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A02351 Summary:

BILL NOA02351
 
SAME ASSAME AS S00185
 
SPONSORPichardo
 
COSPNSRDinowitz, Reyes, Fernandez, DenDekker, Taylor, Arroyo, Niou, Joyner, De La Rosa, Barnwell, Simon, D'Urso, Epstein, Simotas, Quart, Rosenthal L, Davila, Colton, Miller MG, Blake, Richardson, Cook, Gottfried, Hunter, Crespo, Williams, Glick, Rosenthal D, Cruz, Rozic, Bichotte, Frontus, Ortiz, Carroll, Barron, Hevesi, Perry, Seawright, Kim, Weprin, Titus, Aubry, Rivera, Walker, Rodriguez, Raynor, O'Donnell, Benedetto
 
MLTSPNSRLentol, Mosley, Nolan
 
Rpld 26-511 sub c 5-a, amd 26-512 & 26-403.2, NYC Ad Cd; rpld 10 sub (a-1), amd 6, Emerg Ten Prot Act of 1974; amd 5, Emerg Hous Rent Cont L; amd 1, Chap 21 of 1962
 
Repeals provisions permitting rent increases after vacancy of a housing accommodation.
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A02351 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2351
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 22, 2019
                                       ___________
 
        Introduced by M. of A. PICHARDO -- read once and referred to the Commit-
          tee on Housing
 
        AN  ACT  to  amend  the administrative code of the city of New York, the
          emergency tenant protection act of nineteen seventy-four, the emergen-
          cy housing rent control law and the local emergency rent control  act,
          in  relation  to  rent  increases  after vacancy of a housing accommo-
          dation; and to repeal certain provisions of the administrative code of
          the city of New York and the emergency tenant protection act of  nine-
          teen seventy-four relating thereto
 
          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     2  administrative code of the city of New York is REPEALED.
     3    §  2.  Subdivision  (a-1) of section 10 of section 4 of chapter 576 of
     4  the laws of 1974, constituting the emergency tenant  protection  act  of
     5  nineteen seventy-four is REPEALED.
     6    § 3. Subdivision f of section 26-512 of the administrative code of the
     7  city  of  New  York,  as  added  by  chapter 116 of the laws of 1997, is
     8  amended to read as follows:
     9    f. Notwithstanding any provision of this law to the  contrary  in  the
    10  case where all tenants named in a lease have permanently vacated a hous-
    11  ing accommodation and a family member of such tenant or tenants is enti-
    12  tled  to  and  executes a renewal lease for the housing accommodation if
    13  such accommodation continues to be subject to this law after such family
    14  member vacates, on the occurrence of such vacancy  the  legal  regulated
    15  rent  shall  be increased by a sum equal to the allowance then in effect
    16  for vacancy leases[, including the amount allowed by paragraph  (five-a)
    17  of  subdivision c of section 26-511 of this law]. Such increase shall be
    18  in addition to any other increases provided for in this law including an
    19  adjustment based upon a major  capital  improvement,  or  a  substantial
    20  modification  or increase of dwelling space or services, or installation
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02626-01-9

        A. 2351                             2
 
     1  of new  equipment  or  improvements  or  new  furniture  or  furnishings
     2  provided  in  or to the housing accommodation pursuant to section 26-511
     3  of this law and shall be applicable in like manner to each second subse-
     4  quent succession.
     5    §  4.  Subdivision  g  of section 6 of section 4 of chapter 576 of the
     6  laws of 1974, constituting the emergency tenant protection act of  nine-
     7  teen  seventy-four,  as  added  by  chapter  116 of the laws of 1997, is
     8  amended to read as follows:
     9    g. Notwithstanding any provision of this act to the  contrary  in  the
    10  case where all tenants named in a lease have permanently vacated a hous-
    11  ing accommodation and a family member of such tenant or tenants is enti-
    12  tled  to  and  executes a renewal lease for the housing accommodation if
    13  such accommodation continues to be subject to this act after such family
    14  member vacates, on the occurrence of such vacancy  the  legal  regulated
    15  rent  shall  be increased by a sum equal to the allowance then in effect
    16  for vacancy leases[, including the amount allowed by  subdivision  (a-1)
    17  of  section ten of this act].  Such increase shall be in addition to any
    18  other increases provided for in this act including an  adjustment  based
    19  upon  a  major  capital  improvement,  or  a substantial modification or
    20  increase of dwelling space or services, or installation of new equipment
    21  or improvements or new furniture or furnishings provided in  or  to  the
    22  housing  accommodation,  pursuant  to this section [six of this act] and
    23  shall be applicable in like manner to each second subsequent succession.
    24    § 5. Subdivision 9 of section 5 of chapter 274 of the  laws  of  1946,
    25  constituting the emergency housing rent control law, as added by chapter
    26  116 of the laws of 1997, is amended to read as follows:
    27    9.  Notwithstanding  any  provision of this law to the contrary in the
    28  case where all tenants occupying the housing accommodation on the effec-
    29  tive date of this subdivision have vacated the housing accommodation and
    30  a family member of such vacating tenant or tenants is  entitled  to  and
    31  continues to occupy the housing accommodation subject to the protections
    32  of  this  law, if such accommodation continues to be subject to this law
    33  after such family member vacates, on the occurrence of such vacancy  the
    34  maximum collectable rent shall be increased by a sum equal to the allow-
    35  ance  then  in  effect  for  vacancy  leases  for housing accommodations
    36  covered by the rent stabilization law of nineteen  hundred  sixty-nine[,
    37  including  the  amount  allowed  by paragraph five-a of subdivision c of
    38  section 26-511 of such law]. This increase shall be in addition  to  any
    39  other  increases provided in this law including an adjustment based upon
    40  a major capital improvement, or a substantial increase  or  decrease  in
    41  dwelling  space  or  a change in the services, furniture, furnishings or
    42  equipment provided in the housing  accommodation,  pursuant  to  section
    43  four  of  this law and shall be applicable in like manner to each second
    44  subsequent succession.
    45    § 6. Section 26-403.2 of the administrative code of the  city  of  New
    46  York, as added by chapter 116 of the laws of 1997, is amended to read as
    47  follows:
    48    §  26-403.2  Increase in maximum collectable rent. Notwithstanding any
    49  provision of this law to the contrary in  the  case  where  all  tenants
    50  occupying  the  housing  accommodation  on  the  effective  date of this
    51  section have vacated the housing accommodation and a  family  member  of
    52  such  vacating  tenant or tenants is entitled to and continues to occupy
    53  the housing accommodation subject to the protections  of  this  law,  if
    54  such accommodation continues to be subject to this law after such family
    55  member  vacates, on the occurrence of such vacancy the maximum collecta-
    56  ble rent shall be increased by a sum equal  to  the  allowance  then  in

