Bill Text: NY A00496 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to the establishment of rent adjustments in NYC and Westchester and Nassau counties; suspends operations of the maximum base rent program.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2018-01-03 - referred to housing [A00496 Detail]
Download: New_York-2017-A00496-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 496 2017-2018 Regular Sessions IN ASSEMBLY January 9, 2017 ___________ Introduced by M. of A. ROSENTHAL, GLICK, COLTON, GOTTFRIED, KAVANAGH, CYMBROWITZ -- Multi-Sponsored by -- M. of A. DenDEKKER -- 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 The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision a of section 26-405 of the administrative code 2 of the city of New York is amended by adding a new paragraph 10 to read 3 as follows: 4 (10) (a) Notwithstanding any contrary provisions of this subdivision, 5 effective January first, two thousand eighteen, maximum rents for hous- 6 ing accommodations subject to this chapter shall no longer be estab- 7 lished pursuant to paragraphs three and four of this subdivision, or 8 limited by paragraph five of this subdivision, or adjusted by subpara- 9 graph (l) or (n) of paragraph one of subdivision g of this section. 10 (b) Except as otherwise provided in this paragraph, the rent guide- 11 lines board established pursuant to section 26-510 of this title shall 12 establish annual rates of rent adjustment for the class of housing 13 accommodations subject to this chapter, in the manner provided by such 14 section. The fact that the housing accommodation is subject to this 15 chapter may not be considered as a factor in determining the rate of 16 rent adjustment. Not later than October first, two thousand seventeen, 17 and not later than October first annually thereafter, the rent guide- 18 lines board shall file with the city clerk and the division of housing 19 and community renewal its findings established in consideration of the 20 economic factors listed in subdivision b of section 26-510 of this 21 title, and shall accompany such findings with a statement of the maximum 22 rate or rates of rent adjustment, if any, for one or more classes of 23 accommodations subject to this chapter authorized for the adjustment of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04932-02-7A. 496 2 1 the maximum rent of the housing accommodation for the twelve month peri- 2 od commencing January first, two thousand seventeen and for each 3 succeeding twelve month period. 4 (c) Effective January first, two thousand eighteen, the maximum rent 5 collectible from the tenant shall be the maximum rent collectible on 6 December thirty-first, two thousand seventeen, as such rent may be 7 adjusted pursuant to subparagraph (b) of this paragraph annually, with- 8 out an order of the city rent agency, or as adjusted pursuant to any 9 other provision of this chapter, provided that a landlord shall not 10 collect any rent increase or adjustment otherwise collectible under 11 subparagraph (b) of this paragraph unless and until the first rent 12 payment date after the landlord certifies to the city rent agency that 13 all rent impairing violations, as defined by section three hundred two-a 14 of the multiple dwelling law, and at least eighty per centum of all 15 other violations of the housing maintenance code or other state or local 16 laws that impose requirements on property and which were recorded 17 against the property on July first, two thousand fourteen, or July first 18 of the year preceding the adjustment, whichever is later, have been 19 cleared, corrected or abated and the landlord has received an order of 20 eligibility from the city rent agency that the violation clearing 21 requirements set forth above have been met and further authorizing the 22 landlord to collect any rent increase or adjustment authorized pursuant 23 to subparagraph (b) of this paragraph, and the landlord has served such 24 order upon the tenant residing in the housing accommodation and that the 25 landlord has maintained all essential and required services pursuant to 26 sections 2202.16 and 2102.4 of the New York city rent and eviction regu- 27 lations. Any housing accommodation for which a rent increase pursuant 28 to paragraphs three and four of this subdivision has taken effect on or 29 after July first, two thousand seventeen shall not be subject to an 30 initial rent adjustment pursuant to this subparagraph until January 31 first, two thousand nineteen. 32 (d) Maximum rates of rent adjustment shall not be established more 33 than once annually for any housing accommodation subject to this chapter 34 within the rent guidelines board's jurisdiction. Once established, no 35 such rate shall be adjusted by any surcharge, supplementary adjustment, 36 reopener or other modification. 37 (e) Nothing contained in this paragraph shall alter, restrict or 38 impair an owner's right to establish the initial regulated rent for 39 accommodations subject to this chapter which become vacant. 40 § 2. Section 4 of chapter 274 of the laws of 1946, constituting the 41 emergency housing rent control law, is amended by adding a new subdivi- 42 sion 9 to read as follows: 43 9. Notwithstanding any contrary provisions of this law, effective 44 January first, two thousand eighteen, except as otherwise provided in 45 this subdivision, the rent for housing accommodations subject to this 46 chapter located in the counties of Westchester and Nassau shall be 47 adjusted as follows: 48 (a) The county rent boards established pursuant to section 4 of the 49 emergency tenant protection act of nineteen seventy-four, shall estab- 50 lish annual rent adjustments for the class of housing accommodations 51 subject to this chapter located in the counties of Westchester and 52 Nassau, in the manner provided by such section. The fact that the hous- 53 ing accommodation is subject to this law may not be considered as a 54 factor in determining the rate of rent adjustment. Not later than Octo- 55 ber first, two thousand seventeen, and not later than October first 56 annually thereafter, the county rent boards shall file with the commis-A. 496 3 1 sion their findings established in consideration of the economic factors 2 listed in subdivision b of section 4 of the emergency tenant protection 3 act of nineteen seventy-four, and shall accompany such findings with a 4 statement of the maximum rate or rates of rent adjustment, if any, for 5 one or more classes of accommodations subject to this law within such 6 counties authorized for the adjustment of the maximum rent of the hous- 7 ing accommodation for the twelve month period commencing January first, 8 two thousand eighteen, and for each succeeding twelve month period. 9 (b) Effective January first, two thousand eighteen, the maximum rent 10 collectible from the tenant shall be the maximum rent collectible on 11 December thirty-first, two thousand seventeen, as such rent may be 12 adjusted pursuant to paragraph (a) of this subdivision annually, without 13 an order of the commission, or as adjusted pursuant to any other 14 provision of this law. However, no such increase pursuant to paragraph 15 (a) of this subdivision shall be authorized until the expiration of 16 twelve months from the effective date of any rent adjustment authorized 17 pursuant to regulations adopted for rent adjustments to compensate for 18 unavoidable increased costs of operations as provided for under this 19 law. 20 (c) Maximum rates of rent adjustment shall not be established more 21 than once annually for any housing accommodation subject to this law 22 within a board's jurisdiction. Once established, no such rate shall be 23 adjusted by any surcharge, supplementary adjustment, reopener or other 24 modification. 25 (d) Nothing contained in this paragraph shall alter, restrict or 26 impair an owner's right to establish the initial regulated rent for 27 accommodations subject to this law which become vacant. 28 § 3. This act shall take effect immediately; provided that the amend- 29 ments to section 26-405 of the city rent and rehabilitation law made by 30 section one of this act shall remain in full force and effect only as 31 long as the public emergency requiring the regulation and control of 32 residential rents and evictions continues, as provided in subdivision 3 33 of section 1 of the local emergency housing rent control act; and 34 provided that the amendments to section 4 of the emergency housing rent 35 control law made by section two of this act shall expire on the same 36 date as such law expires and shall not affect the expiration of such law 37 as provided in subdivision 2 of section 1 of chapter 274 of the laws of 38 1946.
