|SAME AS||No same as|
|COSPNSR||ADAMS, ADDABBO, AVELLA, DIAZ, DILAN, HASSELL-THOMPSON, HUNTLEY, KLEIN, KRUEGER, PARKER, PERALTA, PERKINS, SAVINO, SERRANO, SQUADRON, STAVISKY|
|Amd S5, Emerg Ten Prot Act of 1974|
|Relates to limited profit housing companies.|
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STATE OF NEW YORK ________________________________________________________________________ 1010 2011-2012 Regular Sessions IN SENATE (Prefiled) January 5, 2011 ___________ Introduced by Sens. STEWART-COUSINS, ADAMS, ADDABBO, DIAZ, DILAN, HASSELL-THOMPSON, HUNTLEY, KLEIN, KRUEGER, PARKER, PERALTA, PERKINS, SAVINO, SERRANO, SQUADRON, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development AN ACT to amend the emergency tenant protection act of nineteen seven- ty-four, in relation to limited-profit housing companies and other buildings or structures which received project-based rental assistance 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 extending to certain cities, towns and villages the authority to 7 provide for the regulation of rents and evictions with regard to housing 8 accommodations that cease or have ceased to be regulated pursuant to 9 article 2 of the private housing finance law, known as the Mitchell-Lama 10 law, or pursuant to project-based section eight contracts entered into 11 with the federal government. 12 The legislature further recognizes that severe disruption of the 13 rental housing market has occurred and threatens to be exacerbated as a 14 result of the abrupt termination of rent and eviction regulation when 15 buildings exit the Mitchell-Lama program or when buildings cease to be 16 subject to project-based section eight contracts. The situation had 17 permitted speculative and profiteering practices and has brought about 18 the loss of vital and irreplaceable affordable housing for working 19 persons and families. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04041-01-1S. 1010 2 1 The legislature therefore declares that in order to prevent uncertain- 2 ty, potential hardship and dislocation of tenants living in housing 3 accommodations subject to government regulations as to rentals and 4 continued occupancy as well as those not subject to such regulations, 5 the provisions of this act are necessary to protect the public health, 6 safety and general welfare. The necessity in the public interest for the 7 provisions hereinafter enacted is hereby declared as a matter of legis- 8 lative determination. 9 § 2. Section 5 of section 4 of chapter 576 of the laws of 1974 consti- 10 tuting the emergency tenant protection act of nineteen seventy-four is 11 amended by adding a new subdivision c to read as follows: 12 c. Notwithstanding any other provision of this section, nothing shall 13 prevent the declaration of an emergency pursuant to section three of 14 this act for rental housing accommodations located in buildings or 15 structures completed or substantially renovated as family units on or 16 after January first, nineteen hundred seventy-four: (i) which have or 17 had been owned, leased or operated by a company established or operating 18 under article two of the private housing finance law, other than a mutu- 19 al company, and which are no longer owned, leased or operated by such 20 company by reason of a voluntary dissolution pursuant to section thir- 21 ty-five of such law or (ii) which were defined as covered projects 22 pursuant to section 8 of the United States housing act of nineteen thir- 23 ty-seven, as amended, or any successor statute, and any regulations 24 promulgated thereunder in which rental housing accommodations received 25 project-based rental assistance from the United States department of 26 housing and urban development pursuant to contracts with the owners of 27 such buildings or structures which expired or were terminated. The 28 initial legal regulated rent for housing accommodations located in 29 buildings or structures that have or had been owned, leased or operated 30 by housing companies or that were covered projects previously regulated 31 under the private housing finance law or under federal law, shall be the 32 rent charged to and paid by the tenant in occupancy on January first, 33 two thousand seven or, for accommodations vacant on such date, the most 34 recent rent charged to and paid by a tenant prior to such date, includ- 35 ing any income-related surcharges, as adjusted by all applicable guide- 36 lines increases and other increases authorized by law, notwithstanding 37 any written lease or agreement between the tenant and the landlord 38 establishing or agreeing to any increases in rent on or after January 39 first, two thousand seven, provided no landlord shall be required to 40 refund any rent paid by a tenant in excess of such adjusted rent. 41 § 3. The provisions of subdivision a of section 9 of the emergency 42 tenant protection act of nineteen seventy-four or of subdivision a of 43 section 26-513 of the administrative code of the city of New York shall 44 not apply to any housing accommodation which became subject to the emer- 45 gency tenant protection act of nineteen seventy-four pursuant to the 46 provisions of subdivision c of section 5 of section 4 of chapter 576 of 47 the laws of 1974, as added by section two of this act, or to any such 48 housing accommodation otherwise subject to the emergency tenant 49 protection act of nineteen seventy-four by reason of its location in a 50 building completed or substantially renovated as family units prior to 51 January first, nineteen hundred seventy-four. 52 § 4. This act shall take effect immediately and shall apply to housing 53 accommodations located in buildings or structures owned by housing 54 companies that dissolved on, before or after such date and to housing 55 accommodations in buildings or structures that were covered projects and 56 had contracts for rental assistance that expired or were terminated on,S. 1010 3 1 before or after such date; provided that the amendments to section 5 of 2 the emergency tenant protection act of nineteen seventy-four made by 3 section two of this act shall expire on the same date as such act 4 expires and shall not affect the expiration of such act as provided in 5 section 17 of chapter 576 of the laws of 1974.