant protection act of nineteen  seventy-four,  relating
    23  to  vacancies  in  certain housing accommodations, is amended to read as
    24  follows:
    25    § 6. Paragraph 12 of subdivision a of section 5 of section 4 of  chap-
    26  ter  576  of  the  laws  of  1974,  constituting  the  emergency  tenant
    27  protection act of nineteen seventy-four, is REPEALED.
    28    § 6. Section 7 of part D of chapter 36 of the laws  of  2019  amending
    29  the  emergency  tenant protection act of nineteen seventy-four, relating
    30  to vacancies in certain housing accommodations, is amended  to  read  as
    31  follows:
    32    §  7.  Section  5-a  of  section 4 of chapter 576 of the laws of 1974,
    33  constituting the emergency tenant protection act  of  nineteen  seventy-
    34  four, is REPEALED.
    35    §  7.  Section  26-403.1 of the administrative code of the city of New
    36  York is REPEALED.
    37    § 8. Subparagraph (j) of paragraph 2 of  subdivision  (e)  of  section
    38  26-403 of the administrative code of the city of New York is REPEALED.
    39    §  9. Section 2-a of chapter 274 of the laws of 1946, constituting the
    40  emergency housing rent control law, is REPEALED.
    41    § 10. Section 8 of part D of chapter 36 of the laws of 2019,  amending
    42  the  emergency  tenant protection act of nineteen seventy-four, relating
    43  to vacancies in certain housing accommodations, is amended  to  read  as
    44  follows:
    45    §  8.  This  act shall take effect immediately; provided however, that
    46  (i) any unit that was lawfully deregulated prior to June 14, 2019  shall
    47  remain  deregulated;  and (ii) a market rate unit in a multiple dwelling
    48  which receives benefits pursuant to subdivision 16 of section  421-a  of
    49  the  real  property  tax  law  shall  be  subject  to  the  deregulation
    50  provisions of rent stabilization as provided by law prior  to  June  14,
    51  2019.
    52    §  11.  Subdivision (a-2) of section 10 of section 4 of chapter 576 of
    53  the laws of 1974, constituting the emergency tenant  protection  act  of
    54  nineteen  seventy-four,  as amended by section 1 of part E of chapter 36
    55  of the laws of 2019, is amended to read as follows:

        A. 8413--A                          4
 
     1    (a-2) Where the amount of rent charged to and paid by  the  tenant  is
     2  less  than  the  legal regulated rent for the housing accommodation, the
     3  amount of rent for such housing accommodation which may be charged  upon
     4  vacancy  thereof,  may,  at  the option of the owner, be based upon such
     5  previously  established  legal  regulated  rent, as adjusted by the most
     6  recent applicable guidelines increases and other increases authorized by
     7  law.  [Any] For any tenant who is subject to a lease  on  or  after  the
     8  effective  date  of a chapter of the laws of two thousand nineteen which
     9  amended this subdivision, or is or was entitled to receive a renewal  or
    10  vacancy  lease  on  or  after such date, upon renewal of such lease, the
    11  amount of rent for such housing accommodation that may  be  charged  and
    12  paid  shall  be  no more than the rent charged to and paid by the tenant
    13  prior to that renewal, as adjusted by the most recent applicable  guide-
    14  lines  increases  and  any other increases authorized by law.  Provided,
    15  however, that for buildings that are subject to this statute  by  virtue
    16  of  a  regulatory  agreement  with  a  local government agency and which
    17  buildings receive federal project based rental  assistance  administered
    18  by  the  United  States department of housing and urban development or a
    19  state or local section eight administering agency, where the rent set by
    20  the federal, state or local governmental agency is less than  the  legal
    21  regulated  rent  for  the  housing accommodation, the amount of rent for
    22  such housing accommodation which may be charged  with  the  approval  of
    23  such  federal,  state  or local governmental agency upon renewal or upon
    24  vacancy thereof, may be based upon  such  previously  established  legal
    25  regulated  rent,  as  adjusted  by the most recent applicable guidelines
    26  increases or other increases authorized by  law;  and  further  provided
    27  that  such vacancy shall not be caused by the failure of the owner or an
    28  agent of the owner, to maintain the housing accommodation in  compliance
    29  with  the  warranty  of  habitability  set  forth  in subdivision one of
    30  section two hundred thirty-five-b of the real property law.
    31    § 12. Paragraph 14 of subdivision c of section 26-511 of the  adminis-
    32  trative  code of the city of New York, as amended by section 2 of part E
    33  of chapter 36 of the laws of 2019, is amended to read as follows:
    34    (14) where the amount of rent charged to and paid  by  the  tenant  is
    35  less  than  the  legal regulated rent for the housing accommodation, the
    36  amount of rent for such housing accommodation which may be charged  upon
    37  vacancy  thereof,  may,  at  the option of the owner, be based upon such
    38  previously established legal regulated rent, as  adjusted  by  the  most
    39  recent  applicable  guidelines increases and any other increases author-
    40  ized by law.  [Any] For any tenant who is subject to a lease on or after
    41  the effective date of a chapter of the laws  of  two  thousand  nineteen
    42  which amended this paragraph, or is or was entitled to receive a renewal
    43  or  vacancy lease on or after such date, upon renewal of such lease, the
    44  amount of rent for such housing accommodation that may  be  charged  and
    45  paid  shall  be  no more than the rent charged to and paid by the tenant
    46  prior to that renewal, as adjusted by the most recent applicable  guide-
    47  lines  increases  and  any other increases authorized by law.  Provided,
    48  however, that for buildings that are subject to this statute  by  virtue
    49  of  a  regulatory  agreement  with  a  local government agency and which
    50  buildings receive federal project based rental  assistance  administered
    51  by  the  United  States department of housing and urban development or a
    52  state or local section eight administering agency, where the rent set by
    53  the federal, state or local governmental agency is less than  the  legal
    54  regulated  rent  for  the  housing accommodation, the amount of rent for
    55  such housing accommodation which may be charged  with  the  approval  of
    56  such  federal,  state  or local governmental agency upon renewal or upon

        A. 8413--A                          5
 
     1  vacancy thereof, may be based upon  such  previously  established  legal
     2  regulated  rent,  as  adjusted  by the most recent applicable guidelines
     3  increases and other increases authorized by law;  and  further  provided
     4  that  such vacancy shall not be caused by the failure of the owner or an
     5  agent of the owner, to maintain the housing accommodation in  compliance
     6  with  the  warranty  of  habitability  set  forth  in subdivision one of
     7  section two hundred thirty-five-b of the real property law.
     8    § 13. Paragraph 9 of subdivision a of section 12 of section 4 of chap-
     9  ter  576  of  the  laws  of  1974,  constituting  the  emergency  tenant
    10  protection act of nineteen seventy-four, as added by section 2 of part F
    11  of chapter 36 of the laws of 2019, is amended to read as follows:
    12    (9)  The  division of housing and community renewal and the courts, in
    13  investigating complaints of overcharge and in  determining  legal  regu-
    14  lated  rents, shall consider all available rent history which is reason-
    15  ably necessary to make such determinations, including but not limited to
    16  (a) any rent registration or other records filed with the state division
    17  of housing and community renewal,  or  any  other  state,  municipal  or
    18  federal  agency, regardless of the date to which the information on such
    19  registration refers; (b) any order issued by  any  state,  municipal  or
    20  federal  agency; (c) any records maintained by the owner or tenants; and
    21  (d) any public record kept in the regular  course  of  business  by  any
    22  state,  municipal or federal agency. Nothing contained in this paragraph
    23  shall limit the examination of rent history relevant to a  determination
    24  as to:
    25    (i)  whether  the legality of a rental amount charged or registered is
    26  reliable in light of all available evidence including, but  not  limited
    27  to, whether an unexplained increase in the registered or lease rents, or
    28  a  fraudulent  scheme to destabilize the housing accommodation, rendered
    29  such rent or registration unreliable;
    30    (ii) whether an accommodation  is  subject  to  the  emergency  tenant
    31  protection act;
    32    (iii) whether an order issued by the division of housing and community
    33  renewal or a court of competent jurisdiction, including, but not limited
    34  to  an  order  issued  pursuant to section [26-514 of the administrative
    35  code of the city of New York] seven  of  this  act,  or  any  regulatory
    36  agreement  or other contract with any governmental agency, and remaining
    37  in effect within six years of the filing of a complaint pursuant to this
    38  section, affects or limits the amount of rent that  may  be  charged  or
    39  collected;
    40    (iv) whether an overcharge was or was not willful;
    41    (v)  whether a rent adjustment that requires information regarding the
    42  length of occupancy by a present or prior tenant was lawful;
    43    (vi) the existence or terms and conditions of a preferential rent,  or
    44  the  propriety  of  a  legal  registered  rent  during a period when the
    45  tenants were charged a preferential rent;
    46    (vii) the legality of a rent charged or registered  immediately  prior
    47  to the registration of a preferential rent; or
    48    (viii)  the amount of the legal regulated rent where the apartment was
    49  vacant or temporarily exempt on the date six years prior to  a  tenant's
    50  complaint.
    51    §  14.  Subparagraph  (b)  of  paragraph 9 of subdivision c of section
    52  26-511 of the administrative code of the city of New York, as amended by
    53  section 2 of part I of chapter 36 of the laws of  2019,  is  amended  to
    54  read as follows:
    55    (b)  where  he or she seeks to recover possession of one dwelling unit
    56  because of immediate  and  compelling  necessity  for  his  or  her  own

