Bill Text: NY A01268 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to statutes of limitations based on notices of deregulation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-01-14 - referred to housing [A01268 Detail]

Download: New_York-2019-A01268-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1268
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 14, 2019
                                       ___________
        Introduced  by  M. of A. NIOU -- 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  tenant protection act of nineteen seventy-four, in relation
          to the statute of limitations on notices of deregulation
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1.  Section 26-504.2 of the administrative code of the city of
     2  New York is amended by adding a new subdivision c to read as follows:
     3    c.  Notwithstanding  section  26-516  of  this chapter and section two
     4  hundred thirteen-a of the civil practice  law  and  rules,  the  periods
     5  provided for therein for examination of the rental history of the accom-
     6  modation for the determination of an overcharge and whether the accommo-
     7  dation  is  subject  to this law are extended by the period during which
     8  the owner is not in compliance with the requirements of subdivision b of
     9  this section.
    10    § 2. Paragraph 13 of subdivision a of section 5 of section 4 of  chap-
    11  ter  576  of  the  laws  of  1974,  constituting  the  emergency  tenant
    12  protection act of nineteen seventy-four, as amended by section 8 of part
    13  A of chapter 20 of the laws of 2015, is amended to read as follows:
    14    (13) (i) any housing accommodation with a legal regulated rent of  two
    15  thousand  dollars  or  more  per month at any time between the effective
    16  date of this paragraph and October first, nineteen hundred  ninety-three
    17  which  is or becomes vacant on or after the effective date of this para-
    18  graph; or, for any housing accommodation with a legal regulated rent  of
    19  two  thousand  dollars  or  more  per  month at any time on or after the
    20  effective date of the rent regulation reform act of 1997 and before  the
    21  effective date of the rent act of 2011, which is or becomes vacant on or
    22  after  the  effective date of the rent regulation reform act of 1997 and
    23  before the effective date of the rent act of 2011. This exclusion  shall
    24  apply  regardless  of whether the next tenant in occupancy or any subse-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02244-01-9

        A. 1268                             2
     1  quent tenant in occupancy is charged or  pays  less  than  two  thousand
     2  dollars  a  month;  or, for any housing accommodation with a legal regu-
     3  lated rent of two thousand five hundred dollars or more per month at any
     4  time on or after the effective date of the rent act of 2011, which is or
     5  becomes  vacant on or after such effective date, but prior to the effec-
     6  tive date of the rent act of 2015; or, any housing accommodation with  a
     7  legal regulated rent that was two thousand seven hundred dollars or more
     8  per  month at any time on or after the effective date of the rent act of
     9  2015, which becomes vacant after the effective date of the rent  act  of
    10  2015,  provided, however, that starting on January 1, 2016, and annually
    11  thereafter, the maximum  legal  regulated  rent  for  this  deregulation
    12  threshold,  shall  also  be increased by the same percentage as the most
    13  recent one year renewal  adjustment,  adopted  by  the  applicable  rent
    14  guidelines  board.  An  exclusion pursuant to this paragraph shall apply
    15  regardless of whether the next tenant in  occupancy  or  any  subsequent
    16  tenant  in  occupancy actually is charged or pays less than two thousand
    17  seven hundred dollars a month.   Provided  however,  that  an  exclusion
    18  pursuant  to  this  paragraph  shall not apply to housing accommodations
    19  which became or become subject to this act (a) by  virtue  of  receiving
    20  tax  benefits  pursuant  to section [four hundred twenty-one-a] 421-a or
    21  [four hundred eighty-nine] 489 of the real property tax law,  except  as
    22  otherwise  provided  in subparagraph (i) of paragraph (f) of subdivision
    23  [two] 2 of section [four hundred twenty-one-a] 421-a of the real proper-
    24  ty tax law, or (b) by virtue of article [seven-C] 7-C  of  the  multiple
    25  dwelling  law.  This  paragraph  shall  not apply, however, to or become
    26  effective with respect to housing accommodations which the  commissioner
    27  determines or finds that the landlord or any person acting on his or her
    28  behalf,  with  intent  to cause the tenant to vacate, has engaged in any
    29  course of conduct  (including,  but  not  limited  to,  interruption  or
    30  discontinuance  of required services) which interfered with or disturbed
    31  or was intended to interfere with or disturb the comfort, repose,  peace
    32  or  quiet  of  the  tenant in his or her use or occupancy of the housing
    33  accommodations and in connection with such course of conduct, any  other
    34  general enforcement provision of this act shall also apply.
    35    (ii)  the  owner  of  any housing accommodation that is not subject to
    36  this act pursuant to the provisions of subparagraph (i)  of  this  para-
    37  graph  or  paragraph  (n) of subdivision 2 of section 2 of the emergency
    38  housing rent control law shall give written  notice  certified  by  such
    39  owner to the first tenant of that housing accommodation after such hous-
    40  ing  accommodation becomes exempt from the provisions of this act or the
    41  emergency housing rent control law. Such notice shall contain:  the last
    42  regulated rent; the  reason  that  such  housing  accommodation  is  not
    43  subject  to this act or the emergency housing rent control law; a calcu-
    44  lation of how either the rental amount charged when there is no lease or
    45  the rental amount provided for in the lease has been derived  so  as  to
    46  reach  two thousand dollars or more per month; a statement that the last
    47  legal regulated rent or the maximum rent may be verified by  the  tenant
    48  by  contacting  the  state division of housing and community renewal, or
    49  any successor thereto; and the address  and  telephone  number  of  such
    50  agency, or any successor thereto. Such notice shall be sent by certified
    51  mail within thirty days after the tenancy commences or after the signing
    52  of  the lease by both parties, whichever occurs first or shall be deliv-
    53  ered to the tenant at the signing of the lease. In addition,  the  owner
    54  shall  send  and certify to the tenant a copy of the registration state-
    55  ment for such housing accommodation filed with  the  state  division  of
    56  housing and community renewal indicating that such housing accommodation

        A. 1268                             3
     1  became  exempt  from the provisions of this act or the emergency housing
     2  rent control law, which form shall include the last regulated rent,  and
     3  shall  be  sent  to  the  tenant  within  thirty  days after the tenancy
     4  commences or the filing of such registration, whichever occurs later.
     5    (iii)  notwithstanding section twelve of this act and section 213-a of
     6  the civil practice law and rules to the contrary, the  periods  provided
     7  for  therein  for examination of the rental history of the accommodation
     8  for the determination of an overcharge and whether the accommodation  is
     9  subject to this law are extended by the period during which the owner is
    10  not  in  compliance with requirements of subparagraph (ii) of this para-
    11  graph.
    12    § 3. This act shall take effect immediately provided that:
    13    (a) the amendment to section 26-504.2 of the rent stabilization law of
    14  nineteen hundred sixty-nine made by section one of this act shall expire
    15  on the same date as such law expires and shall not affect the expiration
    16  of such law as provided under section 26-520 of such law;
    17    (b) the amendments to section 5 of section 4 of the  emergency  tenant
    18  protection  act of nineteen seventy-four made by section two of this act
    19  shall expire on the same date as such act expires and shall  not  affect
    20  the  expiration  of such act as provided in section 17 of chapter 576 of
    21  the laws of 1974, as amended; and
    22    (c) the provisions of this act shall apply to  housing  accommodations
    23  which became vacant on or after the effective date of this act.
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