- Summary
- Actions
- Floor Votes
- Memo
- Text
A01585 Summary:
BILL NO | A01585 |
  | |
SAME AS | SAME AS S01167 |
  | |
SPONSOR | Rosenthal (MS) |
  | |
COSPNSR | Silver, Brennan, Lentol, Wright, Camara, Brook-Krasny, Kellner, Schimel, Kavanagh, Gottfried, Dinowitz, Millman, Lavine, Colton, O'Donnell, Titus, Farrell, Ortiz, Benedetto, Hooper, Jacobs, Robinson, Zebrowski, Glick, Mosley, Weprin, Davila |
  | |
MLTSPNSR | Cook, Cymbrowitz, Heastie, Jaffee, Markey, Peoples-Stokes, Perry, Pretlow, Rivera, Scarborough, Sepulveda, Weisenberg |
  | |
Rpld S2 sub 2 (n), Emerg Hous Rent Cont L; rpld S5 sub a 13, amd S10, Emerg Ten Prot Act of 1974; rpld S26-403 sub e 2 sub (k), S26-504.2, amd S26-511, NYC Ad Cd | |
  | |
Makes conforming technical changes to the New York City administrative code and the emergency tenant protection act relating to vacancy decontrol. |
A01585 Floor Votes:
Yes
Abbate
Yes
Crespo
No
Goodell
Yes
Lupardo
Yes
Paulin
Yes
Simanowitz
Yes
Abinanti
No
Crouch
Yes
Gottfried
No
Lupinacci
Yes
Peoples-Stokes
Yes
Simotas
Yes
Arroyo
No
Curran
No
Graf
No
Magee
Yes
Perry
No
Skartados
Yes
Aubry
No
Cusick
No
Gunther
Yes
Magnarelli
Yes
Pretlow
Yes
Skoufis
No
Barclay
Yes
Cymbrowitz
No
Hawley
Yes
Maisel
Yes
Quart
Yes
Solages
No
Barrett
ER
DenDekker
Yes
Heastie
No
Malliotakis
Yes
Ra
No
Stec
Yes
Barron
Yes
Dinowitz
Yes
Hennessey
Yes
Markey
No
Rabbitt
Yes
Steck
Yes
Benedetto
No
DiPietro
Yes
Hevesi
Yes
Mayer
No
Raia
Yes
Stevenson
No
Blankenbush
ER
Duprey
ER
Hikind
Yes
McDonald
Yes
Ramos
Yes
Stirpe
No
Borelli
Yes
Englebright
Yes
Hooper
No
McDonough
No
Reilich
Yes
Sweeney
AB
Boyland
Yes
Espinal
Yes
Jacobs
No
McKevitt
ER
Rivera
No
Tedisco
Yes
Braunstein
Yes
Fahy
Yes
Jaffee
No
McLaughlin
Yes
Roberts
No
Tenney
Yes
Brennan
Yes
Farrell
No
Johns
Yes
Miller
Yes
Robinson
Yes
Thiele
No
Brindisi
No
Finch
No
Jordan
Yes
Millman
Yes
Rodriguez
Yes
Titone
Yes
Bronson
No
Fitzpatrick
No
Katz
No
Montesano
Yes
Rosa
Yes
Titus
Yes
Brook-Krasny
No
Friend
Yes
Kavanagh
Yes
Morelle
Yes
Rosenthal
No
Walter
Yes
Buchwald
No
Gabryszak
Yes
Kearns
Yes
Mosley
Yes
Rozic
Yes
Weinstein
No
Butler
No
Galef
Yes
Kellner
Yes
Moya
Yes
Russell
Yes
Weisenberg
Yes
Cahill
No
Gantt
Yes
Kim
No
Nojay
Yes
Ryan
Yes
Weprin
Yes
Camara
No
Garbarino
No
Kolb
Yes
Nolan
ER
Saladino
Yes
Wright
No
Ceretto
Yes
Gibson
No
Lalor
No
Oaks
No
Santabarbara
Yes
Zebrowski
Yes
Clark
No
Giglio
Yes
Lavine
Yes
O'Donnell
Yes
Scarborough
Yes
Mr. Speaker
Yes
Colton
Yes
Gjonaj
Yes
Lentol
Yes
Ortiz
Yes
Schimel
Yes
Cook
Yes
Glick
Yes
Lifton
Yes
Otis
No
Schimminger
No
Corwin
Yes
Goldfeder
No
Lopez
No
Palmesano
Yes
Sepulveda
‡ Indicates voting via videoconference
Yes
Abbate
No
Curran
ER
Hawley
Yes
Markey
Yes
Quart
Yes
Steck
Yes
Abinanti
No
Cusick
Yes
Heastie
Yes
Mayer
No
Ra
Yes
Stirpe
Yes
Arroyo
Yes
Cymbrowitz
No
Hennessey
Yes
McDonald
No
Raia
Yes
Sweeney
Yes
Aubry
Yes
Davila
ER
Hevesi
No
McDonough
Yes
Ramos
No
Tedisco
No
Barclay
Yes
DenDekker
ER
Hikind
No
McKevitt
Yes
Rivera
No
Tenney
No
Barrett
Yes
Dinowitz
Yes
Hooper
No
McLaughlin
Yes
Roberts
ER
Thiele
Yes
Benedetto
ER
DiPietro
Yes
Jacobs
No
Miller
ER
Robinson
Yes