        A. 8413--A                          6
 
     1  personal  use  and  occupancy as his or her primary residence or for the
     2  use and occupancy of a member of his or her immediate family as  his  or
     3  her  primary  residence,  provided however, that this subparagraph shall
     4  permit  recovery  of  only one dwelling unit and shall not apply where a
     5  tenant or the spouse of a tenant lawfully occupying the dwelling unit is
     6  sixty-two years of age or older, has been a tenant in a dwelling unit in
     7  that building for fifteen years or more,  or  has  an  impairment  which
     8  results  from  anatomical,  physiological  or  psychological conditions,
     9  other than addiction to alcohol, gambling, or any controlled  substance,
    10  which  are  demonstrable by medically acceptable clinical and laboratory
    11  diagnostic techniques, and which are expected to be permanent and  which
    12  prevent  the tenant from engaging in any substantial gainful employment,
    13  unless such owner offers to provide and if requested, provides an equiv-
    14  alent or superior housing accommodation at the same or lower  stabilized
    15  rent  in  a  closely proximate area. The provisions of this subparagraph
    16  shall only permit one of  the  individual  owners  of  any  building  to
    17  recover  possession of one dwelling unit for his or her own personal use
    18  and/or for that of his or her immediate family. A dwelling  unit  recov-
    19  ered by an owner pursuant to this subparagraph shall not for a period of
    20  three years be rented, leased, subleased or assigned to any person other
    21  than a person for whose benefit recovery of the dwelling unit is permit-
    22  ted  pursuant  to this subparagraph or to the tenant in occupancy at the
    23  time of recovery under the same terms as the original  lease;  provided,
    24  however, that a tenant required to surrender a [housing accommodation by
    25  virtue  of the operation of subdivision g or h of section 26-408 of this
    26  title] dwelling unit under this  subparagraph  shall  have  a  cause  of
    27  action  in any court of competent jurisdiction for damages, declaratory,
    28  and injunctive relief against a landlord or purchaser  of  the  premises
    29  who makes a fraudulent statement regarding a proposed use of the housing
    30  accommodation.  In  any  action  or  proceeding brought pursuant to this
    31  subparagraph a prevailing tenant shall be entitled to recovery of actual
    32  damages, and reasonable attorneys' fees.  This subparagraph shall not be
    33  deemed to establish or eliminate any claim that the former tenant of the
    34  dwelling unit may otherwise have against the  owner.  Any  such  rental,
    35  lease, sublease or assignment during such period to any other person may
    36  be subject to a penalty of a forfeiture of the right to any increases in
    37  residential rents in such building for a period of three years; or
    38    §  15.  Subdivision a of section 10 of section 4 of chapter 576 of the
    39  laws of 1974, constituting the emergency tenant protection act of  nine-
    40  teen  seventy-four,  as  amended by section 3 of part I of chapter 36 of
    41  the laws of 2019, is amended to read as follows:
    42    a. For cities having a population of less than one million  and  towns
    43  and  villages, the state division of housing and community renewal shall
    44  be empowered to implement this  act  by  appropriate  regulations.  Such
    45  regulations  may encompass such speculative or manipulative practices or
    46  renting or leasing practices as the state division of housing and commu-
    47  nity renewal determines constitute or are likely to cause  circumvention
    48  of  this act. Such regulations shall prohibit practices which are likely
    49  to prevent any person from asserting any right or remedy granted by this
    50  act, including but not limited to retaliatory  termination  of  periodic
    51  tenancies and shall require owners to grant a new one or two year vacan-
    52  cy or renewal lease at the option of the tenant, except where a mortgage
    53  or  mortgage  commitment existing as of the local effective date of this
    54  act provides that the owner shall not grant a one-year lease; and  shall
    55  prescribe  standards with respect to the terms and conditions of new and
    56  renewal leases, additional rent and such  related  matters  as  security

        A. 8413--A                          7
 
     1  deposits, advance rental payments, the use of escalator clauses in leas-
     2  es and provision for increase in rentals for garages and other ancillary
     3  facilities,  so as to [insure] ensure that the level of rent adjustments
     4  authorized  under  this  law will not be subverted and made ineffective.
     5  Any provision of the regulations permitting an owner to refuse to  renew
     6  a lease on grounds that the owner seeks to recover possession of a hous-
     7  ing  accommodation  for  his or her own use and occupancy or for the use
     8  and occupancy of his or her immediate family shall  permit  recovery  of
     9  only  one housing accommodation, shall require that an owner demonstrate
    10  immediate and compelling need and that the housing accommodation will be
    11  the proposed occupants' primary residence and shall not  apply  where  a
    12  member  of the housing accommodation is sixty-two years of age or older,
    13  has been a tenant in  a  housing  accommodation  in  that  building  for
    14  fifteen  years  or more, or has an impairment which results from anatom-
    15  ical, physiological or psychological conditions, other than addiction to
    16  alcohol, gambling, or any controlled substance, which  are  demonstrable
    17  by  medically  acceptable clinical and laboratory diagnostic techniques,
    18  and which are expected to be permanent and which prevent the tenant from
    19  engaging in any substantial gainful employment; provided, however,  that
    20  a tenant required to surrender a housing accommodation [by virtue of the
    21  operation  of subdivision g or h of section 26-408 of the administrative
    22  code of the city of New York] under this subdivision shall have a  cause
    23  of action in any court of competent jurisdiction for damages, declarato-
    24  ry,  and  injunctive relief against a landlord or purchaser of the prem-
    25  ises who makes a fraudulent statement regarding a proposed  use  of  the
    26  housing  accommodation.  In any action or proceeding brought pursuant to
    27  this subdivision a prevailing tenant shall be entitled  to  recovery  of
    28  actual damages, and reasonable attorneys' fees.
    29    §  16.  Paragraph  (a) of subdivision 2 of section 5 of chapter 274 of
    30  the laws of 1946, constituting the emergency housing rent  control  law,
    31  as  amended by section 4 of part I of chapter 36 of the laws of 2019, is
    32  amended to read as follows:
    33    (a) the landlord seeks in good faith to recover possession of a  hous-
    34  ing  accommodation because of immediate and compelling necessity for his
    35  or her own personal use and occupancy as his or her primary residence or
    36  for the use and occupancy of his or her immediate family as their prima-
    37  ry residence; provided, however, this subdivision shall permit  recovery
    38  of  only one housing accommodation and shall not apply where a member of
    39  the household lawfully occupying the housing accommodation is  sixty-two
    40  years  of  age or older, has been a tenant in a housing accommodation in
    41  that building for fifteen years or more,  or  has  an  impairment  which
    42  results  from  anatomical,  physiological  or  psychological conditions,
    43  other than addiction to alcohol, gambling, or any controlled  substance,
    44  which  are  demonstrable by medically acceptable clinical and laboratory
    45  diagnostic techniques, and which are expected to be permanent and  which
    46  prevent  the tenant from engaging in any substantial gainful employment;
    47  provided, however, that a tenant required to surrender a housing  accom-
    48  modation  [by  virtue  of the operation of subdivision g or h of section
    49  26-408 of the administrative code of the city of New  York]  under  this
    50  paragraph  shall have a cause of action in any court of competent juris-
    51  diction for damages, declaratory, and injunctive relief against a  land-
    52  lord  or  purchaser  of  the  premises  who makes a fraudulent statement
    53  regarding a proposed use of the housing accommodation. In any action  or
    54  proceeding  brought pursuant to this paragraph a prevailing tenant shall
    55  be entitled to recovery of actual  damages,  and  reasonable  attorneys'
    56  fees; or

