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A06285 Summary:

BILL NOA06285
 
SAME ASSAME AS S06527
 
SPONSORCymbrowitz
 
COSPNSRDe La Rosa, Walker, Rosenthal L, Barron, Dinowitz, Ortiz, Carroll, Sepulveda, Simon, Rozic, Seawright, Epstein, Joyner, Espinal
 
MLTSPNSR
 
Amd 10, Emerg Ten Prot Act of 1974; amd 26-511, NYC Ad Cd
 
Prohibits an owner from adjusting the amount of preferential rent, rent charged and paid by the tenant which is less than the legal regulated rent for the housing accommodation, upon the renewal of a lease; only allows the owner to make such adjustments upon a vacancy which is not the result of the failure of the owner to maintain a habitable residence.
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A06285 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6285
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 1, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  CYMBROWITZ  -- read once and referred to the
          Committee on Housing
 
        AN ACT to amend the emergency tenant protection act of  nineteen  seven-
          ty-four  and  the  administrative  code  of  the  city of New York, in
          relation to the regulation of rents

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision (a-2) of section 10 of section 4 of chapter 576
     2  of the laws of 1974, constituting the emergency tenant protection act of
     3  nineteen  seventy-four, as amended by section 11 of part A of chapter 20
     4  of the laws of 2015, is amended to read as follows:
     5    (a-2) Provides that where the amount of rent charged to  and  paid  by
     6  the  tenant is less than the legal regulated rent for the housing accom-
     7  modation, the amount of rent for such housing accommodation which may be
     8  charged [upon renewal or] upon vacancy thereof, may, at  the  option  of
     9  the  owner,  be  based  upon such previously established legal regulated
    10  rent, as adjusted by the most recent applicable guidelines increases and
    11  other increases authorized by law; provided, however, that such  vacancy
    12  shall  not  be  caused  by  the  failure of the owner or an agent of the
    13  owner, to maintain the housing  accommodation  in  compliance  with  the
    14  warranty  of  habitability  set  forth in subdivision one of section two
    15  hundred thirty-five-b of the real property  law;  and  further  provided
    16  that  such  increase  to the previously established legal regulated rent
    17  shall not exceed: five percent of the previous legal regulated  rent  if
    18  the last vacancy lease commenced less than two years ago; ten percent of
    19  the  previous  legal  regulated rent if the last vacancy lease commenced
    20  less than three years ago; fifteen percent of the previous  legal  regu-
    21  lated rent if the last vacancy lease commenced less than four years ago;
    22  and  twenty  percent  of  the  previous legal regulated rent if the last
    23  vacancy lease commenced four or more years ago.  Such  housing  accommo-
    24  dation  shall  be  excluded  from the provisions of this act pursuant to
    25  paragraph thirteen of subdivision a of section five  of  this  act  when
    26  subsequent  to  vacancy:  (i)  such legal regulated rent is two thousand
    27  five hundred dollars per month, or more, for any  housing  accommodation
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06860-03-7

        A. 6285                             2

     1  that  is, or becomes, vacant after the effective date of the rent act of
     2  2011 but prior to the effective date of the rent act  of  2015  or  (ii)
     3  such  legal  regulated  rent  is  two thousand seven hundred dollars per
     4  month or more for any housing accommodation that is or becomes vacant on
     5  or after the rent act of 2015; starting on January 1, 2016, and annually
     6  thereafter,  the  maximum  legal  regulated  rent  for this deregulation
     7  threshold, shall also be increased by  the  same  percent  as  the  most
     8  recent  one  year  renewal  adjustment,  adopted  by the applicable rent
     9  guidelines board pursuant to the rent stabilization law.
    10    § 2. Paragraph 14 of subdivision c of section 26-511 of  the  adminis-
    11  trative code of the city of New York, as amended by section 12 of part A
    12  of chapter 20 of the laws of 2015, is amended to read as follows:
    13    (14) provides that where the amount of rent charged to and paid by the
    14  tenant  is  less  than the legal regulated rent for the housing accommo-
    15  dation, the amount of rent for such housing accommodation which  may  be
    16  charged  [upon  renewal  or] upon vacancy thereof, may, at the option of
    17  the owner, be based upon such  previously  established  legal  regulated
    18  rent, as adjusted by the most recent applicable guidelines increases and
    19  any  other  increases  authorized  by  law; provided, however, that such
    20  vacancy shall not be caused by the failure of the owner or an  agent  of
    21  the  owner, to maintain the housing accommodation in compliance with the
    22  warranty of habitability set forth in subdivision  one  of  section  two
    23  hundred  thirty-five-b  of  the  real property law; and further provided
    24  that such increase to the previously established  legal  regulated  rent
    25  shall  not  exceed: five percent of the previous legal regulated rent if
    26  the last vacancy lease commenced less than two years ago; ten percent of
    27  the previous legal regulated rent if the last  vacancy  lease  commenced
    28  less  than  three years ago; fifteen percent of the previous legal regu-
    29  lated rent if the last vacancy lease commenced less than four years ago;
    30  and twenty percent of the previous legal  regulated  rent  if  the  last
    31  vacancy  lease  commenced  four or more years ago. Such housing accommo-
    32  dation shall be excluded from the provisions of this  code  pursuant  to
    33  section  26-504.2  of this chapter when, subsequent to vacancy: (i) such
    34  legal regulated rent prior to  vacancy  is  two  thousand  five  hundred
    35  dollars  per  month,  or  more, for any housing accommodation that is or
    36  becomes vacant after the effective date of the  rent  act  of  2011  but
    37  prior  to  the effective date of the rent act of 2015 or (ii) such legal
    38  regulated rent is two thousand seven hundred dollars per month or  more,
    39  provided,  however that on January 1, 2016, and annually thereafter, the
    40  maximum legal regulated rent for this deregulation  threshold  shall  be
    41  adjusted  by  the  same  percentage  as the most recent one year renewal
    42  adjustment as adjusted by the relevant rent guidelines  board,  for  any
    43  housing accommodation that is or becomes vacant on or after the rent act
    44  of 2015.
    45    §  3.  This act shall take effect immediately; provided, however, that
    46  the amendments to section 10 of the emergency tenant protection  act  of
    47  nineteen  seventy-four  made  by section one of this act shall expire on
    48  the same date as such act expires and shall not affect the expiration of
    49  such act as provided in section 17 of chapter 576 of the laws  of  1974;
    50  and provided, further, that the amendments to section 26-511 of the rent
    51  stabilization  law of nineteen hundred sixty-nine made by section two of
    52  this act shall expire on the same date as such law expires and shall not
    53  affect the expiration of such law as provided under  section  26-520  of
    54  such law.
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