A05178 Summary:

BILL NOA05178
 
SAME ASNo same as
 
SPONSORWright
 
COSPNSRBrook-Krasny
 
MLTSPNSRFarrell, Perry
 
Amd S26-511, NYC Ad Cd; amd S10, Emerg Ten Prot Act of 1974
 
Limits the amount of rent increase after the vacancy of a housing accommodation.
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A05178 Floor Votes:

DATE:06/13/2013Assembly Vote  YEA/NAY: 90/50
Yes
Abbate
Yes
Crespo
No
Goodell
Yes
Lupardo
No
Paulin
Yes
Simanowitz
Yes
Abinanti
No
Crouch
Yes
Gottfried
No
Lupinacci
Yes
Peoples-Stokes
Yes
Simotas
Yes
Arroyo
No
Curran
No
Graf
Yes
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
No
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
No
Miller
Yes
Robinson
Yes
Thiele
Yes
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
ER
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
DATE:05/13/2014Assembly Vote  YEA/NAY: 84/48
Yes
Abbate
No
Curran
No
Hawley
Yes
Markey
Yes
Quart
Yes
Steck
Yes
Abinanti
No
Cusick
Yes
Heastie
Yes
Mayer
No
Ra
Yes
Stirpe
Yes
Arroyo
Yes
Cymbrowitz
Yes
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
No
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
Yes
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
No
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
Yes
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
Yes
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
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A05178 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5178
 
SPONSOR: Wright
  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 limiting rent increase after vacancy of a housing accommodation   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to expand rent stabilized tenant protections by reducing the percentage by which rent may be increased upon vacancy.   SUMMARY OF SPECIFIC PROVISIONS: This bill would amend the administrative code of the city of New York and the Emergency Tenant Protection Act of 1974 to reduce the vacancy increase a landlord may collect from twenty percent to seven and one- half percent.   JUSTIFICATION: With the vacancy rate in New York City and the surrounding communities consistently less than five percent, accessing affordable housing continues to be a challenge for low- and middle income families. This bill would limit the amount a landlord may increase the rent for a rent stabilized apartment upon vacancy. This bill would have two beneficial effects for tenants. The first and most direct is that it would limit the amount a landlord can increase rents. This would help to stabilize the housing market by reducing the large rental increases landlords are currently allowed to make upon vacancy of a rent stabilized unit. The seven and one-half percent increase would be consistent with annual rent increases allowed by the New York City Rent Guidelines Board, and represents the approximate increase that would occur in a two-year period. The bill would also discourage tenant harassment. By not rewarding landlords for tenant turnover at an exorbitant rate, landlords are less likely to engage in activities to drive tenants out of their units.   PRIOR LEGISLATIVE HISTORY: New legislation.   EFFECTIVE DATE: This act shall take effect immediately provided that the amendments to the administrative code of the City of New York and the Emergency Tenant Protection Act shall not affect the expiration of such laws.
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A05178 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5178
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 20, 2013
                                       ___________
 
        Introduced by M. of A. WRIGHT -- 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 limiting rent increase after vacancy of a housing accommodation
 

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph 5-a of subdivision c of  section  26-511  of  the
     2  administrative  code of the city of New York, as amended by section 7 of
     3  part B of chapter 97 of the laws of 2011, is amended to read as follows:
     4    (5-a) provides that, notwithstanding any provision  of  this  chapter,
     5  the  legal  regulated  rent for any vacancy lease entered into after the
     6  effective date of this paragraph shall be  as  hereinafter  provided  in
     7  this  paragraph.  The  previous  legal  regulated  rent for such housing
     8  accommodation shall be increased by the following: (i)  if  the  vacancy
     9  lease is for a term of two years, [twenty] seven and one-half percent of
    10  the previous legal regulated rent; or (ii) if the vacancy lease is for a

    11  term  of  one  year  the  increase  shall be [twenty] seven and one-half
    12  percent of the previous legal regulated rent less an amount equal to the
    13  difference between (a) the two year renewal lease guideline  promulgated
    14  by  the guidelines board of the city of New York applied to the previous
    15  legal regulated rent and  (b)  the  one  year  renewal  lease  guideline
    16  promulgated  by  the guidelines board of the city of New York applied to
    17  the previous legal regulated rent. In addition, if the  legal  regulated
    18  rent  was  not increased with respect to such housing accommodation by a
    19  permanent vacancy allowance within eight years prior to a vacancy  lease
    20  executed  on  or  after  the effective date of this paragraph, the legal
    21  regulated rent may be further increased by an amount equal to the  prod-
    22  uct  resulting  from  multiplying  such previous legal regulated rent by

    23  six-tenths of one percent and further multiplying  the  amount  of  rent
    24  increase  resulting  therefrom by the greater of (A) the number of years
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09196-01-3