        A. 8413--A                          8
 
     1    §  17.  Paragraphs 6 and 10 of subdivision a of section 5 of section 4
     2  of chapter 576 of the laws of 1974, constituting  the  emergency  tenant
     3  protection act of nineteen seventy-four, paragraph 6 as amended by chap-
     4  ter  403 of the laws of 1983 and paragraph 10 as amended by section 1 of
     5  part  J  of  chapter  36  of  the  laws  of 2019, are amended to read as
     6  follows:
     7    (6) housing accommodations owned or operated by a  hospital,  convent,
     8  monastery, asylum, public institution, or college or school dormitory or
     9  any  institution  operated  exclusively  for  charitable  or educational
    10  purposes on a non-profit basis other than (i) those accommodations occu-
    11  pied by a tenant on the date such housing accommodation is  acquired  by
    12  any such institution, or which are occupied subsequently by a tenant who
    13  is not affiliated with such institution at the time of his initial occu-
    14  pancy   or   (ii)   permanent  housing  accommodations  with  government
    15  contracted services, as of and after June fourteenth, two thousand nine-
    16  teen, to vulnerable individuals or individuals with disabilities who are
    17  or were homeless or at risk of homelessness; provided, however, that the
    18  terms of leases in existence as of June fourteenth, two  thousand  nine-
    19  teen,  shall  only  be affected upon lease renewal, and further provided
    20  that upon the vacancy of such housing accommodations,  the  legal  regu-
    21  lated  rent for such housing accommodations shall be the legal regulated
    22  rent paid for such housing accommodations by the prior  tenant,  subject
    23  only to any adjustment adopted by the applicable rent guidelines board;
    24    (10)  housing  accommodations  in  buildings  operated exclusively for
    25  charitable purposes on a non-profit basis except for  permanent  housing
    26  accommodations  with government contracted services, as of and after the
    27  effective date of the chapter of the laws of two thousand nineteen  that
    28  amended  this  paragraph,  to vulnerable individuals or individuals with
    29  disabilities who are or  were  homeless  or  at  risk  of  homelessness;
    30  provided,  however,  that  the  terms  of  leases in existence as of the
    31  effective date of the chapter of the laws of two thousand nineteen  that
    32  amended  this  paragraph, shall only be affected upon lease renewal, and
    33  further provided that upon the vacancy of such  housing  accommodations,
    34  the  legal  regulated  rent for such housing accommodations shall be the
    35  legal regulated rent paid for such housing accommodations by  the  prior
    36  tenant,  subject  only  to any adjustment adopted by the applicable rent
    37  guidelines board;
    38    § 18. Paragraph 1 of subdivision d of section 6 of section 4 of  chap-
    39  ter  576  of  the  laws  of  1974,  constituting  the  emergency  tenant
    40  protection act of nineteen seventy-four, as amended by section 1 of part
    41  K of chapter 36 of the laws of 2019, is amended to read as follows:
    42    (1) there has been a substantial modification or increase of  dwelling
    43  space, or installation of new equipment or improvements or new furniture
    44  or  furnishings,  provided in or to a tenant's housing accommodation, on
    45  written informed tenant consent to the rent increase.  In the case of  a
    46  vacant housing accommodation, tenant consent shall not be required.  The
    47  temporary  increase in the legal regulated rent for the affected housing
    48  accommodation shall be one-one hundred sixty-eighth, in the  case  of  a
    49  building  with  thirty-five  or  fewer housing accommodations or one-one
    50  hundred eightieth in the case of a building with more  than  thirty-five
    51  housing  accommodations where such increase takes effect on or after the
    52  effective date of the chapter of the laws of two thousand nineteen  that
    53  amended  this  paragraph, of the total actual cost incurred by the land-
    54  lord up to fifteen thousand dollars in  providing  such  reasonable  and
    55  verifiable  modification  or  increase  in  dwelling  space,  furniture,
    56  furnishings, or  equipment,  including  the  cost  of  installation  but

        A. 8413--A                          9
 
     1  excluding  finance  charges  and  any costs that exceed reasonable costs
     2  established by rules and regulations  promulgated  by  the  division  of
     3  housing and community renewal. Such rules and regulations shall include:
     4  (i)  requirements  for  work  to  be  done by licensed contractors and a
     5  prohibition on common ownership between the landlord and the  contractor
     6  or  vendor;  and  (ii)  a  requirement that the owner resolve within the
     7  dwelling  space  all  outstanding  hazardous  or  immediately  hazardous
     8  violations  of  the  Uniform  Fire Prevention and Building Code (Uniform
     9  Code), New York City Fire Code, or New York City  Building  and  Housing
    10  Maintenance  Codes, if applicable. Provided further that an owner who is
    11  entitled to a rent increase pursuant to  this  paragraph  shall  not  be
    12  entitled to a further rent increase based upon the installation of simi-
    13  lar equipment, or new furniture or furnishings within the useful life of
    14  such  new  equipment,  or new furniture or furnishings. Provided further
    15  that the recoverable costs incurred by the landlord,  pursuant  to  this
    16  paragraph,  shall  be  limited  to an aggregate cost of fifteen thousand
    17  dollars that may be expended on no more than three  separate  individual
    18  apartment improvements in a fifteen year period beginning with the first
    19  individual  apartment improvement on or after June fourteenth, two thou-
    20  sand nineteen. Provided further that increases to  the  legal  regulated
    21  rent  pursuant  to  this paragraph shall be removed from the legal regu-
    22  lated rent thirty years from the  date  the  increase  became  effective
    23  inclusive  of  any  increases  granted by the applicable rent guidelines
    24  board.
    25    § 19. Paragraph 13 of subdivision c of section 26-511 of the  adminis-
    26  trative  code of the city of New York, as amended by section 2 of part K
    27  of chapter 36 of the laws of 2019, is amended to read as follows:
    28    (13) provides that an owner is entitled to a rent increase where there
    29  has been a substantial modification or increase of  dwelling  space,  or
    30  installation  of  new  equipment  or  improvements  or  new furniture or
    31  furnishings provided in or to a tenant's housing accommodation, on writ-
    32  ten informed tenant consent to the rent  increase.  In  the  case  of  a
    33  vacant  housing accommodation, tenant consent shall not be required. The
    34  temporary increase in the legal regulated rent for the affected  housing
    35  accommodation  shall  be  one-one hundred sixty-eighth, in the case of a
    36  building with thirty-five or fewer  housing  accommodations  or  one-one
    37  hundred  eightieth  in the case of a building with more than thirty-five
    38  housing accommodations where such increase takes effect on or after  the
    39  effective  date of the chapter of the laws of two thousand nineteen that
    40  amended this paragraph, of the total actual cost incurred by  the  land-
    41  lord  in  providing  such  reasonable  and  verifiable  modification  or
    42  increase  in  dwelling  space,  furniture,  furnishings,  or  equipment,
    43  including the cost of installation but excluding finance charges and any
    44  costs  that exceed reasonable costs established by rules and regulations
    45  promulgated by the division of housing and community renewal. Such rules
    46  and regulations shall include: (i) requirements for work to be  done  by
    47  licensed  contractors and prohibit common ownership between the landlord
    48  and the contractor or vendor; and (ii)  a  requirement  that  the  owner
    49  resolve  within  the  dwelling  space all outstanding hazardous or imme-
    50  diately hazardous violations of the Uniform Fire Prevention and Building
    51  Code (Uniform Code), New York City Fire Code, or New York City  Building
    52  and  Housing  Maintenance Codes, if applicable. Provided further that an
    53  owner who is entitled to a rent  increase  pursuant  to  this  paragraph
    54  shall  not be entitled to a further rent increase based upon the instal-
    55  lation of similar equipment, or new furniture or furnishings within  the
    56  useful  life  of  such  new  equipment, or new furniture or furnishings.

