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A09815 Summary:

A09815 Actions:

A09815 Committee Votes:

Committee:HOUSING   Chair:Cymbrowitz      
DATE:02/28/2018AYE/NAY:18/5  Action: Favorable         
Cymbrowitz
Aye
Fitzpatrick
Nay
Cook
Aye
Raia
Nay
Rosenthal
Excused
Johns
Aye
Rodriguez
Aye
Walter
Aye
Sepulveda
Aye
Castorina
Aye
Mosley
Aye
Finch
Nay
Kim
Aye
Morinello
Nay
Pichardo
Aye
Brabenec
Nay
Walker
Absent
Joyner
Aye
Blake
Aye
Dilan
Aye
Bichotte
Aye
Davila
Excused
Barron
Aye
De La Rosa
Aye
Niou
Aye
Taylor
Aye

A09815 Floor Votes:

A09815 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9815
 
                   IN ASSEMBLY
 
                                    February 12, 2018
                                       ___________
 
        Introduced by M. of A. PICHARDO, CYMBROWITZ -- read once and referred to
          the Committee on Housing
 
        AN  ACT  to  amend  the administrative code of the city of New York, the
          emergency tenant protection act of nineteen seventy-four, the emergen-
          cy housing rent control law and the local emergency rent control  act,
          in  relation  to  rent  increases  after vacancy of a housing accommo-
          dation; and to repeal certain provisions of the administrative code of
          the city of New York and the emergency tenant protection act of  nine-
          teen seventy-four relating thereto
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph 5-a of subdivision c of  section  26-511  of  the
     2  administrative code of the city of New York is REPEALED.
     3    §  2.  Subdivision  (a-1) of section 10 of section 4 of chapter 576 of
     4  the laws of 1974, constituting the emergency tenant  protection  act  of
     5  nineteen seventy-four is REPEALED.
     6    § 3. Subdivision f of section 26-512 of the administrative code of the
     7  city  of  New  York,  as  added  by  chapter 116 of the laws of 1997, is
     8  amended to read as follows:
     9    f. Notwithstanding any provision of this law to the  contrary  in  the
    10  case where all tenants named in a lease have permanently vacated a hous-
    11  ing accommodation and a family member of such tenant or tenants is enti-
    12  tled  to  and  executes a renewal lease for the housing accommodation if
    13  such accommodation continues to be subject to this law after such family
    14  member vacates, on the occurrence of such vacancy  the  legal  regulated
    15  rent  shall  be increased by a sum equal to the allowance then in effect
    16  for vacancy leases[, including the amount allowed by paragraph  (five-a)
    17  of  subdivision c of section 26-511 of this law]. Such increase shall be
    18  in addition to any other increases provided for in this law including an
    19  adjustment based upon a major  capital  improvement,  or  a  substantial
    20  modification  or increase of dwelling space or services, or installation
    21  of new  equipment  or  improvements  or  new  furniture  or  furnishings
    22  provided  in  or to the housing accommodation pursuant to section 26-511
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01122-01-7
        A. 9815                             2
 
     1  of this law and shall be applicable in like manner to each second subse-
     2  quent succession.
     3    §  4.  Subdivision  g  of section 6 of section 4 of chapter 576 of the
     4  laws of 1974, constituting the emergency tenant protection act of  nine-
     5  teen  seventy-four,  as  added  by  chapter  116 of the laws of 1997, is
     6  amended to read as follows:
     7    g. Notwithstanding any provision of this act to the  contrary  in  the
     8  case where all tenants named in a lease have permanently vacated a hous-
     9  ing accommodation and a family member of such tenant or tenants is enti-
    10  tled  to  and  executes a renewal lease for the housing accommodation if
    11  such accommodation continues to be subject to this act after such family
    12  member vacates, on the occurrence of such vacancy  the  legal  regulated
    13  rent  shall  be increased by a sum equal to the allowance then in effect
    14  for vacancy leases[, including the amount allowed by  subdivision  (a-1)
    15  of  section ten of this act].  Such increase shall be in addition to any
    16  other increases provided for in this act including an  adjustment  based
    17  upon  a  major  capital  improvement,  or  a substantial modification or
    18  increase of dwelling space or services, or installation of new equipment
    19  or improvements or new furniture or furnishings provided in  or  to  the
    20  housing  accommodation,  pursuant  to this section [six of this act] and
    21  shall be applicable in like manner to each second subsequent succession.
    22    § 5. Subdivision 9 of section 5 of chapter 274 of the  laws  of  1946,
    23  constituting the emergency housing rent control law, as added by chapter
    24  116 of the laws of 1997, is amended to read as follows:
    25    9.  Notwithstanding  any  provision of this law to the contrary in the
    26  case where all tenants occupying the housing accommodation on the effec-
    27  tive date of this subdivision have vacated the housing accommodation and
    28  a family member of such vacating tenant or tenants is  entitled  to  and
    29  continues to occupy the housing accommodation subject to the protections
    30  of  this  law, if such accommodation continues to be subject to this law
    31  after such family member vacates, on the occurrence of such vacancy  the
    32  maximum collectable rent shall be increased by a sum equal to the allow-
    33  ance  then  in  effect  for  vacancy  leases  for housing accommodations
    34  covered by the rent stabilization law of nineteen  hundred  sixty-nine[,
    35  including  the  amount  allowed  by paragraph five-a of subdivision c of
    36  section 26-511 of such law]. This increase shall be in addition  to  any
    37  other  increases provided in this law including an adjustment based upon
    38  a major capital improvement, or a substantial increase  or  decrease  in
    39  dwelling  space  or  a change in the services, furniture, furnishings or
    40  equipment provided in the housing  accommodation,  pursuant  to  section
    41  four  of  this law and shall be applicable in like manner to each second
    42  subsequent succession.
    43    § 6. Section 26-403.2 of the administrative code of the  city  of  New
    44  York, as added by chapter 116 of the laws of 1997, is amended to read as
    45  follows:
    46    §  26-403.2  Increase in maximum collectable rent. Notwithstanding any
    47  provision of this law to the contrary in  the  case  where  all  tenants
    48  occupying  the  housing  accommodation  on  the  effective  date of this
    49  section have vacated the housing accommodation and a  family  member  of
    50  such  vacating  tenant or tenants is entitled to and continues to occupy
    51  the housing accommodation subject to the protections  of  this  law,  if
    52  such accommodation continues to be subject to this law after such family
    53  member  vacates, on the occurrence of such vacancy the maximum collecta-
    54  ble rent shall be increased by a sum equal  to  the  allowance  then  in
    55  effect for vacancy leases for housing accommodations covered by the rent
    56  stabilization  law of nineteen hundred sixty-nine[, including the amount
        A. 9815                             3