Titone
No
Blankenbush
No
Duprey
Yes
Jaffee
Yes
Millman
Yes
Rodriguez
Yes
Titus
No
Borelli
Yes
Englebright
No
Johns
No
Montesano
Yes
Rosa
No
Walter
Yes
Braunstein
Yes
Fahy
No
Katz
Yes
Morelle
Yes
Rosenthal
Yes
Weinstein
Yes
Brennan
Yes
Farrell
Yes
Kavanagh
Yes
Mosley
Yes
Rozic
ER
Weisenberg
No
Brindisi
No
Finch
Yes
Kearns
Yes
Moya
ER
Russell
Yes
Weprin
Yes
Bronson
No
Fitzpatrick
Yes
Kellner
No
Nojay
Yes
Ryan
Yes
Wright
Yes
Brook-Krasny
No
Friend
Yes
Kim
Yes
Nolan
No
Saladino
Yes
Zebrowski
Yes
Buchwald
Yes
Galef
No
Kolb
No
Oaks
No
Santabarbara
Yes
Mr. Speaker
ER
Butler
No
Gantt
No
Lalor
Yes
O'Donnell
Yes
Scarborough
Yes
Cahill
No
Garbarino
Yes
Lavine
Yes
Ortiz
Yes
Schimel
Yes
Camara
No
Giglio
Yes
Lentol
Yes
Otis
No
Schimminger
No
Ceretto
No
Gjonaj
Yes
Lifton
No
Palmesano
Yes
Sepulveda
Yes
Clark
Yes
Glick
No
Lopez
No
Palumbo
No
Simanowitz
Yes
Colton
Yes
Goldfeder
Yes
Lupardo
Yes
Paulin
ER
Simotas
Yes
Cook
No
Goodell
No
Lupinacci
Yes
Peoples-Stokes
No
Skartados
No
Corwin
Yes
Gottfried
No
Magee
Yes
Perry
Yes
Skoufis
Yes
Crespo
No
Graf
ER
Magnarelli
Yes
Pichardo
Yes
Solages
No
Crouch
Yes
Gunther
No
Malliotakis
Yes
Pretlow
No
Stec
‡ Indicates voting via videoconference
A01585 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A1585 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 seventy-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 OR GENERAL IDEA OF BILL: This bill repeals Provisions of New York State and New York City statutes 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 $2,000 or more.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 of this bill sets forth legislative findings and declaration of emergency Section 2 Would repeal paragraph (n) of subdivision 2 of section 2 of chapter 274 of the laws of 1946, constituting the emergency rent control law Section 3 of this bill would 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 1974 Section 4 would repeal subparagraph (k) of paragraph 2 of subdivision e of section 25-403 of the administrative code of the city of New York Section 5 would repeal section 26-504.2 of the administrative code of the city of New York Section 6 and Section 7 also subject accommodations to regulation under such laws which were deregulated upon vacancy on or after January 1, 2007 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 Rock- land on or after January 1, 2007. Section 8 and 9 repeal vacancy decontrol provisions of the New York City Administrative Code and the Emergency Tenant Protection Act that relate to preferential rents, respectively. Section 10 provides for an immediate 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 regu- lation 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.   PRIOR LEGISLATIVE HISTORY: 2011-2012 - 2430A Similar to: 2010: A2005- Passed the Assembly 2008: A7416A-Passed Assembly/S5149B Referred to Housing 2007: A7416A - Passed Assembly 2006: A6916 - Housing 2005: A6916 - Third reading calendar 2004: A10845 -Passed Assembly 2002: A1101- Passed Assembly   FISCAL IMPLICATIONS: Some costs may be incurred by DHCR.   EFFECTIVE DATE: Immediately.