        A. 8413--A                         10
 
     1  Provided further that the recoverable costs incurred  by  the  landlord,
     2  pursuant  to  this  paragraph,  shall be limited to an aggregate cost of
     3  fifteen thousand dollars that may be expended  on  no  more  than  three
     4  separate  individual  apartment  improvements  in  a fifteen year period
     5  beginning with the first individual apartment improvement  on  or  after
     6  June  fourteenth, two thousand nineteen. Provided further that increases
     7  to the legal regulated rent pursuant to this paragraph shall be  removed
     8  from  the  legal  regulated rent thirty years from the date the increase
     9  became effective inclusive of any increases granted  by  the  applicable
    10  rent guidelines board.
    11    §  20.  Subparagraph  (e)  of  paragraph 1 of subdivision g of section
    12  26-405 of the administrative code of the city of New York, as amended by
    13  section 3 of part K of chapter 36 of the laws of  2019,  is  amended  to
    14  read as follows:
    15    (e)  The  landlord  and  tenant  by mutual voluntary written agreement
    16  demonstrating informed  consent  agree  to  a  substantial  increase  or
    17  decrease  in  dwelling  space  or  a change in furniture, furnishings or
    18  equipment provided in the housing accommodations.  An  adjustment  under
    19  this subparagraph shall be equal to one-one hundred sixty-eighth, in the
    20  case  of  a building with thirty-five or fewer housing accommodations or
    21  one-one hundred eightieth in the case of a building with more than thir-
    22  ty-five housing accommodations where  such  temporary  adjustment  takes
    23  effect  on or after the effective date of the chapter of the laws of two
    24  thousand nineteen that amended this subparagraph, of  the  total  actual
    25  cost  incurred  by the landlord in providing such reasonable and verifi-
    26  able modification or increase in dwelling space, furniture, furnishings,
    27  or equipment, including the cost of installation but  excluding  finance
    28  charges  and any costs that exceed reasonable costs established by rules
    29  and regulations promulgated by the division  of  housing  and  community
    30  renewal.  Such rules and regulations shall include: (i) requirements for
    31  work to be done by licensed contractors and  prohibit  common  ownership
    32  between  the  landlord and the contractor or vendor; and (ii) a require-
    33  ment that the owner resolve within the dwelling  space  all  outstanding
    34  hazardous  or  immediately  hazardous  violations  of  the  Uniform Fire
    35  Prevention and Building Code (Uniform Code), New York City Fire Code, or
    36  New York City Building and Housing  Maintenance  Codes,  if  applicable.
    37  Provided further that an owner who is entitled to a rent increase pursu-
    38  ant  to  this  subparagraph  shall  not  be  entitled  to a further rent
    39  increase based upon the installation of similar equipment, or new furni-
    40  ture or furnishings within the useful life of such new equipment, or new
    41  furniture or furnishings.  Provided further that the  recoverable  costs
    42  incurred by the landlord, pursuant to this subparagraph shall be limited
    43  to an aggregate cost of fifteen thousand dollars that may be expended on
    44  no  more  than  three  separate  individual  apartment improvements in a
    45  fifteen year  period  beginning  with  the  first  individual  apartment
    46  improvement on or after June fourteenth, two thousand nineteen. Provided
    47  further  that  increases  to  the  legal regulated rent pursuant to this
    48  subparagraph shall be removed from the legal regulated rent thirty years
    49  from the date the increase became effective inclusive of  any  increases
    50  granted  by  the applicable rent guidelines board.  The owner shall give
    51  written notice to the city rent agency of any such temporary  adjustment
    52  pursuant to this subparagraph; or
    53    §  21. Paragraphs 8 and 12 of subdivision a of section 26-511.1 of the
    54  administrative code of the city of New York, as added by  section  4  of
    55  part  K  of  chapter  36  of  the  laws  of 2019, are amended to read as
    56  follows:

        A. 8413--A                         11
 
     1    (8) establish that temporary major capital improvement increases shall
     2  be collectible prospectively on the first day of the first month  begin-
     3  ning  sixty  days  from  the  date  of mailing notice of approval to the
     4  tenant. Such notice shall disclose the total monthly  increase  in  rent
     5  and  the  first  month  in which the tenant would be required to pay the
     6  temporary increase. An approval for a temporary major  capital  improve-
     7  ment  increase shall not include retroactive payments. The collection of
     8  any increase shall not exceed two percent in any year from the effective
     9  date of the order granting the increase over the rent set forth  in  the
    10  schedule  of gross rents, with collectability of any dollar excess above
    11  said sum to be spread forward in similar increments  and  added  to  the
    12  rent  as  established or set in future years. Upon vacancy, the landlord
    13  may add any remaining balance of the temporary major capital improvement
    14  increase  to  the  legal  regulated  rent.  Notwithstanding  any   other
    15  provision  of the law, for any renewal lease commencing on or after June
    16  14, 2019, the collection of any rent increases due to any major  capital
    17  improvements approved on or after June 16, 2012 and before June 16, 2019
    18  shall  not exceed two percent in any year [beginning on or after Septem-
    19  ber 1, 2019] for any tenant in occupancy on the date the  major  capital
    20  improvement was approved;
    21    (12)  establish  a  form  in  the top six languages other than English
    22  spoken in the state according to the latest available data from the U.S.
    23  Bureau of Census for a temporary individual apartment  improvement  rent
    24  increase  for  a tenant in occupancy which shall be used by landlords to
    25  obtain written informed consent that shall include the  estimated  total
    26  cost  of the improvement and the estimated monthly rent increase.  [Such
    27  consent shall be executed in the tenant's primary language.]  Such  form
    28  shall be completed and preserved in the centralized electronic retention
    29  system  to be operational by June 14, 2020. Nothing herein shall relieve
    30  a landlord, lessor, or agent thereof of his or her duty to retain proper
    31  documentation of  all  improvements  performed  or  any  rent  increases
    32  resulting from said improvements.
    33    §  22. Paragraphs 8 and 12 of subdivision a of section 26-405.1 of the
    34  administrative code of the city of New York, as added by  section  5  of
    35  part  K  of  chapter  36  of  the  laws  of 2019, are amended to read as
    36  follows:
    37    (8) establish that temporary major capital improvement increases shall
    38  be collectible prospectively on the first day of the first month  begin-
    39  ning  sixty  days  from  the  date  of mailing notice of approval to the
    40  tenant. Such notice shall disclose the total monthly  increase  in  rent
    41  and  the  first  month  in which the tenant would be required to pay the
    42  temporary increase. An approval for a temporary major  capital  improve-
    43  ment  increase shall not include retroactive payments. The collection of
    44  any increase shall not exceed two percent in any year from the effective
    45  date of the order granting the increase over the rent set forth  in  the
    46  schedule  of gross rents, with collectability of any dollar excess above
    47  said sum to be spread forward in similar increments  and  added  to  the
    48  rent  as  established or set in future years. Upon vacancy, the landlord
    49  may add any remaining balance of the temporary major capital improvement
    50  increase  to  the  legal  regulated  rent.  Notwithstanding  any   other
    51  provision  of the law, for any renewal lease commencing on or after June
    52  14, 2019, the collection of any rent increases due to any major  capital
    53  improvements approved on or after June 16, 2012 and before June 16, 2019
    54  shall  not exceed two percent in any year [beginning on or after Septem-
    55  ber 1, 2019] for any tenant in occupancy on the date the  major  capital
    56  improvement was approved;

