De La Rosa, Walker, Rosenthal L, Barron, Dinowitz, Ortiz, Carroll, Sepulveda, Simon, Rozic,
Seawright, Epstein, Joyner, Espinal
MLTSPNSR
Amd §10, Emerg Ten Prot Act of 1974; amd §26-511, NYC Ad Cd
Prohibits an owner from adjusting the amount of preferential rent, rent charged and paid by the tenant which is less than the legal regulated rent for the housing accommodation, upon the renewal of a lease; only allows the owner to make such adjustments upon a vacancy which is not the result of the failure of the owner to maintain a habitable residence.
STATE OF NEW YORK
________________________________________________________________________
6285
2017-2018 Regular Sessions
IN ASSEMBLY
March 1, 2017
___________
Introduced by M. of A. CYMBROWITZ -- read once and referred to the
Committee on Housing
AN ACT to amend the emergency tenant protection act of nineteen seven-
ty-four and the administrative code of the city of New York, in
relation to the regulation of rents
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision (a-2) of section 10 of section 4 of chapter 576
2 of the laws of 1974, constituting the emergency tenant protection act of
3 nineteen seventy-four, as amended by section 11 of part A of chapter 20
4 of the laws of 2015, is amended to read as follows:
5 (a-2) Provides that where the amount of rent charged to and paid by
6 the tenant is less than the legal regulated rent for the housing accom-
7 modation, the amount of rent for such housing accommodation which may be
8 charged [upon renewal or] upon vacancy thereof, may, at the option of
9 the owner, be based upon such previously established legal regulated
10 rent, as adjusted by the most recent applicable guidelines increases and
11 other increases authorized by law; provided, however, that such vacancy
12 shall not be caused by the failure of the owner or an agent of the
13 owner, to maintain the housing accommodation in compliance with the
14 warranty of habitability set forth in subdivision one of section two
15 hundred thirty-five-b of the real property law; and further provided
16 that such increase to the previously established legal regulated rent
17 shall not exceed: five percent of the previous legal regulated rent if
18 the last vacancy lease commenced less than two years ago; ten percent of
19 the previous legal regulated rent if the last vacancy lease commenced
20 less than three years ago; fifteen percent of the previous legal regu-
21 lated rent if the last vacancy lease commenced less than four years ago;
22 and twenty percent of the previous legal regulated rent if the last
23 vacancy lease commenced four or more years ago. Such housing accommo-
24 dation shall be excluded from the provisions of this act pursuant to
25 paragraph thirteen of subdivision a of section five of this act when
26 subsequent to vacancy: (i) such legal regulated rent is two thousand
27 five hundred dollars per month, or more, for any housing accommodation
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06860-03-7
A. 6285 2
1 that is, or becomes, vacant after the effective date of the rent act of
2 2011 but prior to the effective date of the rent act of 2015 or (ii)
3 such legal regulated rent is two thousand seven hundred dollars per
4 month or more for any housing accommodation that is or becomes vacant on
5 or after the rent act of 2015; starting on January 1, 2016, and annually
6 thereafter, the maximum legal regulated rent for this deregulation
7 threshold, shall also be increased by the same percent as the most
8 recent one year renewal adjustment, adopted by the applicable rent
9 guidelines board pursuant to the rent stabilization law.
10 § 2. Paragraph 14 of subdivision c of section 26-511 of the adminis-
11 trative code of the city of New York, as amended by section 12 of part A
12 of chapter 20 of the laws of 2015, is amended to read as follows:
13 (14) provides that where the amount of rent charged to and paid by the
14 tenant is less than the legal regulated rent for the housing accommo-
15 dation, the amount of rent for such housing accommodation which may be
16 charged [upon renewal or] upon vacancy thereof, may, at the option of
17 the owner, be based upon such previously established legal regulated
18 rent, as adjusted by the most recent applicable guidelines increases and
19 any other increases authorized by law; provided, however, that such
20 vacancy shall not be caused by the failure of the owner or an agent of
21 the owner, to maintain the housing accommodation in compliance with the
22 warranty of habitability set forth in subdivision one of section two
23 hundred thirty-five-b of the real property law; and further provided
24 that such increase to the previously established legal regulated rent
25 shall not exceed: five percent of the previous legal regulated rent if
26 the last vacancy lease commenced less than two years ago; ten percent of
27 the previous legal regulated rent if the last vacancy lease commenced
28 less than three years ago; fifteen percent of the previous legal regu-
29 lated rent if the last vacancy lease commenced less than four years ago;
30 and twenty percent of the previous legal regulated rent if the last
31 vacancy lease commenced four or more years ago. Such housing accommo-
32 dation shall be excluded from the provisions of this code pursuant to
33 section 26-504.2 of this chapter when, subsequent to vacancy: (i) such
34 legal regulated rent prior to vacancy is two thousand five hundred
35 dollars per month, or more, for any housing accommodation that is or
36 becomes vacant after the effective date of the rent act of 2011 but
37 prior to the effective date of the rent act of 2015 or (ii) such legal
38 regulated rent is two thousand seven hundred dollars per month or more,
39 provided, however that on January 1, 2016, and annually thereafter, the
40 maximum legal regulated rent for this deregulation threshold shall be
41 adjusted by the same percentage as the most recent one year renewal
42 adjustment as adjusted by the relevant rent guidelines board, for any
43 housing accommodation that is or becomes vacant on or after the rent act
44 of 2015.
45 § 3. This act shall take effect immediately; provided, however, that
46 the amendments to section 10 of the emergency tenant protection act of
47 nineteen seventy-four made by section one of this act shall expire on
48 the same date as such act expires and shall not affect the expiration of
49 such act as provided in section 17 of chapter 576 of the laws of 1974;
50 and provided, further, that the amendments to section 26-511 of the rent
51 stabilization law of nineteen hundred sixty-nine made by section two of
52 this act shall expire on the same date as such law expires and shall not
53 affect the expiration of such law as provided under section 26-520 of
54 such law.
