Bill Text: NY A02593 | 2011-2012 | General Assembly | Amended

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

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Bill Title: Limits the amount of rent increase after the vacancy of a housing accommodation.

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Engrossed - Dead) 2012-06-13 - REFERRED TO RULES [A02593 Detail]

Download: New_York-2011-A02593-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2593--A
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 19, 2011
                                      ___________
       Introduced by M. of A. V. LOPEZ, GOTTFRIED, ROSENTHAL, KAVANAGH, WRIGHT,
         O'DONNELL,  ORTIZ  --  Multi-Sponsored  by  --  M. of A. BROOK-KRASNY,
         FARRELL, GLICK, HOOPER, JACOBS,  JEFFRIES,  PERRY  --  read  once  and
         referred  to  the Committee on Housing -- recommitted to the Committee
         on Housing in accordance with Assembly Rule 3,  sec.  2  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       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 limiting rent increase after vacancy of a housing accommodation
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph 5-a of subdivision c of  section  26-511  of  the
    2  administrative  code of the city of New York, as amended by section 7 of
    3  part B of chapter 97 of the laws of 2011, is amended to read as follows:
    4    (5-a) provides that, notwithstanding any provision  of  this  chapter,
    5  the  legal  regulated  rent for any vacancy lease entered into after the
    6  effective date of this paragraph shall be  as  hereinafter  provided  in
    7  this  paragraph.  The  previous  legal  regulated  rent for such housing
    8  accommodation shall be increased by the following: (i)  if  the  vacancy
    9  lease  is  for a term of two years, [twenty] TEN percent of the previous
   10  legal regulated rent; or (ii) if the vacancy lease is for a term of  one
   11  year  the  increase  shall be [twenty] TEN percent of the previous legal
   12  regulated rent less an amount equal to the difference  between  (a)  the
   13  two  year renewal lease guideline promulgated by the guidelines board of
   14  the city of New York applied to the previous legal  regulated  rent  and
   15  (b)  the  one year renewal lease guideline promulgated by the guidelines
   16  board of the city of New York applied to the  previous  legal  regulated
   17  rent.  In  addition,  if the legal regulated rent was not increased with
   18  respect to such housing accommodation by a permanent  vacancy  allowance
   19  within  eight  years  prior  to a vacancy lease executed on or after the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00241-02-2
       A. 2593--A                          2
    1  effective date of this  paragraph,  the  legal  regulated  rent  may  be
    2  further  increased  by  an  amount  equal  to the product resulting from
    3  multiplying such previous legal regulated  rent  by  six-tenths  of  one
    4  percent  and  further  multiplying the amount of rent increase resulting
    5  therefrom by the greater of (A) the number of years since the imposition
    6  of the last permanent vacancy allowance, or (B)  if  the  rent  was  not
    7  increased  by  a  permanent vacancy allowance since the housing accommo-
    8  dation became subject to this chapter, the number  of  years  that  such
    9  housing accommodation has been subject to this chapter. Provided that if
   10  the  previous  legal  regulated rent was less than three hundred dollars
   11  the total increase shall be as calculated above plus one hundred dollars
   12  per month. Provided, further, that if the previous legal regulated  rent
   13  was at least three hundred dollars and no more than five hundred dollars
   14  in  no event shall the total increase pursuant to this paragraph be less
   15  than one hundred dollars per month. Such increase shall be  in  lieu  of
   16  any allowance authorized for the one or two year renewal component ther-
   17  eof, but shall be in addition to any other increases authorized pursuant
   18  to  this  chapter  including  an  adjustment  based upon a major capital
   19  improvement, or a substantial modification or increase of dwelling space
   20  or services, or installation of new equipment  or  improvements  or  new
   21  furniture  or  furnishings  provided  in or to the housing accommodation
   22  pursuant to this section. The increase authorized in this paragraph  may