        A. 8413--A                         12
 
     1    (12)  establish  a  form  in  the top six languages other than English
     2  spoken in the state according to the latest available data from the U.S.
     3  Bureau of Census for a temporary individual apartment  improvement  rent
     4  increase  for  a tenant in occupancy which shall be used by landlords to
     5  obtain  written  informed consent that shall include the estimated total
     6  cost of the improvement and the estimated monthly rent increase.   [Such
     7  consent  shall  be executed in the tenant's primary language.] Such form
     8  shall be completed and preserved in the centralized electronic retention
     9  system to be operational by June 14, 2020. Nothing herein shall  relieve
    10  a landlord, lessor, or agent thereof of his or her duty to retain proper
    11  documentation  of  all  improvements  performed  or  any  rent increases
    12  resulting from said improvements.
    13    § 23. Paragraphs 8 and 12  of  subdivision  (a)  of  section  10-b  of
    14  section 4 of chapter 576 of the laws of 1974, constituting the emergency
    15  tenant protection act of nineteen seventy-four, as added by section 6 of
    16  part  K  of  chapter  36  of  the  laws  of 2019, are amended to read as
    17  follows:
    18    8. establish that temporary major capital improvement increases  shall
    19  be  collectible prospectively on the first day of the first month begin-
    20  ning sixty days from the date of  mailing  notice  of  approval  to  the
    21  tenant.  Such  notice  shall disclose the total monthly increase in rent
    22  and the first month in which the tenant would be  required  to  pay  the
    23  temporary  increase.  An approval for a temporary major capital improve-
    24  ment increase shall not include retroactive payments. The collection  of
    25  any increase shall not exceed two percent in any year from the effective
    26  date  of  the order granting the increase over the rent set forth in the
    27  schedule of gross rents, with collectability of any dollar excess  above
    28  said  sum  to  be  spread forward in similar increments and added to the
    29  rent as established or set in future years. Upon vacancy,  the  landlord
    30  may add any remaining balance of the temporary major capital improvement
    31  increase   to  the  legal  regulated  rent.  Notwithstanding  any  other
    32  provision of the law, for any renewal lease commencing on or after  June
    33  14,  2019, the collection of any rent increases due to any major capital
    34  improvements approved on or after June 16, 2012 and before June 16, 2019
    35  shall not exceed two percent in any year [beginning on or after  Septem-
    36  ber  1,  2019] for any tenant in occupancy on the date the major capital
    37  improvement was approved;
    38    12. establish a form in the  top  six  languages  other  than  English
    39  spoken in the state according to the latest available data from the U.S.
    40  Bureau  of  Census for a temporary individual apartment improvement rent
    41  increase for a tenant in occupancy which shall be used by  landlords  to
    42  obtain  written  informed consent that shall include the estimated total
    43  cost of the improvement and the estimated monthly rent increase.   [Such
    44  consent  shall  be executed in the tenant's primary language.] Such form
    45  shall be completed and preserved in the centralized electronic retention
    46  system to be operational by June 14, 2020. Nothing herein shall  relieve
    47  a landlord, lessor, or agent thereof of his or her duty to retain proper
    48  documentation  of  all  improvements  performed  or  any  rent increases
    49  resulting from said improvements.
    50    § 24. Paragraphs (h) and (l) of subdivision 1 of section 8-a of  chap-
    51  ter  274  of  the  laws of 1946, constituting the emergency housing rent
    52  control law, as added by section 7 of part K of chapter 36 of  the  laws
    53  of 2019, are amended to read as follows:
    54    (h) establish that temporary major capital improvement increases shall
    55  be  collectible prospectively on the first day of the first month begin-
    56  ning sixty days from the date of  mailing  notice  of  approval  to  the

        A. 8413--A                         13
 
     1  tenant.  Such  notice  shall disclose the total monthly increase in rent
     2  and the first month in which the tenant would be  required  to  pay  the
     3  temporary  increase.  An approval for a temporary major capital improve-
     4  ment  increase shall not include retroactive payments. The collection of
     5  any increase shall not exceed two percent in any year from the effective
     6  date of the order granting the increase over the rent set forth  in  the
     7  schedule  of gross rents, with collectability of any dollar excess above
     8  said sum to be spread forward in similar increments  and  added  to  the
     9  rent  as  established or set in future years. Upon vacancy, the landlord
    10  may add any remaining balance of the temporary major capital improvement
    11  increases  to  the  legal  regulated  rent.  Notwithstanding  any  other
    12  provision  of the law, for any renewal lease commencing on or after June
    13  14, 2019, the collection of any rent increases due to any major  capital
    14  improvements approved on or after June 16, 2012 and before June 16, 2019
    15  shall  not exceed two percent in any year [beginning on or after Septem-
    16  ber 1, 2019] for any tenant in occupancy on the date the  major  capital
    17  improvement was approved;
    18    (l)  establish  a  form  in  the  top six languages other than English
    19  spoken in the state according to the latest available data from the U.S.
    20  Bureau of Census for a temporary individual apartment  improvement  rent
    21  increase  for  a tenant in occupancy which shall be used by landlords to
    22  obtain written informed consent that shall include the  estimated  total
    23  cost  of the improvement and the estimated monthly rent increase.  [Such
    24  consent shall be executed in the tenant's primary language.]  Such  form
    25  shall be completed and preserved in the centralized electronic retention
    26  system  to be operational by June 14, 2020. Nothing herein shall relieve
    27  a landlord, lessor, or agent thereof of his or her duty to retain proper
    28  documentation of  all  improvements  performed  or  any  rent  increases
    29  resulting from said improvements.
    30    § 25. Subparagraph 7 of the second undesignated paragraph of paragraph
    31  (a)  of  subdivision  4 of section 4 of chapter 274 of the laws of 1946,
    32  constituting the emergency housing  rent  control  law,  as  amended  by
    33  section  8  of  part  K of chapter 36 of the laws of 2019, is amended to
    34  read as follows:
    35    (7) there has been since March first, nineteen hundred fifty, a  major
    36  capital  improvement  essential for the preservation, energy efficiency,
    37  functionality, or infrastructure of the entire building, improvement  of
    38  the  structure  including  heating,  windows,  plumbing and roofing, but
    39  shall not be for operational costs or unnecessary cosmetic improvements;
    40  which for any order of the commissioner issued after the effective  date
    41  of  the  chapter  of the laws of two thousand nineteen that amended this
    42  paragraph the cost of such improvement shall be amortized over a twelve-
    43  year period for buildings with thirty-five or fewer units  or  a  twelve
    44  and one-half year period for buildings with more than thirty-five units,
    45  and shall be removed from the legal regulated rent thirty years from the
    46  date the increase became effective inclusive of any increases granted by
    47  the  applicable rent guidelines board.  Temporary major capital improve-
    48  ment increases shall be collectible prospectively on the  first  day  of
    49  the  first month beginning sixty days from the date of mailing notice of
    50  approval to the tenant. Such notice shall  disclose  the  total  monthly
    51  increase  in  rent  and  the  first  month  in which the tenant would be
    52  required to pay the temporary increase.  An  approval  for  a  temporary
    53  major   capital  improvement  increase  shall  not  include  retroactive
    54  payments. The collection of any increase shall not exceed two percent in
    55  any year from the effective date of the order granting the increase over
    56  the rent set forth in the schedule of gross rents,  with  collectability