A01585 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 1585 2013-2014 Regular Sessions IN ASSEMBLY (Prefiled) January 9, 2013 ___________ Introduced by M. of A. ROSENTHAL, SILVER, BRENNAN, LENTOL, WRIGHT, CAMARA, BROOK-KRASNY, BOYLAND, KELLNER, SCHIMEL, MAISEL, KAVANAGH, GOTTFRIED, DINOWITZ, MILLMAN, LAVINE, COLTON, O'DONNELL, TITUS, FARRELL, ORTIZ, BENEDETTO, HOOPER, JACOBS, ROBINSON, ZEBROWSKI, GLICK, CASTRO, GIBSON, STEVENSON -- Multi-Sponsored by -- M. of A. BARRON, COOK, CYMBROWITZ, HEASTIE, JAFFEE, MARKEY, PEOPLES-STOKES, PERRY, PRETLOW, RIVERA, SCARBOROUGH, WEISENBERG -- read once and referred to the Committee on Housing 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 seventy-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 The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings and declaration of emergency. The 2 legislature hereby finds and declares that the serious public emergency 3 which led to the enactment of the existing laws regulating residential 4 rents and evictions continues to exist; that such laws would better 5 serve the public interest if certain changes were made thereto, includ- 6 ing the continued regulation of certain housing accommodations that 7 become vacant and the reinstatement of regulation of certain housing 8 accommodations that have been deregulated upon vacancy. 9 The legislature further recognizes that severe disruption of the 10 rental housing market has occurred and threatens to be exacerbated as a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02595-01-3A. 1585 2 1 result of the present state of the law in relation to the deregulation 2 of housing accommodations upon vacancy. The situation has permitted 3 speculative and profiteering practices and has brought about the loss of 4 vital and irreplaceable affordable housing for working persons and fami- 5 lies. 6 The legislature therefore declares that in order to prevent uncertain- 7 ty, potential hardship and dislocation of tenants living in housing 8 accommodations subject to government regulations as to rentals and 9 continued occupancy as well as those not subject to such regulation, the 10 provisions of this act are necessary to protect the public health, safe- 11 ty and general welfare. The necessity in the public interest for the 12 provisions hereinafter enacted is hereby declared as a matter of legis- 13 lative determination. 14 § 2. Paragraph (n) of subdivision 2 of section 2 of chapter 274 of the 15 laws of 1946, constituting the emergency housing rent control law, is 16 REPEALED. 17 § 3. Paragraph 13 of subdivision a of section 5 of section 4 of chap- 18 ter 576 of the laws of 1974, constituting the emergency tenant 19 protection act of nineteen seventy-four, is REPEALED. 20 § 4. Subparagraph (k) of paragraph 2 of subdivision e of section 21 26-403 of the administrative code of the city of New York is REPEALED. 22 § 5. Section 26-504.2 of the administrative code of the city of New 23 York is REPEALED. 24 § 6. Any housing accommodations that on or after January 1, 2007 were 25 excluded from coverage from the emergency tenant protection act of nine- 26 teen seventy-four, the emergency housing rent control law or the admin- 27 istrative code of the city of New York pursuant to the provisions of law 28 repealed by sections two, three, four and five of this act shall be 29 subject to the provisions of such act, law or administrative code, 30 respectively. Notwithstanding the provisions of any lease or rental 31 agreement, the legal regulated rent or maximum collectible rent of any 32 housing accommodation excluded from regulation on or after January 1, 33 2007 by reason of the provisions repealed by sections two, three, four 34 and five of this act shall be the legal regulated rent or maximum 35 collectible rent applicable to such accommodation on December 31, 2006, 36 subject to further adjustment in accordance with applicable provisions 37 of law. 38 § 7. Any housing accommodations that prior to January 1, 2007 were 39 excluded from coverage from the emergency tenant protection act of nine- 40 teen seventy-four, the emergency housing rent control law or the admin- 41 istrative code of the city of New York pursuant to the provisions of law 42 repealed by