        A. 5178                             2
 
     1  since the imposition of the last permanent vacancy allowance, or (B)  if
     2  the  rent  was  not increased by a permanent vacancy allowance since the
     3  housing accommodation became subject to  this  chapter,  the  number  of
     4  years  that such housing accommodation has been subject to this chapter.
     5  Provided that if the previous legal regulated rent was less  than  three
     6  hundred dollars the total increase shall be as calculated above plus one

     7  hundred dollars per month. Provided, further, that if the previous legal
     8  regulated  rent was at least three hundred dollars and no more than five
     9  hundred dollars in no event shall the total increase  pursuant  to  this
    10  paragraph  be  less  than  one  hundred dollars per month. Such increase
    11  shall be in lieu of any allowance authorized for the  one  or  two  year
    12  renewal  component  thereof,  but  shall  be  in  addition  to any other
    13  increases authorized pursuant to this chapter  including  an  adjustment
    14  based upon a major capital improvement, or a substantial modification or
    15  increase of dwelling space or services, or installation of new equipment
    16  or  improvements  or  new furniture or furnishings provided in or to the
    17  housing accommodation pursuant to this section. The increase  authorized
    18  in  this  paragraph  may  not  be  implemented more than one time in any

    19  calendar year, notwithstanding the number of vacancy leases entered into
    20  in such year.
    21    § 2. Subdivision (a-1) of section 10 of section 4 of  chapter  576  of
    22  the  laws  of  1974, constituting the emergency tenant protection act of
    23  nineteen seventy-four, as amended by section 8 of part B of  chapter  97
    24  of the laws of 2011, is amended to read as follows:
    25    (a-1)  provides  that,  notwithstanding any provision of this act, the
    26  legal regulated rent for any vacancy lease entered into after the effec-
    27  tive date of this subdivision shall be as hereinafter set  forth.    The
    28  previous  legal  regulated  rent for such housing accommodation shall be
    29  increased by the following: (i) if the vacancy lease is for  a  term  of
    30  two  years,  [twenty]  seven  and one-half percent of the previous legal

    31  regulated rent; or (ii) if the vacancy lease is for a term of  one  year
    32  the  increase shall be [twenty] seven and one-half percent of the previ-
    33  ous legal regulated rent less an amount equal to the difference  between
    34  (a)  the  two year renewal lease guideline promulgated by the guidelines
    35  board of the county  in  which  the  housing  accommodation  is  located
    36  applied  to  the  previous  legal  regulated  rent  and (b) the one year
    37  renewal lease guideline promulgated by the guidelines board of the coun-
    38  ty in which the housing accommodation is located applied to the previous
    39  legal regulated rent. In addition, if the legal regulated rent  was  not
    40  increased  with  respect  to  such  housing accommodation by a permanent
    41  vacancy allowance within eight years prior to a vacancy  lease  executed
    42  on  or after the effective date of this subdivision, the legal regulated

    43  rent may be further increased by an amount equal to the product  result-
    44  ing from multiplying such previous legal regulated rent by six-tenths of
    45  one  percent and further multiplying the amount of rent increase result-
    46  ing therefrom by the greater of (A) the number of years since the  impo-
    47  sition  of  the last permanent vacancy allowance, or (B) if the rent was
    48  not increased by a permanent vacancy allowance since the housing  accom-
    49  modation became subject to this act, the number of years that such hous-
    50  ing  accommodation  has  been  subject to this act. Provided that if the
    51  previous legal regulated rent was less than three  hundred  dollars  the
    52  total increase shall be as calculated above plus one hundred dollars per
    53  month.  Provided, further, that if the previous legal regulated rent was
    54  at least three hundred dollars and no more than five hundred dollars  in

    55  no  event  shall the total increase pursuant to this subdivision be less
    56  than one hundred dollars per month. Such increase shall be  in  lieu  of

        A. 5178                             3
 
     1  any allowance authorized for the one or two year renewal component ther-
     2  eof, but shall be in addition to any other increases authorized pursuant
     3  to  this act including an adjustment based upon a major capital improve-
     4  ment,  or  a  substantial  modification or increase of dwelling space or
     5  services, or installation of new equipment or improvements or new furni-
     6  ture or furnishings provided in or to the housing accommodation pursuant
     7  to section six of this act.  The increase authorized in this subdivision
     8  may not be implemented more than one time in any calendar year, notwith-
     9  standing the number of vacancy leases entered into in such year.

    10    § 3. This act shall take effect immediately; provided that the  amend-
    11  ments  to  section  26-511  of  the  rent  stabilization law of nineteen
    12  hundred sixty-nine made by section one of this act shall expire  on  the
    13  same  date  as  such  law expires and shall not affect the expiration of
    14  such law as provided under section 26-520 of  such  law;  and  provided,
    15  further,  that  the  amendments  to  section  4  of the emergency tenant
    16  protection act of nineteen seventy-four made by section two of this  act
    17  shall  expire  on the same date as such act expires and shall not affect
    18  the expiration of such act as provided in section 17 of chapter  576  of
    19  the laws of 1974.
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