        A. 8413--A                         14
 
     1  of  any  dollar  excess  above  said sum to be spread forward in similar
     2  increments and added to the rent as established or set in future  years.
     3  Upon  vacancy,  the landlord may add any remaining balance of the tempo-
     4  rary  major  capital  improvement  increase to the legal regulated rent.
     5  Notwithstanding any other provision of the law, for  any  renewal  lease
     6  commencing  on  or  after  June  14,  2019,  the  collection of any rent
     7  increases due to any major capital improvements  approved  on  or  after
     8  June  16,  2012 and before June 16, 2019 shall not exceed two percent in
     9  any year [beginning on or after September 1, 2019]  for  any  tenant  in
    10  occupancy on the date the major capital improvement was approved; or
    11    §  26. Paragraph 3 of subdivision d of section 6 of section 4 of chap-
    12  ter  576  of  the  laws  of  1974,  constituting  the  emergency  tenant
    13  protection act of nineteen seventy-four, as amended by section 9 of part
    14  K of chapter 36 of the laws of 2019, is amended to read as follows:
    15    (3)  there has been since January first, nineteen hundred seventy-four
    16  a major capital improvement essential for the preservation, energy effi-
    17  ciency,  functionality,  or  infrastructure  of  the  entire   building,
    18  improvement  of  the  structure including heating, windows, plumbing and
    19  roofing, but shall not be for operation costs  or  unnecessary  cosmetic
    20  improvements.  An  adjustment under this paragraph shall be in an amount
    21  sufficient to amortize the cost of the  improvements  pursuant  to  this
    22  paragraph  over  a twelve-year period for a building with thirty-five or
    23  fewer housing accommodations, or a twelve  and  one-half  period  for  a
    24  building  with more than thirty-five housing accommodations and shall be
    25  removed from the legal regulated rent thirty years  from  the  date  the
    26  increase  became  effective  inclusive  of  any increases granted by the
    27  applicable rent guidelines board, for any determination  issued  by  the
    28  division  of  housing  and community renewal after the effective date of
    29  the chapter of the laws of two thousand nineteen that amended this para-
    30  graph[; the]. Temporary major capital  improvement  increases  shall  be
    31  collectable  prospectively on the first day of the first month beginning
    32  sixty days from the date of mailing notice of approval  to  the  tenant.
    33  Such  notice  shall  disclose the total monthly increase in rent and the
    34  first month in which the tenant would be required to pay  the  temporary
    35  increase. An approval for a temporary major capital improvement increase
    36  shall  not  include retroactive payments. The collection of any increase
    37  shall not exceed two percent in any year from the effective date of  the
    38  order  granting  the increase over the rent set forth in the schedule of
    39  gross rents, with collectability of any dollar excess above said sum  to
    40  be  spread forward in similar increments and added to the rent as estab-
    41  lished or set in future years.  Upon vacancy, the landlord may  add  any
    42  remaining balance of the temporary major capital improvement increase to
    43  the  legal  regulated  rent.  Notwithstanding any other provision of the
    44  law, the collection of any rent increases for any renewal lease commenc-
    45  ing on or after June 14, 2019, due to  any  major  capital  improvements
    46  approved  on  or  after June 16, 2012 and before June 16, 2019 shall not
    47  exceed two percent in any year [beginning on or after September 1, 2019]
    48  for any tenant in occupancy on the date the  major  capital  improvement
    49  was approved, or
    50    §  27.  Subparagraph  (g)  of  paragraph 1 of subdivision g of section
    51  26-405 of the administrative code of the city of New York, as amended by
    52  section 10 of part K of chapter 36 of the laws of 2019,  is  amended  to
    53  read as follows:
    54    (g) There has been since July first, nineteen hundred seventy, a major
    55  capital  improvement  essential  for the preservation energy efficiency,
    56  functionality, or infrastructure of the entire building, improvement  of

        A. 8413--A                         15

     1  the structure including heating, windows, plumbing and roofing but shall
     2  not  be for operational costs or unnecessary cosmetic improvements.  The
     3  temporary increase based upon a major  capital  improvement  under  this
     4  subparagraph  for  any order of the commissioner issued after the effec-
     5  tive date of the chapter of the  laws  of  two  thousand  nineteen  that
     6  amended  this  subparagraph shall be in an amount sufficient to amortize
     7  the cost of the improvements pursuant to this subparagraph  (g)  over  a
     8  twelve-year  period  for  buildings with thirty-five or fewer units or a
     9  twelve and one-half year period for buildings with more than thirty-five
    10  units, and 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.  Temporary major  capi-
    13  tal  improvement  increases  shall  be  collectible prospectively on the
    14  first day of the first month beginning sixty days from the date of mail-
    15  ing notice of approval to the tenant. Such  notice  shall  disclose  the
    16  total  monthly  increase in rent and the first month in which the tenant
    17  would be required to pay the  temporary  increase.  An  approval  for  a
    18  temporary  major capital improvement increase shall not include retroac-
    19  tive payments. The collection of  any  increase  shall  not  exceed  two
    20  percent  in  any  year from the effective date of the order granting the
    21  increase over the rent set forth in the schedule of  gross  rents,  with
    22  collectability  of any dollar excess above said sum to be spread forward
    23  in similar increments and added to the rent as  established  or  set  in
    24  future  years.  Upon vacancy, the landlord may add any remaining balance
    25  of the temporary major capital improvement increase to the  legal  regu-
    26  lated  rent.  Notwithstanding  any  other  provision of the law, for any
    27  renewal lease commencing on or after June 14, 2019,  the  collection  of
    28  any  rent increases due to any major capital improvements approved on or
    29  after June 16, 2012 and before  June  16,  2019  shall  not  exceed  two
    30  percent  in  any  year [beginning on or after September 1, 2019] for any
    31  tenant in occupancy on  the  date  the  major  capital  improvement  was
    32  approved, or
    33    §  28.  Paragraph 6 of subdivision c of section 26-511 of the adminis-
    34  trative code of the city of New York, as amended by section 11 of part K
    35  of chapter 36 of the laws of 2019, is amended to read as follows:
    36    (6) provides criteria whereby the commissioner may act  upon  applica-
    37  tions  by  owners  for  increases  in  excess  of the level of fair rent
    38  increase established under this law provided, however, that such  crite-
    39  ria  shall  provide  (a) as to hardship applications, for a finding that
    40  the level of fair rent increase is not sufficient to enable the owner to
    41  maintain approximately the same average annual net income  (which  shall
    42  be  computed  without regard to debt service, financing costs or manage-
    43  ment fees) for the three year period ending on or within six  months  of
    44  the  date  of  an application pursuant to such criteria as compared with
    45  annual net income, which prevailed on the average over the period  nine-
    46  teen  hundred  sixty-eight  through nineteen hundred seventy, or for the
    47  first three years of operation if the building was completed since nine-
    48  teen hundred sixty-eight or for the first three  fiscal  years  after  a
    49  transfer of title to a new owner provided the new owner can establish to
    50  the  satisfaction  of  the commissioner that he or she acquired title to
    51  the building as a result of a bona fide sale of the entire building  and
    52  that  the new owner is unable to obtain requisite records for the fiscal
    53  years nineteen hundred  sixty-eight  through  nineteen  hundred  seventy
    54  despite  diligent  efforts to obtain same from predecessors in title and
    55  further provided that the new owner can provide financial data  covering
    56  a  minimum  of  six  years under his or her continuous and uninterrupted

        A. 8413--A                         16
 
     1  operation of the building to meet the three year to three  year  compar-
     2  ative  test  periods  herein provided; and (b) as to completed building-
     3  wide major capital improvements, for a finding  that  such  improvements
     4  are deemed depreciable under the Internal Revenue Code and that the cost
     5  is  to  be amortized over a twelve-year period for a building with thir-
     6  ty-five or fewer housing accommodations, or a twelve  and  one-half-year
     7  period for a building with more than thirty-five housing accommodations,
     8  for  any  determination  issued by the division of housing and community
     9  renewal after the effective date of the the chapter of the laws  of  two
    10  thousand  nineteen that amended this paragraph and shall be removed from
    11  the legal regulated rent thirty years from the date the increase  became
    12  effective  inclusive  of  any  increases  granted by the applicable rent
    13  guidelines board.  Temporary major capital improvement  increases  shall
    14  be  collectible prospectively on the first day of the first month begin-
    15  ning sixty days from the date of  mailing  notice  of  approval  to  the
    16  tenant.  Such  notice  shall disclose the total monthly increase in rent
    17  and the first month in which the tenant would be  required  to  pay  the
    18  temporary  increase.  An approval for a temporary major capital improve-
    19  ment increase shall not include retroactive payments. The collection  of
    20  any increase shall not exceed two percent in any year from the effective
    21  date  of  the order granting the increase over the rent set forth in the
    22  schedule of gross rents, with collectability of any dollar excess  above
    23  said  sum  to  be  spread forward in similar increments and added to the
    24  rent as established or set in future years. Upon vacancy,  the  landlord
    25  may add any remaining balance of the temporary major capital improvement
    26  increase   to  the  legal  regulated  rent.  Notwithstanding  any  other
    27  provision of the law, for any renewal lease commencing on or after  June
    28  14,  2019, the collection of any rent increases due to any major capital
    29  improvements approved on or after June 16, 2012 and before June 16, 2019
    30  shall not exceed two percent in any year [beginning on or after  Septem-
    31  ber  1,  2019] for any tenant in occupancy on the date the major capital
    32  improvement was approved or based upon cash purchase price exclusive  of
    33  interest  or  service  charges. Notwithstanding anything to the contrary
    34  contained herein, no hardship increase granted pursuant  to  this  para-
    35  graph  shall, when added to the annual gross rents, as determined by the
    36  commissioner, exceed the sum of, (i) the annual operating expenses, (ii)
    37  an allowance for management services as determined by the  commissioner,
    38  (iii) actual annual mortgage debt service (interest and amortization) on
    39  its  indebtedness  to  a  lending  institution,  an insurance company, a
    40  retirement fund or welfare fund which is operated under the  supervision
    41  of  the banking or insurance laws of the state of New York or the United
    42  States, and (iv) eight and one-half percent of that portion of the  fair
    43  market  value  of the property which exceeds the unpaid principal amount
    44  of the mortgage indebtedness referred to in subparagraph (iii)  of  this
    45  paragraph. Fair market value for the purposes of this paragraph shall be
    46  six  times  the annual gross rent. The collection of any increase in the
    47  stabilized rent for any apartment pursuant to this paragraph  shall  not
    48  exceed  six  percent  in  any  year from the effective date of the order
    49  granting the increase over the rent set forth in the schedule  of  gross
    50  rents,  with  collectability  of  any dollar excess above said sum to be
    51  spread forward in similar increments and added to the stabilized rent as
    52  established or set in future years;
    53    § 29. Subdivision (c) of section 18 of part K of  chapter  36  of  the
    54  laws  of  2019, amending the emergency tenant protection act of nineteen
    55  seventy-four and other laws relating to a temporary increase in rent  in
    56  certain cases, is amended to read as follows:

        A. 8413--A                         17
 
     1    (c)  [effective immediately,] the addition, amendment and/or repeal of
     2  any rule or regulation necessary for the implementation of this  act  on
     3  [its  effective  date  are  authorized  and] and after June 14, 2019 are
     4  directed to be made immediately and completed on or before [such  effec-
     5  tive  date]  June 14, 2020, provided however that in the absence of such
     6  rules and regulations,  the  division  shall  immediately  commence  and
     7  continue implementation of all provisions of this act.
     8    §  30. Subdivision 2 of section 20 of the public housing law, as added
     9  by section 2 of part L of chapter 36 of the laws of 2019, is amended  to
    10  read as follows:
    11    2.  The  commissioner  shall,  on or before December thirty-first, two
    12  thousand nineteen, and on or before December thirty-first in each subse-
    13  quent year, submit and make publicly available a report to the governor,
    14  the temporary president of the senate, the speaker of the assembly,  and
    15  on  its  website, on the implementation of the system of rent regulation
    16  pursuant to chapter five hundred seventy-six of  the  laws  of  nineteen
    17  hundred  seventy-four,  chapter  two hundred seventy four of the laws of
    18  nineteen hundred forty-six, chapter three  hundred  twenty-nine  of  the
    19  laws of nineteen hundred sixty-three, chapter five hundred fifty-five of
    20  the laws of nineteen hundred eighty-two, chapter four hundred two of the
    21  laws  of  nineteen  hundred eighty-three, chapter one hundred sixteen of
    22  the laws of nineteen hundred ninety-seven, sections 26-501, 26-502,  and
    23  26-520  of the administrative code of the city of New York and the hous-
    24  ing stability and tenant protection act of  2019.    Such  report  shall
    25  include  but  not be limited to: a narrative describing the programs and
    26  activities undertaken by the  office  of  rent  administration  and  the
    27  tenant  protection unit, and any other programs or activities undertaken
    28  by the division to implement, administer, and enforce the system of rent
    29  regulation; and in tabular format, for each of the  three  fiscal  years
    30  immediately preceding the date the report is due: (i) the number of rent
    31  stabilized housing accommodations within each county; (ii) the number of
    32  rent  controlled  housing  accommodations  within each county; (iii) the
    33  number of applications for major capital  improvements  filed  with  the
    34  division,  the  number  of  such applications approved as submitted, the
    35  number of such applications approved with modifications, and the  number
    36  of  such applications rejected; (iv) the median and mean value of appli-
    37  cations for major capital improvements approved; (v) the number of units
    38  which were registered with the division where the amount charged to  and
    39  paid  by  the  tenant  was less than the registered rent for the housing
    40  accommodation; (vi) for housing accommodations that were registered with
    41  the division where the amount charged to and paid by the tenant was less
    42  than the registered rent for the housing accommodation, the  median  and
    43  mean  difference between the registered rent for a housing accommodation
    44  and the amount charged to and paid by the tenant; (vii) the  median  and
    45  mean  registered rent for housing accommodations for which the lease was
    46  renewed by an existing tenant; (viii) the  median  and  mean  registered
    47  rent  for  housing  accommodations for which a lease was signed by a new
    48  tenant after a vacancy; (ix) the median and mean  increase,  in  dollars
    49  and  as  a percentage, in the registered rent for housing accommodations
    50  where the lease was signed by a new tenant  after  a  vacancy;  (x)  the
    51  median  and mean increase, in dollars and as a percentage, in the regis-
    52  tered rent for housing accommodations where the lease was  signed  by  a
    53  new  tenant after a vacancy, where the amount changed to and paid by the
    54  prior tenant was the full registered rent;  (xi)  the  median  and  mean
    55  increase,  in  dollars  and  as a percentage, in the registered rent for
    56  housing accommodations where the lease was signed by a new tenant  after

        A. 8413--A                         18
 
     1  a  vacancy, where the amount changed to and paid by the prior tenant was
     2  less than the registered rent;  (xii)  the  number  of  rent  overcharge
     3  complaints  processed  by the division; (xiii) the number of final over-
     4  charge orders granting an overcharge; (xiv) the number of investigations
     5  commenced  by  the  tenant protection unit, the aggregate number of rent
     6  stabilized or rent controlled housing accommodations in each county that
     7  were the subject of such investigations, and the  dispositions  of  such
     8  investigations.  At  the  time the report is due, the commissioner shall
     9  make available to the governor, the temporary president of  the  senate,
    10  the  speaker  of the assembly, and shall make publicly available, and on
    11  its website in machine readable format, the data used  to  tabulate  the
    12  figures  required  to be included in the report, taking any steps neces-
    13  sary to protect  confidential  information  regarding  ongoing  investi-
    14  gations,  individual buildings, housing accommodations, property owners,
    15  and tenants.
    16    § 31. Subdivision 2 of section 226-c of  the  real  property  law,  as
    17  added  by  section  3  of  part  M of chapter 36 of the laws of 2019, is
    18  amended to read as follows:
    19    2. (a) For the purposes of this section, the required notice shall  be
    20  based on the cumulative amount of time the tenant has occupied the resi-
    21  dence or the length of the tenancy in each lease, whichever is longer.
    22    (b)  If  the  tenant  has occupied the unit for less than one year and
    23  does not have a lease term of at least  one  year,  the  landlord  shall
    24  provide at least thirty days' notice.
    25    [(b)]  (c)  If the tenant has occupied the unit for more than one year
    26  but less than two years, or has a lease term of at least  one  year  but
    27  less  than  two  years,  the landlord shall provide at least sixty days'
    28  notice.
    29    [(c)] (d) If the tenant has occupied the unit for more than two  years
    30  or has a lease term of at least two years, the landlord shall provide at
    31  least ninety days' notice.
    32    §  32. Section 232-a of the real property law, as amended by section 6
    33  of part M of chapter 36 of the laws of  2019,  is  amended  to  read  as
    34  follows:
    35    §  232-a. Notice to terminate monthly tenancy or tenancy from month to
    36  month in the city of New York. No monthly tenant, or tenant  from  month
    37  to  month, shall hereafter be removed from any lands or buildings in the
    38  city of New York on the grounds of holding over the tenant's term unless
    39  pursuant to the notice period required by subdivision two of section two
    40  hundred twenty-six-c of this article, or for  a  tenancy  other  than  a
    41  residential  tenancy  at  least thirty days before the expiration of the
    42  term, the landlord or the landlord's agent serve upon the tenant, in the
    43  same manner in which a notice of petition in summary proceedings is  now
    44  allowed  to be served by law, a notice in writing to the effect that the
    45  landlord elects to terminate the tenancy  and  that  unless  the  tenant
    46  removes  from  such  premises  on  the day designated in the notice, the
    47  landlord will commence summary proceedings under the statute  to  remove
    48  such tenant therefrom.
    49    §  33. Section 232-b of the real property law, as amended by section 7
    50  of part M of chapter 36 of the laws of  2019,  is  amended  to  read  as
    51  follows:
    52    §  232-b.  Notification  to  terminate monthly tenancy or tenancy from
    53  month to month outside the city of New York. A monthly tenancy or tenan-
    54  cy from month to month of any lands or buildings located outside of  the
    55  city  of New York may be terminated by the tenant or for a tenancy other
    56  than a residential tenancy the landlord, upon the tenant's or  non-resi-

