S08014 Summary:

BILL NOS08014
 
SAME ASNo Same As
 
SPONSORLITTLE
 
COSPNSR
 
MLTSPNSR
 
Amd §2, Emerg Hous Rent Cont L; amd §5, Emerg Ten Prot Act of 1974; amd §§26-403, 26-504.2 & 26-511, NYC Ad Cd; rpld §467-i, RPT L
 
Makes technical corrections to rent control provisions; repeals certain provisions relating to real property tax abatements.
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S08014 Actions:

BILL NOS08014
 
03/19/2018REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
05/07/2018COMMITTEE DISCHARGED AND COMMITTED TO RULES
05/07/2018ORDERED TO THIRD READING CAL.1035
06/20/2018RECOMMITTED TO RULES
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S08014 Committee Votes:

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S08014 Floor Votes:

There are no votes for this bill in this legislative session.
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S08014 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8014
 
                    IN SENATE
 
                                     March 19, 2018
                                       ___________
 
        Introduced  by  Sen.  LITTLE -- 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 emergency housing rent control law, the emergency
          tenant protection act of nineteen seventy-four, and the administrative
          code of the  city  of  New  York,  in  relation  to  making  technical
          corrections;  and to repeal section 467-i of the real property tax law
          relating to real property tax abatement
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Paragraph (n) of subdivision 2 of section 2 of chapter 274
     2  of the laws of 1946, constituting the  emergency  housing  rent  control
     3  law,  as  amended  by  section  7 of part A of chapter 20 of the laws of
     4  2015, is amended to read as follows:
     5    (n) any housing accommodation with a  maximum  rent  of  two  thousand
     6  dollars or more per month at any time between the effective date of this
     7  paragraph  and  October first, nineteen hundred ninety-three which is or
     8  becomes vacant on or after the effective date of this paragraph; or, for
     9  any housing accommodation with a maximum rent of two thousand dollars or
    10  more per month at any time on or after the effective date  of  the  rent
    11  regulation  reform act of 1997 and before the effective date of the rent
    12  act of 2011, which is or becomes vacant on or after the  effective  date
    13  of  the rent regulation reform act of 1997 and before the effective date
    14  of the rent act of 2011. This exclusion shall apply regardless of wheth-
    15  er the next tenant in occupancy or any subsequent tenant in occupancy is
    16  charged or pays less than two thousand dollars  a  month;  or,  for  any
    17  housing  accommodation  with a maximum rent of two thousand five hundred
    18  dollars or more per month at any time on or after the effective date  of
    19  the rent act of 2011, which is or becomes vacant on or after such effec-
    20  tive  date, but prior to the effective date of the rent act of 2015; or,
    21  any housing accommodation with a legal regulated rent [that was] of  two
    22  thousand seven hundred dollars or more per month at any time on or after
    23  the  effective  date of the rent act of 2015, which becomes vacant after
    24  the effective date of the rent act  of  2015,  provided,  however,  that
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15188-01-8

