A02351 Summary:
| BILL NO | A02351 |
| SAME AS | SAME AS S00185 |
| SPONSOR | Pichardo |
| COSPNSR | Dinowitz, 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 |
| MLTSPNSR | Lentol, 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. | |
A02351 Text:
Go to topSTATE 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 Paragraph 5-a of subdivision c of section 26-511 of the 2 administrative code of the city of New York is REPEALED. 3 § 2.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4 of chapter 576 of 4 the laws of 1974, constituting the emergency tenant protection act of 5 nineteen seventy-four is REPEALED. 6 § 3.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)17of 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. LBD02626-01-9A. 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)17of 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[,37including the amount allowed by paragraph five-a of subdivision c of38section 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 inA. 2351 3 1 effect for vacancy leases for housing accommodations covered by the rent 2 stabilization law of nineteen hundred sixty-nine[, including the amount3allowed by paragraph five-a of subdivision c of section 26-511 of such4law]. 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 allowed26by 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.