|SAME AS||No same as|
|SPONSOR||Lopez V (MS)|
|COSPNSR||Silver, Wright, Dinowitz, Latimer, Perry, Kavanagh, Boyland, Kellner, Lancman, Millman, O'Donnell, Pheffer, Titus, Ortiz, Spano, Colton, Rosenthal, Brook-Krasny|
|MLTSPNSR||Barron, Bing, Castro, Farrell, Glick, Gottfried, Jacobs, Jeffries, Lentol, Mayersohn, Rivera P, Robinson, Towns|
|Amd S1, Chap 21 of 1962|
|Removes provisions that prohibit cities of one million or more from strengthening rent regulation laws to provide more comprehensive coverage than state laws.|
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STATE OF NEW YORK ________________________________________________________________________ 2993 2011-2012 Regular Sessions IN ASSEMBLY January 21, 2011 ___________ Introduced by M. of A. V. LOPEZ, SILVER, WRIGHT, DINOWITZ, LATIMER, PERRY, KAVANAGH, BOYLAND, KELLNER, LANCMAN, MILLMAN, O'DONNELL, PHEF- FER, TITUS, ORTIZ, SPANO, COLTON, ROSENTHAL, BROOK-KRASNY -- Multi- Sponsored by -- M. of A. BARRON, BING, CASTRO, FARRELL, GLICK, GOTT- FRIED, JACOBS, JEFFRIES, LENTOL, MAYERSOHN, P. RIVERA, ROBINSON, TOWNS -- read once and referred to the Committee on Housing AN ACT to amend the local emergency housing rent control act, in relation to rent regulation laws The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 5 of section 1 of chapter 21 of the laws of 2 1962, constituting the local emergency housing rent control act, as 3 amended by chapter 82 of the laws of 2003 and the closing paragraph as 4 amended by chapter 422 of the laws of 2010, is amended to read as 5 follows: 6 5. Authority for local rent control legislation. Each city having a 7 population of one million or more, acting through its local legislative 8 body, may adopt and amend local laws or ordinances in respect of the 9 establishment or designation of a city housing rent agency. When it 10 deems such action to be desirable or necessitated by local conditions in 11 order to carry out the purposes of this section, such city, except as 12 hereinafter provided, acting through its local legislative body and not 13 otherwise, may adopt and amend local laws or ordinances in respect of 14 the regulation and control of residential rents, including but not 15 limited to provision for the establishment and adjustment of maximum 16 rents, the classification of housing accommodations, the regulation of 17 evictions, and the enforcement of such local laws or ordinances. The 18 validity of any such local laws or ordinances, and the rules or regu- 19 lations promulgated in accordance therewith, shall not be affected by 20 and need not be consistent with the state emergency housing rent control EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04999-01-1A. 2993 2 1 law or with rules and regulations of the state division of housing and 2 community renewal. 3 Notwithstanding any local law or ordinance, housing accommodations 4 which became vacant on or after July first, nineteen hundred seventy-one 5 or which hereafter become vacant shall be subject to the provisions of 6 the emergency tenant protection act of nineteen seventy-four, provided, 7 however, that this provision shall not apply or become effective with 8 respect to housing accommodations which, by local law or ordinance, are 9 made directly subject to regulation and control by a city housing rent 10 agency and such agency determines or finds that the housing accommo- 11 dations became vacant because the landlord or any person acting on his 12 behalf, with intent to cause the tenant to vacate, engaged in any course 13 of conduct (including but not limited to, interruption or discontinuance 14 of essential services) which interfered with or disturbed or was 15 intended to interfere with or disturb the comfort, repose, peace or 16 quiet of the tenant in his use or occupancy of the housing accommo- 17 dations. The removal of any housing accommodation from regulation and 18 control of rents pursuant to the vacancy exemption provided for in this 19 paragraph shall not constitute or operate as a ground for the subjection 20 to more stringent regulation and control of any housing accommodation in 21 such property or in any other property owned by the same landlord, 22 notwithstanding any prior agreement to the contrary by the landlord. The 23 vacancy exemption provided for in this paragraph shall not arise with 24 respect to any rented plot or parcel of land otherwise subject to the 25 provisions of this act, by reason of a transfer of title and possession 26 occurring on or after July first, nineteen hundred seventy-one of a 27 dwelling located on such plot or parcel and owned by the tenant where 28 such transfer of title and possession is made to a member of the 29 tenant's immediate family provided that the member of the tenant's imme- 30 diate family occupies the dwelling with the tenant prior to the transfer 31 of title and possession for a continuous period of two years. 