        S. 8014                             2
 
     1  starting  on January 1, 2016, and annually thereafter, the maximum legal
     2  regulated rent for this deregulation threshold, shall also be  increased
     3  by  the  same percentage as the most recent one year renewal adjustment,
     4  adopted  by  the  applicable rent guidelines board. This exclusion shall
     5  apply regardless of whether the next tenant in occupancy or  any  subse-
     6  quent  tenant  in  occupancy  actually  is charged or pays less than two
     7  thousand seven hundred dollars,  as  adjusted  by  the  applicable  rent
     8  guidelines  board,  per  month.  An exclusion pursuant to this paragraph
     9  shall not apply, however, to or become effective with respect to housing
    10  accommodations which the commissioner determines or finds that the land-
    11  lord or any person acting on his or her behalf, with intent to cause the
    12  tenant to vacate, has engaged in any course of conduct  (including,  but
    13  not  limited  to,  interruption  or discontinuance of required services)
    14  which interfered with or disturbed or was intended to interfere with  or
    15  disturb  the comfort, repose, peace or quiet of the tenant in his or her
    16  use or occupancy of the housing accommodations and  in  connection  with
    17  such  course of conduct, any other general enforcement provision of this
    18  law shall also apply.
    19    § 2. Paragraph 13 of subdivision a of section 5 of section 4 of  chap-
    20  ter  576  of  the  laws  of  1974,  constituting  the  emergency  tenant
    21  protection act of nineteen seventy-four, as amended by section 8 of part
    22  A of chapter 20 of the laws of 2015, is amended to read as follows:
    23    (13) any housing accommodation with a  legal  regulated  rent  of  two
    24  thousand  dollars  or  more  per month at any time between the effective
    25  date of this paragraph and October first, nineteen hundred  ninety-three
    26  which  is or becomes vacant on or after the effective date of this para-
    27  graph; or, for any housing accommodation with a legal regulated rent  of
    28  two  thousand  dollars  or  more  per  month at any time on or after the
    29  effective date of the rent regulation reform act of 1997 and before  the
    30  effective date of the rent act of 2011, which is or becomes vacant on or
    31  after  the  effective date of the rent regulation reform act of 1997 and
    32  before the effective date of the rent act of 2011. This exclusion  shall
    33  apply  regardless  of whether the next tenant in occupancy or any subse-
    34  quent tenant in occupancy is charged or  pays  less  than  two  thousand
    35  dollars  a  month;  or, for any housing accommodation with a legal regu-
    36  lated rent of two thousand five hundred dollars or more per month at any
    37  time on or after the effective date of the rent act of 2011, which is or
    38  becomes vacant on or after such effective date, but prior to the  effec-
    39  tive  date of the rent act of 2015; or, any housing accommodation with a
    40  legal regulated rent [that was] of two thousand seven hundred dollars or
    41  more per month at any time on or after the effective date  of  the  rent
    42  act  of  2015, which becomes vacant after the effective date of the rent
    43  act of 2015, provided, however, that starting on January  1,  2016,  and
    44  annually  thereafter,  the maximum legal regulated rent for this deregu-
    45  lation threshold, shall also be increased by the same percentage as  the
    46  most  recent one year renewal adjustment, adopted by the applicable rent
    47  guidelines board. An exclusion pursuant to this  paragraph  shall  apply
    48  regardless  of  whether  the  next tenant in occupancy or any subsequent
    49  tenant in occupancy actually is charged or pays less than  two  thousand
    50  seven  hundred  dollars  a  month.  Provided  however, that an exclusion
    51  pursuant to this paragraph shall not  apply  to  housing  accommodations
    52  which  became  or  become subject to this act (a) by virtue of receiving
    53  tax benefits pursuant to  section  four  hundred  twenty-one-a  or  four
    54  hundred  eighty-nine  of  the real property tax law, except as otherwise
    55  provided in subparagraph (i) of paragraph  (f)  of  subdivision  two  of
    56  section  four  hundred twenty-one-a of the real property tax law, or (b)

