Rpld §2 sub 2 ¶(n), Emerg Hous Rent Cont L; rpld §5 sub a ¶13, amd §10, Emerg Ten Prot Act of 1974; rpld
§26-403 sub e ¶2 sub¶ (k), §26-504.2, amd §26-511, NYC Ad Cd
Makes conforming technical changes to the New York City administrative code and the emergency tenant protection act relating to vacancy decontrol.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A433
SPONSOR: Rosenthal (MS) TITLE OF BILL:
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
making conforming technical changes; and to repeal paragraph 13 of
subdivision a of section 5 of section 4 of chapter 576 of the laws of
1974 constituting the emergency tenant protection act of nineteen seven-
ty-four, paragraph (n) of subdivision 2 of section 2 of chapter 274 of
the laws of 1946, constituting the emergency housing rent control law,
and section 26-504.2 and subparagraph (k) of paragraph 2 of subdivision
e of section 26-403 of the administrative code of the city of New York,
relating to vacancy decontrol
PURPOSE:
This bill repeals Provisions of New York State and New York City stat-
utes that remove apartments from rent stabilization or rent control when
such apartments are vacated and could be rented under such statutes for
monthly rents of $2,700 or more.
SUMMARY OF SPECIFIC PROVISIONS:
Section one sets forth legislative findings and declaration of emergen-
cy.
Section two repeals paragraph (n) of subdivision 2 of section 2 of chap-
ter 274 of the laws of 1946, constituting the emergency rent control
law.
Section three repeals paragraph 13 of subdivision a of section 5 of
section 4 of chapter 576 of the laws of 1974, constituting the emergency
tenant protection act of 1974.
Section four repeals subparagraph (k) of paragraph 2 of subdivision e of
section 25-403 of the administrative code of the city of New York.
Section five repeals section 26-504.2 of the administrative code of the
city of New York.
Section under such laws which were deregulated upon vacancy on or after
January 1, 2013 or which were deregulated upon vacancy prior to January
1, 2007 and which rented for less than $5,000 per month in New York City
or less than $3,500 per month in the counties of Westchester, Nassau,
and Rockland on or after January 1, 2013.
Section eight and Section nine repeal vacancy decontrol provisions of
the New York City Administrative Code and the Emergency Tenant
Protection Act that relate to preferential rents, respectively.
Section ten sets forth the effective date.
JUSTIFICATION:
The shortage of affordable housing in New York City, in the suburban
counties of Westchester, Nassau, and Rockland and in many other areas of
the state is an acute crisis. The systems of rent regulation presently
existing are the single most effective program of state and local
governments to preserve the supply of affordable housing. These programs
have been seriously eroded by the vacancy decontrol laws.
Available data and several studies suggest that over 300,000 rent stabi-
lized apartments have been removed from regulation in New York City and
the counties of Westchester, Nassau, and Rockland under vacancy decon-
trol. The pace at which vacancy decontrol removes affordable housing
units from regulation is accelerating with each passing year.
Vacancy decontrol is an incentive for owners of rental housing to with-
hold services and to use forms of harassment to induce regulated tenants
to vacate their rental units. In some instances, costs of renovation
have been inflated or even falsified in order to drive apartment rents
to the $2,000 threshold for vacancy decontrol. In other cases no reno-
vations at all are done to vacant apartments and such apartments are
treated as deregulated regardless of the legal rent. Such abuses are
made possible by the existence of the vacancy decontrol laws. Repeal of
vacancy decontrol is essential to restore the integrity of the rent
regulation systems and to protect the state's precious supply of afford-
able housing.
LEGISLATIVE HISTORY:
2015-16: A.1865-B - Advanced to Third Reading Calendar
2013-14: A.1585 - Passed Assembly; S.1167 - Referred to Housing
2011-12: A.2430-A - Passed Assembly; S.1193-A - Referred to Housing
2009-10: A.2005 - Passed Assembly; S.2237-A - Referred to Housing
FISCAL IMPLICATIONS:
Some costs may be incurred by HCR
EFFECTIVE DATE:
This bill shall take effect immediately.