     1  allowed by paragraph five-a of subdivision c of section 26-511  of  such
     2  law]. This increase shall be in addition to any other increases provided
     3  for  in  this  law  including  an  adjustment based upon a major capital
     4  improvement,  or a substantial increase or decrease in dwelling space or
     5  a change in the services, furniture, furnishings or  equipment  provided
     6  in the housing accommodation, pursuant to section 26-405 of this law and
     7  shall be applicable in like manner to each second subsequent succession.
     8    § 7. The sixth undesignated paragraph of subdivision 5 of section 1 of
     9  chapter  21  of  the laws of 1962, constituting the local emergency rent
    10  control act, as amended by chapter 82 of the laws of 2003, is amended to
    11  read as follows:
    12    Notwithstanding any provision of this act to the contrary,  any  local
    13  law  adopted pursuant to this act shall provide that notwithstanding any
    14  provision of such local law in the case where all tenants occupying  the
    15  housing  accommodation  on  the  effective  date  of this paragraph have
    16  vacated the housing accommodation and a family member of  such  vacating
    17  tenant  or  tenants  is  entitled to and continues to occupy the housing
    18  accommodation subject to the protections of such act, if  such  accommo-
    19  dation  continues  to  be  subject  to such act after such family member
    20  vacates, on the occurrence of such vacancy the maximum collectable  rent
    21  shall  be  increased  by a sum equal to the allowance then in effect for
    22  vacancy leases for housing accommodations covered by the rent stabiliza-
    23  tion law of nineteen hundred sixty-nine[, including the  amount  allowed
    24  by paragraph (5-a) of subdivision c of section 26-511 of such law]. This
    25  increase  shall  be  in  addition to any other increases provided for in
    26  this act and shall be applicable in like manner to  each  second  subse-
    27  quent succession.
    28    § 8. This act shall take effect immediately; provided that:
    29    (a)  the  amendments to section 26-512 of chapter 4 of title 26 of the
    30  administrative code of the city of New York made  by  section  three  of
    31  this act shall expire on the same date as such law expires and shall not
    32  affect  the  expiration  of such law as provided under section 26-520 of
    33  such law; and
    34    (b) the amendments to section 6 of the emergency tenant protection act
    35  of nineteen seventy-four made by section four of this act  shall  expire
    36  on the same date as such act expires and shall not affect the expiration
    37  of  such  act  as  provided  in section 17 of chapter 576 of the laws of
    38  1974; and
    39    (c) the amendments to section 5 of the emergency housing rent  control
    40  law  made  by  section five of this act shall expire on the same date as
    41  such law expires and shall not affect the  expiration  of  such  law  as
    42  provided  in  subdivision  2  of section 1 of chapter 274 of the laws of
    43  1946; and
    44    (d) the amendments to section 26-403.2 of the city rent and  rehabili-
    45  tation  law  made  by section six of this act shall remain in full force
    46  and effect only as long as the public emergency requiring the regulation
    47  and control of residential rents and evictions continues, as provided in
    48  subdivision 3 of section 1 of the local emergency housing  rent  control
    49  act; and
    50    (e) the amendments to subdivision 5 of section 1 of the local emergen-
    51  cy  housing  rent  control act, made by section seven of this act, shall
    52  not affect the effectiveness of such subdivision and shall cease  to  be
    53  in  full force and effect pursuant to subdivision 3 of section 1 of such
    54  act.