Bill Text: NY A01509 | 2019-2020 | General Assembly | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced) 2019-01-15 - referred to housing [A01509 Detail]

Download: New_York-2019-A01509-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1509
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 15, 2019
                                       ___________
        Introduced by M. of A. BICHOTTE, CARROLL, HYNDMAN, L. ROSENTHAL, CRESPO,
          JOYNER,  GOTTFRIED, PICHARDO, ABINANTI, MOSLEY, SEAWRIGHT -- 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.   Such housing  accommo-
    16  dation  shall  be  excluded  from the provisions of this act pursuant to
    17  paragraph thirteen of subdivision a of section five  of  this  act  when
    18  subsequent  to  vacancy:  (i)  such legal regulated rent is two thousand
    19  five hundred dollars per month, or more, for any  housing  accommodation
    20  that  is, or becomes, vacant after the effective date of the rent act of
    21  2011 but prior to the effective date of the rent act  of  2015  or  (ii)
    22  such  legal  regulated  rent  is  two thousand seven hundred dollars per
    23  month or more for any housing accommodation that is or becomes vacant on
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00186-01-9

        A. 1509                             2
     1  or after the rent act of 2015; starting on January 1, 2016, and annually
     2  thereafter, the maximum  legal  regulated  rent  for  this  deregulation
     3  threshold,  shall  also  be  increased  by  the same percent as the most
     4  recent  one  year  renewal  adjustment,  adopted  by the applicable rent
     5  guidelines board pursuant to the rent stabilization law.
     6    § 2. Paragraph 14 of subdivision c of section 26-511 of  the  adminis-
     7  trative code of the city of New York, as amended by section 12 of part A
     8  of chapter 20 of the laws of 2015, is amended to read as follows:
     9    (14) provides that where the amount of rent charged to and paid by the
    10  tenant  is  less  than the legal regulated rent for the housing accommo-
    11  dation, the amount of rent for such housing accommodation which  may  be
    12  charged  [upon  renewal  or] upon vacancy thereof, may, at the option of
    13  the owner, be based upon such  previously  established  legal  regulated
    14  rent, as adjusted by the most recent applicable guidelines increases and
    15  any  other  increases  authorized  by  law; provided, however, that such
    16  vacancy shall not be caused by the failure of the owner or an  agent  of
    17  the  owner, to maintain the housing accommodation in compliance with the
    18  warranty of habitability set forth in subdivision  one  of  section  two
    19  hundred  thirty-five-b  of the real property law.  Such housing accommo-
    20  dation shall be excluded from the provisions of this  code  pursuant  to
    21  section  26-504.2  of this chapter when, subsequent to vacancy: (i) such
    22  legal regulated rent prior to  vacancy  is  two  thousand  five  hundred
    23  dollars  per  month,  or  more, for any housing accommodation that is or
    24  becomes vacant after the effective date of the  rent  act  of  2011  but
    25  prior  to  the effective date of the rent act of 2015 or (ii) such legal
    26  regulated rent is two thousand seven hundred dollars per month or  more,
    27  provided,  however that on January 1, 2016, and annually thereafter, the
    28  maximum legal regulated rent for this deregulation  threshold  shall  be
    29  adjusted  by  the  same  percentage  as the most recent one year renewal
    30  adjustment as adjusted by the relevant rent guidelines  board,  for  any
    31  housing accommodation that is or becomes vacant on or after the rent act
    32  of 2015.
    33    §  3.  This act shall take effect immediately; provided, however, that
    34  the amendments to section 10 of the emergency tenant protection  act  of
    35  nineteen  seventy-four  made  by section one of this act shall expire on
    36  the same date as such act expires and shall not affect the expiration of
    37  such act as provided in section 17 of chapter 576 of the laws  of  1974,
    38  as amended; and provided, further, that the amendments to section 26-511
    39  of  chapter  4 of title 26 of the administrative code of the city of New
    40  York made by section two of this act shall expire on the  same  date  as
    41  such  law  expires  and  shall  not affect the expiration of such law as
    42  provided under section 26-520 of such law.
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