STATE OF NEW YORK
________________________________________________________________________
7105
IN SENATE(Prefiled)
January 3, 2018
___________
Introduced by Sen. KAVANAGH -- 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 and the
emergency tenant protection act of nineteen seventy-four, in relation
to the statute of limitations on notices of deregulation
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 26-504.2 of the administrative code of the city of
2 New York is amended by adding a new subdivision c to read as follows:
3 c. Notwithstanding section 26-516 of this chapter and section two
4 hundred thirteen-a of the civil practice law and rules, the periods
5 provided for therein for examination of the rental history of the accom-
6 modation for the determination of an overcharge and whether the accommo-
7 dation is subject to this law are extended by the period during which
8 the owner is not in compliance with the requirements of subdivision b of
9 this section.
10 § 2. Paragraph 13 of subdivision a of section 5 of section 4 of chap-
11 ter 576 of the laws of 1974, constituting the emergency tenant
12 protection act of nineteen seventy-four, as amended by section 8 of part
13 A of chapter 20 of the laws of 2015, is amended to read as follows:
14 (13) (i) any housing accommodation with a legal regulated rent of two
15 thousand dollars or more per month at any time between the effective
16 date of this paragraph and October first, nineteen hundred ninety-three
17 which is or becomes vacant on or after the effective date of this para-
18 graph; or, for any housing accommodation with a legal regulated rent of
19 two thousand dollars or more per month at any time on or after the
20 effective date of the rent regulation reform act of 1997 and before the
21 effective date of the rent act of 2011, which is or becomes vacant on or
22 after the effective date of the rent regulation reform act of 1997 and
23 before the effective date of the rent act of 2011. This exclusion shall
24 apply regardless of whether the next tenant in occupancy or any subse-
25 quent tenant in occupancy is charged or pays less than two thousand
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01119-01-7
S. 7105 2
1 dollars a month; or, for any housing accommodation with a legal regu-
2 lated rent of two thousand five hundred dollars or more per month at any
3 time on or after the effective date of the rent act of 2011, which is or
4 becomes vacant on or after such effective date, but prior to the effec-
5 tive date of the rent act of 2015; or, any housing accommodation with a
6 legal regulated rent that was two thousand seven hundred dollars or more
7 per month at any time on or after the effective date of the rent act of
8 2015, which becomes vacant after the effective date of the rent act of
9 2015, provided, however, that starting on January 1, 2016, and annually
10 thereafter, the maximum legal regulated rent for this deregulation
11 threshold, shall also be increased by the same percentage as the most
12 recent one year renewal adjustment, adopted by the applicable rent
13 guidelines board. An exclusion pursuant to this paragraph shall apply
14 regardless of whether the next tenant in occupancy or any subsequent
15 tenant in occupancy actually is charged or pays less than two thousand
16 seven hundred dollars a month. Provided however, that an exclusion
17 pursuant to this paragraph shall not apply to housing accommodations
18 which became or become subject to this act (a) by virtue of receiving
19 tax benefits pursuant to section [four hundred twenty-one-a] 421-a or
20 [four hundred eighty-nine] 489 of the real property tax law, except as
21 otherwise provided in subparagraph (i) of paragraph (f) of subdivision
22 [two] 2 of section [four hundred twenty-one-a] 421-a of the real proper-
23 ty tax law, or (b) by virtue of article [seven-C] 7-C of the multiple
24 dwelling law. This paragraph shall not apply, however, to or become
25 effective with respect to housing accommodations which the commissioner
26 determines or finds that the landlord or any person acting on his or her
27 behalf, with intent to cause the tenant to vacate, has engaged in any
28 course of conduct (including, but not limited to, interruption or
29 discontinuance of required services) which interfered with or disturbed
30 or was intended to interfere with or disturb the comfort, repose, peace
31 or quiet of the tenant in his or her use or occupancy of the housing
32 accommodations and in connection with such course of conduct, any other
33 general enforcement provision of this act shall also apply.
34 (ii) the owner of any housing accommodation that is not subject to
35 this act pursuant to the provisions of subparagraph (i) of this para-
36 graph or paragraph (n) of subdivision 2 of section 2 of the emergency
37 housing rent control law shall give written notice certified by such
38 owner to the first tenant of that housing accommodation after such hous-
39 ing accommodation becomes exempt from the provisions of this act or the
40 emergency housing rent control law. Such notice shall contain: the last
41 regulated rent; the reason that such housing accommodation is not
42 subject to this act or the emergency housing rent control law; a calcu-
43 lation of how either the rental amount charged when there is no lease or
44 the rental amount provided for in the lease has been derived so as to
45 reach two thousand dollars or more per month; a statement that the last
46 legal regulated rent or the maximum rent may be verified by the tenant
47 by contacting the state division of housing and community renewal, or
48 any successor thereto; and the address and telephone number of such
49 agency, or any successor thereto. Such notice shall be sent by certified
50 mail within thirty days after the tenancy commences or after the signing
51 of the lease by both parties, whichever occurs first or shall be deliv-
52 ered to the tenant at the signing of the lease. In addition, the owner
53 shall send and certify to the tenant a copy of the registration state-
54 ment for such housing accommodation filed with the state division of
55 housing and community renewal indicating that such housing accommodation
56 became exempt from the provisions of this act or the emergency housing
S. 7105 3
1 rent control law, which form shall include the last regulated rent, and
2 shall be sent to the tenant within thirty days after the tenancy
3 commences or the filing of such registration, whichever occurs later.
4 (iii) notwithstanding section twelve of this act and section 213-a of
5 the civil practice law and rules to the contrary, the periods provided
6 for therein for examination of the rental history of the accommodation
7 for the determination of an overcharge and whether the accommodation is
8 subject to this law are extended by the period during which the owner is
9 not in compliance with requirements of subparagraph (ii) of this para-
10 graph.
11 § 3. This act shall take effect immediately provided that:
12 (a) the amendment to section 26-504.2 of the rent stabilization law of
13 nineteen hundred sixty-nine made by section one of this act shall expire
14 on the same date as such law expires and shall not affect the expiration
15 of such law as provided under section 26-520 of such law;
16 (b) the amendments to section 5 of section 4 of the emergency tenant
17 protection act of nineteen seventy-four made by section two of this act
18 shall expire on the same date as such act expires and shall not affect
19 the expiration of such act as provided in section 17 of chapter 576 of
20 the laws of 1974, as amended; and
21 (c) the provisions of this act shall apply to housing accommodations
22 which became vacant on or after the effective date of this act.