        S. 8014                             3
 
     1  by virtue of article seven-C of the multiple dwelling  law.  This  para-
     2  graph  shall  not apply, however, to or become effective with respect to
     3  housing accommodations which the commissioner determines or  finds  that
     4  the  landlord  or any person acting on his or her behalf, with intent to
     5  cause the tenant to  vacate,  has  engaged  in  any  course  of  conduct
     6  (including,  but  not  limited  to,  interruption  or  discontinuance of
     7  required services) which interfered with or disturbed or was intended to
     8  interfere with or disturb the comfort, repose, peace  or  quiet  of  the
     9  tenant  in his or her use or occupancy of the housing accommodations and
    10  in connection with such course of conduct, any other general enforcement
    11  provision of this act shall also apply.
    12    § 3. Subparagraph (k) of paragraph  2  of  subdivision  e  of  section
    13  26-403 of the administrative code of the city of New York, as amended by
    14  section  9  of  part  A of chapter 20 of the laws of 2015, is amended to
    15  read as follows:
    16    (k) Any housing accommodation which becomes vacant on or  after  April
    17  first,  nineteen  hundred  ninety-seven and before the effective date of
    18  the rent act of 2011, and where at the  time  the  tenant  vacated  such
    19  housing  accommodation the maximum rent was two thousand dollars or more
    20  per month; or, for any housing accommodation which is or becomes  vacant
    21  on or after the effective date of the rent regulation reform act of 1997
    22  and  before  the  effective  date of the rent act of 2011 with a maximum
    23  rent of two thousand dollars or more per  month.  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
    26  dollars  a  month; or, for any housing accommodation with a maximum rent
    27  of two thousand five hundred dollars or more per month at any time on or
    28  after the effective date of the rent act of 2011, which  is  or  becomes
    29  vacant  on or after such effective date, but prior to the effective date
    30  of the rent act of 2015; or, any  housing  accommodation  with  a  legal
    31  regulated  rent [that was] of two thousand seven hundred dollars or more
    32  per month at any time on or after the effective date of the rent act  of
    33  2015,  which  becomes vacant after the effective date of the rent act of
    34  2015, provided, however, that starting on January 1, 2016, and  annually
    35  thereafter,  the  maximum  legal  regulated  rent  for this deregulation
    36  threshold, shall also be increased by  the  same  percent  as  the  most
    37  recent  one  year  renewal adjustment, adopted by the New York city rent
    38  guidelines board pursuant to the  rent  stabilization  law  of  nineteen
    39  hundred sixty-nine. This exclusion shall apply regardless of whether the
    40  next  tenant in occupancy or any subsequent tenant in occupancy actually
    41  is charged or pays less than two thousand seven hundred dollars a month.
    42  Provided however, that an exclusion pursuant to this subparagraph  shall
    43  not  apply  to  housing accommodations which became or become subject to
    44  this law by virtue of receiving tax benefits pursuant  to  section  four
    45  hundred  eighty-nine  of  the  real  property tax law. This subparagraph
    46  shall not apply, however, to or become effective with respect to housing
    47  accommodations which the commissioner determines or finds that the land-
    48  lord or any person acting on his or her behalf, with intent to cause the
    49  tenant to vacate, has engaged in any course of conduct  (including,  but
    50  not  limited  to,  interruption  or discontinuance of required services)
    51  which interfered with or disturbed or was intended to interfere with  or
    52  disturb  the comfort, repose, peace or quiet of the tenant in his or her
    53  use or occupancy of the housing accommodations and  in  connection  with
    54  such  course of conduct, any other general enforcement provision of this
    55  law shall also apply.

