Bill Text: NY A00167 | 2019-2020 | General Assembly | Introduced

New York Assembly Bill 167 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Relates to the establishment of rent adjustments and prohibition of fuel pass-along charges.

Spectrum: Partisan Bill (Democrat 54-0)

Status: (Introduced - Dead) 2020-01-08 - referred to housing [A00167 Detail]

Download: New_York-2019-A00167-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                           167
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  M. of A. L. ROSENTHAL, ORTIZ, MOSLEY, GOTTFRIED, DAVILA,
          PICHARDO, BICHOTTE, COLTON, JOYNER, WALKER,  DINOWITZ,  BLAKE,  GLICK,
          DE LA ROSA,  BARRON  --  Multi-Sponsored  by  --  M.  of A. DenDEKKER,
          EPSTEIN, HYNDMAN, SIMON -- read once and referred to the Committee  on
          Housing
        AN  ACT to amend the administrative code of the city of New York and the
          emergency housing rent control law, in relation to  the  establishment
          of  rent adjustments; and repealing certain provisions of the adminis-
          trative code of the city of New York 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  of  subdivision  a of section 26-405 of the
     2  administrative code of the city of  New  York  is  amended  to  read  as
     3  follows:
     4    (5)  Where  a  maximum rent established pursuant to this chapter on or
     5  after January first, nineteen hundred seventy-two, is  higher  than  the
     6  previously  existing  maximum  rent,  the  landlord  may  not collect an
     7  increase from a tenant in occupancy in any one year period of more  than
     8  the  lesser  of  either  seven  and  one-half percentum [increase from a
     9  tenant in occupancy on such date in any one year period, provided howev-
    10  er, that where] or an average of the previous  five  years  of  one-year
    11  rent  increases on rent stabilized apartments as established by the rent
    12  guidelines board, pursuant to subdivision b of section  26-510  of  this
    13  title. If the period for which the rent is established exceeds one year,
    14  regardless  of  how the collection thereof is averaged over such period,
    15  the rent the landlord shall be entitled  to  receive  during  the  first
    16  twelve  months  shall not be increased by more than the lesser of either
    17  seven and one-half percentum or an average of the previous five years of
    18  one-year rent increases on rent stabilized apartments as established  by
    19  the  rent  guidelines board, pursuant to subdivision b of section 26-510
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00516-01-9

        A. 167                              2
     1  of this title, over the previous rent [and]. Any additional annual rents
     2  shall not exceed the lesser of either seven and one-half percentum or an
     3  average of the previous five years of one-year rent  increases  on  rent
     4  stabilized  apartments  as  established  by  the  rent guidelines board,
     5  pursuant to subdivision b of section 26-510 of this title, of  the  rent
     6  paid  during  the  previous  year.  Notwithstanding any of the foregoing
     7  limitations in this paragraph five, maximum rent shall be  increased  if
     8  ordered by the agency pursuant to subparagraphs (d), (e), (f), (g), (h),
     9  (i),  (k),  [(l),]  or (m) [or (n)] of paragraph one of subdivision g of
    10  this section. [Commencing January first, nineteen hundred  eighty,  rent
    11  adjustments pursuant to subparagraph (n) of paragraph one of subdivision
    12  g of this section shall be excluded from the maximum rent when computing
    13  the  seven  and one-half percentum increase authorized by this paragraph
    14  five.] Where a housing accommodation is vacant on January  first,  nine-
    15  teen  hundred  seventy-two,  or  becomes  vacant thereafter by voluntary
    16  surrender of possession by the tenants, the maximum rent established for
    17  such accommodations may be collected.
    18    § 2. Subparagraphs (l) and (n) of paragraph  1  of  subdivision  g  of
    19  section  26-405  of  the administrative code of the city of New York are
    20  REPEALED.
    21    § 3. Section 4 of chapter 274 of the laws of  1946,  constituting  the
    22  emergency  housing rent control law, is amended by adding a new subdivi-
    23  sion 9 to read as follows:
    24    9. No annual rent increase  authorized  pursuant  to  this  act  shall
    25  exceed  the average of the previous five annual rental increases author-
    26  ized by a rent guidelines board for a rent stabilized unit  pursuant  to
    27  section  4  of  the emergency tenant protection act of nineteen seventy-
    28  four.
    29    § 4. This act shall take effect on the one hundred eightieth day after
    30  it shall have become a law; provided  that  the  amendments  to  section
    31  26-405  of  the  city rent and rehabilitation law made by section one of
    32  this act shall remain in full force and  effect  only  as  long  as  the
    33  public  emergency  requiring  the  regulation and control of residential
    34  rents and evictions continues, as provided in subdivision 3 of section 1
    35  of the local emergency housing rent control act; and provided  that  the
    36  amendments  to  section 4 of the emergency housing rent control law made
    37  by section three of this act shall expire on the same date as  such  law
    38  expires  and  shall not affect the expiration of such law as provided in
    39  subdivision 2 of section 1 of chapter 274 of the laws of 1946.