        A. 8413--A                         19
 
     1  dential  landlord's  notifying the landlord or non-residential tenant at
     2  least one month before the  expiration  of  the  term  of  the  tenant's
     3  election  to terminate; provided, however, that no notification shall be
     4  necessary to terminate a tenancy for a definite term.
     5    § 34. Section 29 of part M of chapter 36 of the laws of 2019, amending
     6  the  real  property  law,  and  other  laws, in relation to enacting the
     7  "statewide housing security and  tenant  protection  act  of  2019",  is
     8  amended to read as follows:
     9    §  29.  This  act  shall  take  effect  immediately and shall apply to
    10  actions and proceedings commenced  on  or  after  such  effective  date;
    11  provided,  however, that sections three, six and seven shall take effect
    12  on the one hundred twentieth day after this act shall have become a law;
    13  provided, further, that section  twenty-five  of  this  act  shall  take
    14  effect  on  the thirtieth day after this act shall have become a law and
    15  shall apply to any lease or rental agreement or renewal of  a  lease  or
    16  rental  agreement  entered  into  on  or after such date; and, provided,
    17  further, [section] sections five, fourteen,  sixteen  and  seventeen  of
    18  this  act  shall  take  effect on the thirtieth day after this act shall
    19  have become a law.
    20    § 35. Paragraph 2 of subdivision y of section 233 of the real property
    21  law, as added by section 9 of part O of chapter 36 of the laws of  2019,
    22  is amended to read as follows:
    23    2.  Every  rent-to-own  contract shall be in writing and clearly state
    24  all terms, including but not limited to: a description of the home to be
    25  leased, including the name of the manufacturer, the  serial  number  and
    26  the  year of manufacture; the site number upon which the home is located
    27  in the manufactured home park; an itemized statement of any payments  to
    28  be made during the term of the contract, including the initial lot rent,
    29  the  rental  amount  for  the  home,  and  the amount of the rent-to-own
    30  payments; the term of the agreement; the number of  payments,  itemized,
    31  required to be made over the term of the agreement; [the annual percent-
    32  age rate of the amount financed] any lien or security interest encumber-
    33  ing  the  manufactured  or mobile home, if applicable; and the amount of
    34  any additional fees to be paid during the term. A  rent-to-own  contract
    35  shall  not require a manufactured home tenant to pay any additional fees
    36  for transfer of ownership at the end of the lease period. A  rent-to-own
    37  contract  shall provide that where the rent-to-own tenant pays all rent-
    38  to-own payments and other fees established in the  contract  during  the
    39  lease term, title transferred at the end of the lease term shall be free
    40  of superior interests, liens or encumbrances.
    41    § 36. Subparagraph 5 of the second undesignated paragraph of paragraph
    42  (a)  of  subdivision  4 of section 4 of chapter 274 of the laws of 1946,
    43  constituting the emergency housing  rent  control  law,  as  amended  by
    44  section  25  of  part B of chapter 97 of the laws of 2011, is amended to
    45  read as follows:
    46    (5) the landlord and  tenant  by  mutual  voluntary  written  informed
    47  agreement  agree to a substantial increase or decrease in dwelling space
    48  [or a change in  the  services],  furniture,  furnishings  or  equipment
    49  provided  in the housing accommodations; provided that an owner shall be
    50  entitled to a rent increase where there has been a substantial modifica-
    51  tion or increase of dwelling space [or an increase in the services],  or
    52  installation  of  new  equipment  or  improvements  or  new furniture or
    53  furnishings provided in or to  a  tenant's  housing  accommodation.  The
    54  [permanent]  temporary  increase  in  the  maximum rent for the affected
    55  housing accommodation shall be  [one-fortieth]  one-one  hundred  sixty-
    56  eighth,  in  the  case  of  a building with thirty-five or fewer housing

        A. 8413--A                         20

     1  accommodations, or [one-sixtieth] one-one hundred eightieth, in the case
     2  of a building with more than thirty-five  housing  accommodations  where
     3  such  [permanent]  increase  takes effect on or after [September twenty-
     4  fourth,  two thousand eleven, of the total cost incurred by the landlord
     5  in providing such modification or increase in dwelling space,  services,
     6  furniture, furnishings or equipment, including the cost of installation,
     7  but  excluding finance charges provided] the effective date of the chap-
     8  ter of the laws of two thousand nineteen that amended this subparagraph,
     9  of the total actual cost incurred by the landlord up to fifteen thousand
    10  dollars in providing such  reasonable  and  verifiable  modification  or
    11  increase  in  dwelling  space,  furniture,  furnishings,  or  equipment,
    12  including the cost of installation but excluding finance charges and any
    13  costs that exceed reasonable costs established by rules and  regulations
    14  promulgated by the division of housing and community renewal. Such rules
    15  and  regulations  shall include: (i) requirements for work to be done by
    16  licensed contractors and a prohibition on common ownership  between  the
    17  landlord  and  the contractor or vendor; and (ii) a requirement that the
    18  owner resolve within the dwelling space  all  outstanding  hazardous  or
    19  immediately  hazardous  violations  of  the  uniform fire prevention and
    20  building code (Uniform Code), New York city fire code, or New York  city
    21  building  and housing maintenance codes, if applicable. Provided further
    22  that an owner who is entitled to a rent increase pursuant to this clause
    23  shall not be entitled to a further rent increase based upon the  instal-
    24  lation  of similar equipment, or new furniture or furnishings within the
    25  useful life of such new equipment,  or  new  furniture  or  furnishings.
    26  Provided  further  that  the recoverable costs incurred by the landlord,
    27  pursuant to this subparagraph, shall be limited to an aggregate cost  of
    28  fifteen  thousand  dollars  that  may  be expended on no more than three
    29  separate individual apartment improvements  in  a  fifteen  year  period
    30  beginning  with  the  first individual apartment improvement on or after
    31  June fourteenth, two thousand nineteen. Provided further that  increases
    32  to  the legal regulated rent pursuant to this paragraph shall be removed
    33  from the legal regulated rent thirty years from the  date  the  increase
    34  became  effective  inclusive  of any increases granted by the applicable
    35  rent guidelines board. The  owner  shall  give  written  notice  to  the
    36  commission of any such adjustment pursuant to this clause; or
    37    §  37. Severability clause. If any clause, sentence, paragraph, subdi-
    38  vision, or section of this act shall be adjudged by any court of  compe-
    39  tent jurisdiction to be invalid, such judgment shall not affect, impair,
    40  or invalidate the remainder thereof, but shall be confined in its opera-
    41  tion  to  the  clause, sentence, paragraph, subdivision, section or part
    42  thereof directly involved in the  controversy  in  which  such  judgment
    43  shall  have been rendered. It is hereby declared to be the intent of the
    44  legislature that this act would have been enacted even if  such  invalid
    45  provisions had not been included herein.
    46    §  38.  This  act shall take effect immediately and shall be deemed to
    47  have been in full force and effect on the same  date  and  in  the  same
    48  manner  as chapter 36 of the laws of 2019 took effect; provided, further
    49  that:
    50    (a) the amendments to chapter 4 of title 26 of the administrative code
    51  of the city of New York made by sections one,  twelve,  fourteen,  nine-
    52  teen,  twenty-one  and twenty-eight of this act shall expire on the same
    53  date as such chapter expires and shall not affect the expiration of such
    54  chapter as provided under section 26-520 of such law; and
    55    (b) the amendments to sections 26-405 and 26-405.1 of  the  city  rent
    56  and  rehabilitation  law made by sections twenty, twenty-two and twenty-

        A. 8413--A                         21
 
     1  seven of this act shall remain in full force and effect only as long  as
     2  the public emergency requiring the regulation and control of residential
     3  rents and evictions continues, as provided in subdivision 3 of section 1
     4  of the local emergency housing rent control act; and
     5    (c) sections thirty-one, thirty-two and thirty-three of this act shall
     6  take effect on the same date and in the same manner as sections 3, 6 and
     7  7  of  part M of chapter 36 of the laws of 2019, enacting the "statewide
     8  housing security and tenant protection act of 2019",  takes  effect  and
     9  shall apply to actions and proceedings commenced on or after such effec-
    10  tive date; and
    11    (d) section thirty-five of this act shall take effect on the same date
    12  and  in the same manner as section 9 of part O of chapter 36 of the laws
    13  of 2019, takes effect.
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