        S. 8014                             4
 
     1    § 4. Section 26-504.2 of the administrative code of the  city  of  New
     2  York,  as  amended  by section 10 of part A of chapter 20 of the laws of
     3  2015, is amended to read as follows:
     4    § 26-504.2 Exclusion of high rent accommodations. a. "Housing accommo-
     5  dations"  shall  not  include:  any  housing accommodation which becomes
     6  vacant on or after April first, nineteen hundred ninety-seven and before
     7  the effective date of the rent act of 2011 and where  at  the  time  the
     8  tenant  vacated  such housing accommodation the legal regulated rent was
     9  two thousand dollars or more per month; or,  for  any  housing  accommo-
    10  dation  which is or becomes vacant on or after the effective date of the
    11  rent regulation reform act of 1997 and before the effective date of  the
    12  rent act of 2011, with a legal regulated rent of two thousand dollars or
    13  more  per month; or for any housing accommodation that becomes vacant on
    14  or after the effective date of the rent act of 2015, [where such] with a
    15  legal regulated rent [was] of two  thousand  seven  hundred  dollars  or
    16  more,  and  as  further adjusted by this section. Starting on January 1,
    17  2016, and annually thereafter, the maximum legal regulated rent for this
    18  deregulation threshold, shall also be increased by the same  percent  as
    19  the  most  recent  one  year renewal adjustment, adopted by the New York
    20  city rent guidelines board pursuant to the  rent  stabilization  law  of
    21  nineteen  hundred  sixty-nine.  This exclusion shall apply regardless of
    22  whether the next tenant in occupancy or any subsequent tenant  in  occu-
    23  pancy is charged or pays less than two thousand dollars a month; or, for
    24  any  housing  accommodation  with a legal regulated rent of two thousand
    25  five hundred dollars or more per month at  any  time  on  or  after  the
    26  effective date of the rent act of 2011, which is or becomes vacant on or
    27  after  such  effective date, but prior to the effective date of the rent
    28  act of 2015; or, any housing accommodation with a legal  regulated  rent
    29  [that  was]  of  two thousand seven hundred dollars or more per month at
    30  any time on or after the effective date of the rent act of  2015,  which
    31  becomes  vacant  after  the  effective  date  of  the  rent act of 2015,
    32  provided, however, that starting on January 1, 2016, and annually there-
    33  after, such legal regulated rent for this deregulation threshold,  shall
    34  also  be  increased  by  the same percentage as the most recent one year
    35  renewal adjustment, adopted by the New York city rent guidelines  board.
    36  This  exclusion  shall  apply  regardless  of whether the next tenant in
    37  occupancy or any subsequent tenant in occupancy actually is  charged  or
    38  pays  less  than  two thousand seven hundred dollars, as adjusted by the
    39  applicable rent guidelines board, a month.  Provided  however,  that  an
    40  exclusion pursuant to this subdivision shall not apply to housing accom-
    41  modations  which  became  or become subject to this law (a) by virtue of
    42  receiving tax benefits pursuant to section four hundred twenty-one-a  or
    43  four  hundred eighty-nine of the real property tax law, except as other-
    44  wise provided in subparagraph (i) of paragraph (f) of subdivision two of
    45  section four hundred twenty-one-a of the real property tax law,  or  (b)
    46  by  virtue of article seven-C of the multiple dwelling law. This section
    47  shall not apply, however, to or become effective with respect to housing
    48  accommodations which the commissioner determines or finds that the land-
    49  lord or any person acting on his or her behalf, with intent to cause the
    50  tenant to vacate, engaged in any course of conduct (including,  but  not
    51  limited  to,  interruption or discontinuance of required services) which
    52  interfered with or disturbed  or  was  intended  to  interfere  with  or
    53  disturb  the comfort, repose, peace or quiet of the tenant in his or her
    54  use or occupancy of the housing accommodations and  in  connection  with
    55  such  course of conduct, any other general enforcement provision of this
    56  law shall also apply.