        A. 2351                             3
 
     1  effect for vacancy leases for housing accommodations covered by the rent
     2  stabilization  law of nineteen hundred sixty-nine[, including the amount
     3  allowed by paragraph five-a of subdivision c of section 26-511  of  such
     4  law]. This increase shall be in addition to any other increases provided
     5  for  in  this  law  including  an  adjustment based upon a major capital
     6  improvement, or a substantial increase or decrease in dwelling space  or
     7  a  change  in the services, furniture, furnishings or equipment provided
     8  in the housing accommodation, pursuant to section 26-405 of this law and
     9  shall be applicable in like manner to each second subsequent succession.
    10    § 7. The sixth undesignated paragraph of subdivision 5 of section 1 of
    11  chapter 21 of the laws of 1962, constituting the  local  emergency  rent
    12  control act, as amended by chapter 82 of the laws of 2003, is amended to
    13  read as follows:
    14    Notwithstanding  any  provision of this act to the contrary, any local
    15  law adopted pursuant to this act shall provide that notwithstanding  any
    16  provision  of such local law in the case where all tenants occupying the
    17  housing accommodation on the  effective  date  of  this  paragraph  have
    18  vacated  the  housing accommodation and a family member of such vacating
    19  tenant or tenants is entitled to and continues  to  occupy  the  housing
    20  accommodation  subject  to the protections of such act, if such accommo-
    21  dation continues to be subject to such  act  after  such  family  member
    22  vacates,  on the occurrence of such vacancy the maximum collectable rent
    23  shall be increased by a sum equal to the allowance then  in  effect  for
    24  vacancy leases for housing accommodations covered by the rent stabiliza-
    25  tion  law  of nineteen hundred sixty-nine[, including the amount allowed
    26  by paragraph (5-a) of subdivision c of section 26-511 of such law]. This
    27  increase shall be in addition to any other  increases  provided  for  in
    28  this  act  and  shall be applicable in like manner to each second subse-
    29  quent succession.
    30    § 8. This act shall take effect immediately; provided that:
    31    (a) the amendments to section 26-512 of chapter 4 of title 26  of  the
    32  administrative  code  of  the  city of New York made by section three of
    33  this act shall expire on the same date as such law expires and shall not
    34  affect the expiration of such law as provided under  section  26-520  of
    35  such law; and
    36    (b) the amendments to section 6 of the emergency tenant protection act
    37  of  nineteen  seventy-four made by section four of this act shall expire
    38  on the same date as such act expires and shall not affect the expiration
    39  of such act as provided in section 17 of chapter  576  of  the  laws  of
    40  1974; and
    41    (c)  the amendments to section 5 of the emergency housing rent control
    42  law made by section five of this act shall expire on the  same  date  as
    43  such  law  expires  and  shall  not affect the expiration of such law as
    44  provided in subdivision 2 of section 1 of chapter 274  of  the  laws  of
    45  1946; and
    46    (d)  the amendments to section 26-403.2 of the city rent and rehabili-
    47  tation law made by section six of this act shall remain  in  full  force
    48  and effect only as long as the public emergency requiring the regulation
    49  and control of residential rents and evictions continues, as provided in
    50  subdivision  3  of section 1 of the local emergency housing rent control
    51  act; and
    52    (e) the amendments to subdivision 5 of section 1 of the local emergen-
    53  cy housing rent control act, made by section seven of  this  act,  shall
    54  not  affect  the effectiveness of such subdivision and shall cease to be
    55  in full force and effect pursuant to subdivision 3 of section 1 of  such
    56  act.
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