NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A222
SPONSOR: Rosenthal L TITLE OF BILL:
An act to repeal paragraph 9 of subdivision a of section 26-405 of the
administrative code of the city of New York, relating to hearings
regarding biennial maximum base rent adjustments
PURPOSE:
To eliminate biennial maximum base rent adjustment hearings.
SUMMARY OF SPECIFIC PROVISIONS:
Section one repeals paragraph 9 of subdivision a of section 26-405 of
the administrative code of the city of New York.
Section two establishes the effective date.
JUSTIFICATION:
Prior to June 14, 2019, rent-controlled tenants in New York City were
subject to rent increases of up to 7.5% based on maximum base rent (MBR)
hearings held every two years. Rent-stabilized tenants, however, were
subject to different rent increases, set by the Rent Guidelines Board.
The Housing Stability and Tenant Protection Act (HSTPA) of 2019 limited
rent increases for many rent-controlled tenants, stating that rents can
only be raised by the lesser of the average of the previous five years
of RGB increases or 7.5%. The Legislature intended to eliminate the need
for holding the biannual MBR hearing in the HSTPA. As a result of a
drafting error, the section of the administrative code of the City of
New York requiring biennial MBR hearings was not repealed. The HSTPA now
requires the New York State Division of Housing and Community Renewal to
continue holding the costly and time-consuming hearings.
This legislation will correct that error and alleviate a burden on the
Department by repealing the section of administrative law requiring it
to hold a biannual MBR hearing.
LEGISLATIVE HISTORY:
2021-22: A.655 - Passed Assembly; S.2738-A - Referred to Housing,
Construction and Community Development
2019-20: A.10764 - Referred to Housing
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
222
2023-2024 Regular Sessions
IN ASSEMBLY(Prefiled)
January 4, 2023
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Housing
AN ACT to repeal paragraph 9 of subdivision a of section 26-405 of the
administrative code of the city of New York, relating to hearings
regarding biennial maximum base rent adjustments
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph 9 of subdivision a of section 26-405 of the
2 administrative code of the city of New York is REPEALED.
3 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00678-01-3