        S. 8014                             5
 
     1    b. The owner of any housing accommodation that is not subject to  this
     2  law  pursuant  to  the  provisions  of  subdivision a of this section or
     3  subparagraph [k] (k) of paragraph [2] two of subdivision  e  of  section
     4  26-403 of this code shall give written notice certified by such owner to
     5  the first tenant of that housing accommodation after such housing accom-
     6  modation becomes exempt from the provisions of this law or the city rent
     7  and  rehabilitation  law.  Such  notice shall contain the last regulated
     8  rent, the reason that such housing accommodation is not subject to  this
     9  law or the city rent and rehabilitation law, a calculation of how either
    10  the  rental  amount  charged when there is no lease or the rental amount
    11  provided for in the lease has been derived so as to reach  two  thousand
    12  dollars  or  more per month or, for a housing accommodation with a legal
    13  regulated rent or maximum rent of two thousand five hundred  dollars  or
    14  more  per  month on or after the effective date of the rent act of 2011,
    15  and before the effective date of the rent  act  of  2015,  which  is  or
    16  becomes  vacant on or after such effective date, whether the next tenant
    17  in occupancy or any subsequent tenant in occupancy actually  is  charged
    18  or pays less than a legal regulated rent or maximum rent of two thousand
    19  five  hundred  dollars  or more per month, or two thousand seven hundred
    20  dollars or more, per month, starting on January 1,  2016,  and  annually
    21  thereafter,  the  maximum  legal  regulated  rent  for this deregulation
    22  threshold, shall also be increased by  the  same  percent  as  the  most
    23  recent  one  year  renewal adjustment, adopted by the New York city rent
    24  guidelines board pursuant to the  rent  stabilization  law  of  nineteen
    25  hundred  sixty-nine,  a  statement that the last legal regulated rent or
    26  the maximum rent may be verified by the tenant by contacting  the  state
    27  division of housing and community renewal, or any successor thereto, and
    28  the address and telephone number of such agency, or any successor there-
    29  to. Such notice shall be sent by certified mail within thirty days after
    30  the tenancy commences or after the signing of the lease by both parties,
    31  whichever  occurs first or shall be delivered to the tenant at the sign-
    32  ing of the lease. In addition, the owner shall send and certify  to  the
    33  tenant  a  copy  of the registration statement for such housing accommo-
    34  dation filed with the state division of housing  and  community  renewal
    35  indicating  that  such  housing  accommodation  became  exempt  from the
    36  provisions of this law or the city rent and  rehabilitation  law,  which
    37  form  shall  include  the  last regulated rent, and shall be sent to the
    38  tenant within thirty days after the tenancy commences or the  filing  of
    39  such registration, whichever occurs later.
    40    §  5.  Paragraph 14 of subdivision c of section 26-511 of the adminis-
    41  trative code of the city of New York, as amended by section 12 of part A
    42  of chapter 20 of the laws of 2015, is amended to read as follows:
    43    (14) provides that where the amount of rent charged to and paid by the
    44  tenant is less than the legal regulated rent for  the  housing  accommo-
    45  dation,  the  amount of rent for such housing accommodation which may be
    46  charged upon renewal or upon vacancy thereof, may, at the option of  the
    47  owner,  be  based upon such previously established legal regulated rent,
    48  as adjusted by the most recent applicable guidelines increases  and  any
    49  other  increases  authorized by law. Such housing accommodation shall be
    50  excluded from the provisions of this code pursuant to  section  26-504.2
    51  of  this  chapter  when, subsequent to vacancy: (i) such legal regulated
    52  rent [prior to vacancy] is two thousand five hundred dollars per  month,
    53  or  more,  for any housing accommodation that is or becomes vacant after
    54  the effective date of the rent act of 2011 but prior  to  the  effective
    55  date  of  the  rent act of 2015 or (ii) such legal regulated rent is two
    56  thousand seven hundred dollars per month or more, provided, however that

        S. 8014                             6
 
     1  on January 1, 2016, and annually thereafter, the maximum legal regulated
     2  rent for this deregulation threshold  shall  be  adjusted  by  the  same
     3  percentage as the most recent one year renewal adjustment as adjusted by
     4  the  relevant  rent guidelines board, for any housing accommodation that
     5  is or becomes vacant on or after the rent act of 2015.
     6    § 6. Section 467-i of the real property tax law is REPEALED.
     7    § 7. This act shall take effect immediately and shall be  deemed    to
     8  have been in full force and effect on and after June 15, 2015; provided,
     9  however that:
    10    (a)  the  amendments to the emergency housing rent control law made by
    11  section one of this act shall expire  on  the  same  date  as  such  law
    12  expires  and  shall not affect the expiration of such law as provided in
    13  subdivision 2 of section 1 of chapter 274 of the laws of 1946;
    14    (b) the amendments to the emergency tenant protection act of  nineteen
    15  seventy-four  made  by  section two of this act shall expire on the same
    16  date as such act expires and shall not affect the expiration of such act
    17  as provided in section 17 of chapter 576 of the laws of 1974;
    18    (c) the amendments to chapter 3 of title 26 of the administrative code
    19  of the city of New York made by section three of this act  shall  remain
    20  in  full force and effect only as long as the public emergency requiring
    21  the regulation and control of residential rents and evictions continues,
    22  as provided in subdivision 3 of section 1 of the local emergency housing
    23  rent control act; and
    24    (d) the amendments to chapter 4 of title 26 of the administrative code
    25  of the city of New York made by sections four and five of this act shall
    26  expire on the same date as such chapter expires and shall not affect the
    27  expiration of such chapter as provided under section 26-520 of such law.
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