sections two, three, four, and five of this act, and where 43 such housing accommodations were located outside the city of New York 44 and were rented to a tenant on or after January 1, 2007 for less than 45 $3,500 per month or were located within the city of New York and were 46 rented to a tenant on or after January 1, 2007 for less than $5,000.00 47 per month, shall be subject to the provisions of such act, law or admin- 48 istrative code, respectively. Notwithstanding the provisions of any 49 lease or rental agreement, the legal regulated rent or maximum collect- 50 ible rent of any housing accommodation excluded from regulation prior to 51 January 1, 2007 by reason of the provisions repealed by sections two, 52 three, four and five of this act and made subject to regulation shall be 53 the actual rent applicable to such accommodations on January 1, 2007 or 54 the first rent applicable to such accommodation after January 1, 2007, 55 subject to further adjustment in accordance with applicable provisions 56 of law.A. 1585 3 1 § 8. Paragraph 14 of subdivision c of section 26-511 of the adminis- 2 trative code of the city of New York, as amended by section 14 of part B 3 of chapter 97 of the laws of 2011, is amended to read as follows: 4 (14) provides that where the amount of rent charged to and paid by the 5 tenant is less than the legal regulated rent for the housing accommo- 6 dation, the amount of rent for such housing accommodation which may be 7 charged upon renewal or upon vacancy thereof may, at the option of the 8 owner, be based upon such previously established legal regulated rent, 9 as adjusted by the most recent applicable guidelines increases and any 10 other increases authorized by law. [Where, subsequent to vacancy, such11legal regulated rent, as adjusted by the most recent applicable guide-12lines increases and any other increases authorized by law is two thou-13sand dollars or more per month or, for any housing accommodation which14is or becomes vacant on or after the effective date of the rent act of152011, is two thousand five hundred dollars or more per month, such hous-16ing accommodation shall be excluded from the provisions of this law17pursuant to section 26-504.2 of this chapter.] 18 § 9. Subdivision a-2 of section 10 of section 4 of chapter 576 of the 19 laws of 1974 constituting the emergency tenant protection act of nine- 20 teen seventy-four, as amended by section 13 of part B of chapter 97 of 21 the laws of 2011, is amended to read as follows: 22 (a-2) Provides that where the amount of rent charged to and paid by 23 the tenant is less than the legal regulated rent for the housing accom- 24 modation, the amount of rent for such housing accommodation which may be 25 charged upon renewal or upon vacancy thereof may, at the option of the 26 owner, be based upon such previously established legal regulated rent, 27 as adjusted by the most recent applicable guidelines increases and other 28 increases authorized by law. [Where, subsequent to vacancy, such legal29regulated rent, as adjusted by the most recent applicable guidelines30increases and any other increases authorized by law is two thousand31dollars or more per month or, for any housing accommodation which is or32becomes vacant on or after the effective date of the rent act of 2011,33is two thousand five hundred dollars or more per month, such housing34accommodation shall be excluded from the provisions of this act pursuant35to paragraph thirteen of subdivision a of section five of this act.] 36 § 10. This act shall take effect immediately; provided, however, that: 37 (a) the amendments to section 26-511 of chapter 4 of title 26 of the 38 administrative code of the city of New York made by section eight of 39 this act shall expire on the same date as such law expires and shall not 40 affect the expiration of such law as provided under section 26-520 of 41 such law; and 42 (b) the amendments to subdivision a-2 of section 10 of section 4 of 43 the emergency tenant protection act of nineteen seventy-four made by 44 section nine of this act shall expire on the same date as such act 45 expires and shall not affect the expiration of such act as provided in 46 section 17 of chapter 576 of the laws of 1974.