Rpld §26-511 sub c ¶5-a, amd §§26-512 & 26-403.2, NYC Ad Cd; rpld §10 sub (a-1), amd §6, Emerg Ten Prot Act
of 1974; amd §5, Emerg Hous Rent Cont L; amd §1, Chap 21 of 1962
Repeals provisions permitting rent increases after vacancy of a housing accommodation.
STATE OF NEW YORK
________________________________________________________________________
1593
2017-2018 Regular Sessions
IN SENATE
January 10, 2017
___________
Introduced by Sens. SERRANO, HAMILTON, HOYLMAN, KRUEGER, PARKER, PERAL-
TA, PERKINS, SANDERS, SQUADRON -- read twice and ordered printed, and
when printed to be committed to the Committee on Housing, Construction
and Community Development
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2 administrative code of the city of New York is REPEALED.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5 nineteen seventy-four is REPEALED.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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01122-01-7
S. 1593 2
1 provided in or to the housing accommodation pursuant to section 26-511
2 of this law and shall be applicable in like manner to each second subse-
3 quent succession.
4 § 4. Subdivision g of section 6 of section 4 of chapter 576 of the
5 laws of 1974, constituting the emergency tenant protection act of nine-
6 teen seventy-four, as added by chapter 116 of the laws of 1997, is
7 amended to read as follows:
8 g. Notwithstanding any provision of this act to the contrary in the
9 case where all tenants named in a lease have permanently vacated a hous-
10 ing accommodation and a family member of such tenant or tenants is enti-
11 tled to and executes a renewal lease for the housing accommodation if
12 such accommodation continues to be subject to this act after such family
13 member vacates, on the occurrence of such vacancy the legal regulated
14 rent shall be increased by a sum equal to the allowance then in effect
15 for vacancy leases[, including the amount allowed by subdivision (a-1)
16 of section ten of this act]. Such increase shall be in addition to any
17 other increases provided for in this act including an adjustment based
18 upon a major capital improvement, or a substantial modification or
19 increase of dwelling space or services, or installation of new equipment
20 or improvements or new furniture or furnishings provided in or to the
21 housing accommodation, pursuant to this section [six of this act] and
22 shall be applicable in like manner to each second subsequent succession.
23 § 5. Subdivision 9 of section 5 of chapter 274 of the laws of 1946,
24 constituting the emergency housing rent control law, as added by chapter
25 116 of the laws of 1997, is amended to read as follows:
26 9. Notwithstanding any provision of this law to the contrary in the
27 case where all tenants occupying the housing accommodation on the effec-
28 tive date of this subdivision have vacated the housing accommodation and
29 a family member of such vacating tenant or tenants is entitled to and
30 continues to occupy the housing accommodation subject to the protections
31 of this law, if such accommodation continues to be subject to this law
32 after such family member vacates, on the occurrence of such vacancy the
33 maximum collectable rent shall be increased by a sum equal to the allow-
34 ance then in effect for vacancy leases for housing accommodations
35 covered by the rent stabilization law of nineteen hundred sixty-nine[,
36 including the amount allowed by paragraph five-a of subdivision c of
37 section 26-511 of such law]. This increase shall be in addition to any
38 other increases provided in this law including an adjustment based upon
39 a major capital improvement, or a substantial increase or decrease in
40 dwelling space or a change in the services, furniture, furnishings or
41 equipment provided in the housing accommodation, pursuant to section
42 four of this law and shall be applicable in like manner to each second
43 subsequent succession.
44 § 6. Section 26-403.2 of the administrative code of the city of New
45 York, as added by chapter 116 of the laws of 1997, is amended to read as
46 follows:
47 § 26-403.2 Increase in maximum collectable rent. Notwithstanding any
48 provision of this law to the contrary in the case where all tenants
49 occupying the housing accommodation on the effective date of this
50 section have vacated the housing accommodation and a family member of
51 such vacating tenant or tenants is entitled to and continues to occupy
52 the housing accommodation subject to the protections of this law, if
53 such accommodation continues to be subject to this law after such family
54 member vacates, on the occurrence of such vacancy the maximum collecta-
55 ble rent shall be increased by a sum equal to the allowance then in
56 effect for vacancy leases for housing accommodations covered by the rent
S. 1593 3
1 stabilization law of nineteen hundred sixty-nine[, including the amount
2 allowed by paragraph five-a of subdivision c of section 26-511 of such
3 law]. This increase shall be in addition to any other increases provided
4 for in this law including an adjustment based upon a major capital
5 improvement, or a substantial increase or decrease in dwelling space or
6 a change in the services, furniture, furnishings or equipment provided
7 in the housing accommodation, pursuant to section 26-405 of this law and
8 shall be applicable in like manner to each second subsequent succession.
9 § 7. The sixth undesignated paragraph of subdivision 5 of section 1 of
10 chapter 21 of the laws of 1962, constituting the local emergency rent
11 control act, as amended by chapter 82 of the laws of 2003, is amended to
12 read as follows:
13 Notwithstanding any provision of this act to the contrary, any local
14 law adopted pursuant to this act shall provide that notwithstanding any
15 provision of such local law in the case where all tenants occupying the
16 housing accommodation on the effective date of this paragraph have
17 vacated the housing accommodation and a family member of such vacating
18 tenant or tenants is entitled to and continues to occupy the housing
19 accommodation subject to the protections of such act, if such accommo-
20 dation continues to be subject to such act after such family member
21 vacates, on the occurrence of such vacancy the maximum collectable rent
22 shall be increased by a sum equal to the allowance then in effect for
23 vacancy leases for housing accommodations covered by the rent stabiliza-
24 tion law of nineteen hundred sixty-nine[, including the amount allowed
25 by paragraph (5-a) of subdivision c of section 26-511 of such law]. This
26 increase shall be in addition to any other increases provided for in
27 this act and shall be applicable in like manner to each second subse-
28 quent succession.
29 § 8. This act shall take effect immediately; provided that:
30 (a) the amendments to section 26-512 of chapter 4 of title 26 of the
31 administrative code of the city of New York made by section three of
32 this act shall expire on the same date as such law expires and shall not
33 affect the expiration of such law as provided under section 26-520 of
34 such law; and
35 (b) the amendments to section 6 of the emergency tenant protection act
36 of nineteen seventy-four made by section four of this act shall expire
37 on the same date as such act expires and shall not affect the expiration
38 of such act as provided in section 17 of chapter 576 of the laws of
39 1974; and
40 (c) the amendments to section 5 of the emergency housing rent control
41 law made by section five of this act shall expire on the same date as
42 such law expires and shall not affect the expiration of such law as
43 provided in subdivision 2 of section 1 of chapter 274 of the laws of
44 1946; and
45 (d) the amendments to section 26-403.2 of the city rent and rehabili-
46 tation law made by section six of this act shall remain in full force
47 and effect only as long as the public emergency requiring the regulation
48 and control of residential rents and evictions continues, as provided in
49 subdivision 3 of section 1 of the local emergency housing rent control
50 act; and
51 (e) the amendments to subdivision 5 of section 1 of the local emergen-
52 cy housing rent control act, made by section seven of this act, shall
53 not affect the effectiveness of such subdivision and shall cease to be
54 in full force and effect pursuant to subdivision 3 of section 1 of such
55 act.
