Bill Text: NY A00268 | 2017-2018 | General Assembly | Introduced

New York Assembly Bill 268 (Prior Session Legislation)

Introduced

Bill Title: Relates to the establishment of rent adjustments.

Spectrum: Partisan Bill (Democrat 21-0)

Status: (Engrossed - Dead) 2018-05-15 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [A00268 Detail]

Download: New_York-2017-A00268-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                           268
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     January 5, 2017
                                       ___________
        Introduced  by  M.  of  A.  ROSENTHAL, ORTIZ, MOSLEY, GOTTFRIED, DAVILA,
          PICHARDO, BICHOTTE, COLTON, JOYNER, WALKER -- Multi-Sponsored by -- M.
          of A.  FARRELL -- 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
    20  of this title, over the previous rent [and]. Any additional annual rents
    21  shall not exceed the lesser of either seven and one-half percentum or an
    22  average  of  the  previous five years of one-year rent increases on rent
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01712-01-7

        A. 268                              2
     1  stabilized apartments as  established  by  the  rent  guidelines  board,
     2  pursuant  to  subdivision b of section 26-510 of this title, of the rent
     3  paid during the previous year.  Notwithstanding  any  of  the  foregoing
     4  limitations  in  this paragraph five, maximum rent shall be increased if
     5  ordered by the agency pursuant to subparagraphs (d), (e), (f), (g), (h),
     6  (i), (k), [(l),] or (m) [or (n)] of paragraph one of  subdivision  g  of
     7  this  section.  [Commencing January first, nineteen hundred eighty, rent
     8  adjustments pursuant to subparagraph (n) of paragraph one of subdivision
     9  g of this section shall be excluded from the maximum rent when computing
    10  the seven and one-half percentum increase authorized by  this  paragraph
    11  five.]  Where  a housing accommodation is vacant on January first, nine-
    12  teen hundred seventy-two, or  becomes  vacant  thereafter  by  voluntary
    13  surrender of possession by the tenants, the maximum rent established for
    14  such accommodations may be collected.
    15    §  2.  Subparagraphs  (l)  and  (n) of paragraph 1 of subdivision g of
    16  section 26-405 of the administrative code of the city of  New  York  are
    17  REPEALED.
    18    §  3.  Section  4 of chapter 274 of the laws of 1946, constituting the
    19  emergency housing rent control law, is amended by adding a new  subdivi-
    20  sion 9 to read as follows:
    21    9.  No  annual  rent  increase  authorized  pursuant to this act shall
    22  exceed the average of the previous five annual rental increases  author-
    23  ized  by  a rent guidelines board for a rent stabilized unit pursuant to
    24  section 4 of the emergency tenant protection act  of  nineteen  seventy-
    25  four.
    26    § 4. This act shall take effect on the one hundred eightieth day after
    27  it  shall  have  become  a  law; provided that the amendments to section
    28  26-405 of the city rent and rehabilitation law made by  section  one  of
    29  this  act  shall  remain  in  full  force and effect only as long as the
    30  public emergency requiring the regulation  and  control  of  residential
    31  rents and evictions continues, as provided in subdivision 3 of section 1
    32  of  the  local emergency housing rent control act; and provided that the
    33  amendments to section 4 of the emergency housing rent control  law  made
    34  by  section  three of this act shall expire on the same date as such law
    35  expires and shall not affect the expiration of such law as  provided  in
    36  subdivision 2 of section 1 of chapter 274 of the laws of 1946.