   23  not  be  implemented  more  than one time in any calendar year, notwith-
   24  standing the number of vacancy leases entered into in such year.
   25    S 2. Subdivision (a-1) of section 10 of section 4 of  chapter  576  of
   26  the  laws  of  1974, constituting the emergency tenant protection act of
   27  nineteen seventy-four, as amended by section 8 of part B of  chapter  97
   28  of the laws of 2011, is amended to read as follows:
   29    (a-1)  provides  that,  notwithstanding any provision of this act, the
   30  legal regulated rent for any vacancy lease entered into after the effec-
   31  tive date of this subdivision shall be as hereinafter set  forth.    The
   32  previous  legal  regulated  rent for such housing accommodation shall be
   33  increased by the following: (i) if the vacancy lease is for  a  term  of
   34  two years, [twenty] TEN percent of the previous legal regulated rent; or
   35  (ii)  if  the vacancy lease is for a term of one year the increase shall
   36  be [twenty] TEN percent of the previous legal  regulated  rent  less  an
   37  amount  equal  to  the difference between (a) the two year renewal lease
   38  guideline promulgated by the guidelines board of the county in which the
   39  housing accommodation is located applied to the previous legal regulated
   40  rent and (b) the one year renewal lease  guideline  promulgated  by  the
   41  guidelines  board  of  the  county in which the housing accommodation is
   42  located applied to the previous legal regulated rent.  In  addition,  if
   43  the  legal regulated rent was not increased with respect to such housing
   44  accommodation by a permanent vacancy allowance within eight years  prior
   45  to  a  vacancy  lease  executed  on  or after the effective date of this
   46  subdivision, the legal regulated rent may be  further  increased  by  an
   47  amount  equal  to  the  product resulting from multiplying such previous
   48  legal regulated rent by six-tenths of one percent and further  multiply-
   49  ing  the  amount  of rent increase resulting therefrom by the greater of
   50  (A) the number of years since  the  imposition  of  the  last  permanent
   51  vacancy  allowance,  or (B) if the rent was not increased by a permanent
   52  vacancy allowance since the housing accommodation became subject to this
   53  act, the number of  years  that  such  housing  accommodation  has  been
   54  subject  to this act. Provided that if the previous legal regulated rent
   55  was less than three hundred dollars  the  total  increase  shall  be  as
   56  calculated  above plus one hundred dollars per month. Provided, further,
       A. 2593--A                          3
    1  that if the previous legal regulated rent was  at  least  three  hundred
    2  dollars  and  no  more  than  five hundred dollars in no event shall the
    3  total increase pursuant to this subdivision be  less  than  one  hundred
    4  dollars  per  month.  Such  increase  shall  be in lieu of any allowance
    5  authorized for the one or two year renewal component thereof, but  shall
    6  be  in  addition  to any other increases authorized pursuant to this act
    7  including an adjustment based upon a major  capital  improvement,  or  a
    8  substantial  modification  or increase of dwelling space or services, or
    9  installation of new  equipment  or  improvements  or  new  furniture  or
   10  furnishings  provided  in  or  to  the housing accommodation pursuant to
   11  section six of this act.  The increase authorized  in  this  subdivision
   12  may not be implemented more than one time in any calendar year, notwith-
   13  standing the number of vacancy leases entered into in such year.
   14    S  3. This act shall take effect immediately; provided that the amend-
   15  ments to section 26-511  of  the  rent  stabilization  law  of  nineteen
   16  hundred  sixty-nine  made by section one of this act shall expire on the
   17  same date as such law expires and shall not  affect  the  expiration  of
   18  such  law  as  provided  under section 26-520 of such law; and provided,
   19  further, that the amendments  to  section  4  of  the  emergency  tenant
   20  protection  act of nineteen seventy-four made by section two of this act
   21  shall expire on the same date as such act expires and shall  not  affect
   22  the  expiration  of such act as provided in section 17 of chapter 576 of
   23  the laws of 1974.