32 The term "immediate family" shall include a husband, wife, son, daugh- 33 ter, stepson, stepdaughter, father, mother, father-in-law or mother-in- 34 law. 35 [ Notwithstanding the foregoing, no local law or ordinance shall here-36 after provide for the regulation and control of residential rents and37 eviction in respect of any housing accommodations which are (1) present-38 ly exempt from such regulation and control or (2) hereafter decontrolled39 either by operation of law or by a city housing rent agency, by order or40 otherwise. No housing accommodations presently subject to regulation and41 control pursuant to local laws or ordinances adopted or amended under42 authority of this subdivision shall hereafter be by local law or ordi-43 nance or by rule or regulation which has not been theretofore approved44 by the state commissioner of housing and community renewal subjected to45 more stringent or restrictive provisions of regulation and control than46 those presently in effect.47 Notwithstanding any other provision of law, on and after the effective48 date of this paragraph, a city having a population of one million or49 more shall not, either through its local legislative body or otherwise,50 adopt or amend local laws or ordinances with respect to the regulation51 and control of residential rents and eviction, including but not limited52 to provision for the establishment and adjustment of rents, the classi-53 fication of housing accommodations, the regulation of evictions, and the54 enforcement of such local laws or ordinances, or otherwise adopt laws or55 ordinances pursuant to the provisions of this act, the emergency tenant56 protection act of nineteen seventy-four, the New York city rent andA. 2993 3 1 rehabilitation law or the New York city rent stabilization law, except2 to the extent that such city for the purpose of reviewing the continued3 need for the existing regulation and control of residential rents or to4 remove a classification of housing accommodation from such regulation5 and control adopts or amends local laws or ordinances pursuant to subdi-6 vision three of section one of this act, section three of the emergency7 tenant protection act of nineteen seventy-four, section 26-415 of the8 New York city rent and rehabilitation law, and sections 26-502 and9 26-520 of the New York city rent stabilization law of nineteen hundred10 sixty-nine.] 11 Notwithstanding any provision of this act to the contrary, any local 12 law adopted pursuant to this act shall provide that notwithstanding any 13 provision of such local law in the case where all tenants occupying the 14 housing accommodation on the effective date of this paragraph have 15 vacated the housing accommodation and a family member of such vacating 16 tenant or tenants is entitled to and continues to occupy the housing 17 accommodation subject to the protections of such act, if such accommo- 18 dation continues to be subject to such act after such family member 19 vacates, on the occurrence of such vacancy the maximum collectable rent 20 shall be increased by a sum equal to the allowance then in effect for 21 vacancy leases for housing accommodations covered by the rent stabiliza- 22 tion law of nineteen hundred sixty-nine, including the amount allowed by 23 paragraph (5-a) of subdivision c of section 26-511 of such law. This 24 increase shall be in addition to any other increases provided for in 25 this act and shall be applicable in like manner to each second subse- 26 quent succession. 27 Notwithstanding the foregoing, no local law or ordinance shall subject 28 to such regulation and control any housing accommodation which is not 29 occupied by the tenant in possession as his or her primary residence; 30 provided, however, that such housing accommodation not occupied by the 31 tenant in possession as his or her primary residence shall continue to 32 be subject to regulation and control as provided for herein unless the 33 city housing rent agency issues an order decontrolling such accommo- 34 dation, which the agency shall do upon application by the landlord when- 35 ever it is established by any facts and circumstances which, in the 36 judgment of the agency, may have a bearing upon the question of resi- 37 dence, that the tenant maintains his or her primary residence at some 38 place other than at such housing accommodation. For the purposes of 39 determining primary residency, a tenant who is a victim of domestic 40 violence, as defined in section four hundred fifty-nine-a of the social 41 services law, who has left the unit because of such violence, and who 42 asserts an intent to return to the housing accommodation shall be deemed 43 to be occupying the unit as his or her primary residence. 44 § 2. This act shall take effect immediately; provided, however, that 45 the amendments to subdivision 5 of section 1 of chapter 21 of the laws 46 of 1962 made by section one of this act shall remain in full force and 47 effect only so long as the public emergency requiring the regulation and 48 control of residential rents and evictions continues, as provided in 49 subdivision 3 of section 1 of the local emergency housing rent control 50 act; provided further, however, that the amendment to the second undes- 51 ignated paragraph of subdivision 5 of section 1 of chapter 21 of the 52 laws of 1962 made by section one of this act shall not affect the expi- 53 ration of such paragraph and shall be deemed to expire therewith.