Bill Text: NY A05286 | 2019-2020 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Eliminates rent regulation protections for certain high income tenants; lowers the annual income for certain protections to $125,000.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2020-07-16 - held for consideration in housing [A05286 Detail]
Download: New_York-2019-A05286-Introduced.html
Bill Title: Eliminates rent regulation protections for certain high income tenants; lowers the annual income for certain protections to $125,000.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2020-07-16 - held for consideration in housing [A05286 Detail]
Download: New_York-2019-A05286-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5286 2019-2020 Regular Sessions IN ASSEMBLY February 8, 2019 ___________ Introduced by M. of A. KOLB, FITZPATRICK, RAIA, MONTESANO -- Multi-Spon- sored by -- M. of A. BARCLAY, CROUCH -- read once and referred to the Committee on Housing AN ACT to amend the emergency housing rent control law, the administra- tive code of the city of New York and the emergency tenant protection act of nineteen seventy-four, in relation to eliminating rent regu- lation protections for certain high income tenants; to amend the emer- gency housing rent control law, the local emergency housing rent control act, the emergency tenant protection act of nineteen seventy- four and the administrative code of the city of New York, in relation to the deregulation of rent-stabilized housing accommodations upon vacancy; and to repeal certain provisions of the emergency housing rent control law, the administrative code of the city of New York and the emergency tenant protection act of nineteen seventy-four relating to eliminating rent regulation protections for certain high income tenants The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (n) of subdivision 2 of section 2 of chapter 274 2 of the laws of 1946 constituting the emergency housing rent control law 3 is REPEALED. 4 § 2. Section 2-a of chapter 274 of the laws of 1946, constituting the 5 emergency housing rent control law, as amended by section 32 of part B 6 of chapter 97 of the laws of 2011, paragraph 3 of subdivision (a) as 7 amended by section 14 of part A of chapter 20 of the laws of 2015, is 8 amended to read as follows: 9 § 2-a. (a) 1. For purposes of this section, annual income shall mean 10 the federal adjusted gross income as reported on the New York state 11 income tax return. Total annual income means the sum of the annual 12 incomes of all persons who occupy the housing accommodation as their 13 primary residence on other than a temporary basis, excluding bona fide EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04471-01-9A. 5286 2 1 employees of such occupants residing therein in connection with such 2 employment and excluding bona fide subtenants in occupancy pursuant to 3 the provisions of section two hundred twenty-six-b of the real property 4 law. In the case where a housing accommodation is sublet, the annual 5 income of the sublessor shall be considered. 6 2. Deregulation income threshold means total annual income equal to 7 one hundred seventy-five thousand dollars in each of the two preceding 8 calendar years for proceedings commenced before July first, two thousand 9 eleven. For proceedings commenced on or after July first, two thousand 10 [eleven] eighteen, the deregulation income threshold means the total 11 annual income equal to [two hundred] one hundred twenty-five thousand 12 dollars in each of the two preceding calendar years. 13 [3. Deregulation rent threshold means two thousand dollars for14proceedings commenced prior to July first, two thousand eleven. For15proceedings commenced on or after July first, two thousand eleven, the16deregulation rent threshold means two thousand five hundred dollars. For17proceedings commenced on or after July first, two thousand fifteen, the18deregulation rent threshold means two thousand seven hundred dollars,19provided, however, that on January 1, 2016, and annually thereafter, the20maximum legal regulated rent for this deregulation threshold shall be21adjusted by the same percentage as the most recent one year renewal22adjustment adopted by the rent guidelines board.] 23 (b) On or before the first day of May in each calendar year, the owner 24 of each housing accommodation [for which the maximum monthly rent equals25or exceeds the deregulation rent threshold] may provide the tenant or 26 tenants residing therein with an income certification form prepared by 27 the division of housing and community renewal on which such tenant or 28 tenants shall identify all persons referred to in subdivision (a) of 29 this section and shall certify whether the total annual income is in 30 excess of the deregulation income threshold in each of the two preceding 31 calendar years. Such income certification form shall state that the 32 income level certified to by the tenant may be subject to verification 33 by the department of taxation and finance pursuant to section one 34 hundred seventy-one-b of the tax law and shall not require disclosure of 35 any income information other than whether the aforementioned threshold 36 has been exceeded. Such income certification form shall clearly state 37 that: (i) [only tenants residing in housing accommodations which had a38maximum monthly rent equal to or in excess of the deregulation rent39threshold are required to complete the certification form; (ii) that] 40 tenants have protections available to them which are designed to prevent 41 harassment; [(iii) that] and (ii) tenants are not required to provide 42 any information regarding their income except that which is requested on 43 the form and may contain such other information the division deems 44 appropriate. The tenant or tenants shall return the completed certif- 45 ication to the owner within thirty days after service upon the tenant or 46 tenants. In the event that the total annual income as certified is in 47 excess of the deregulation income threshold in each of the two preceding 48 calendar years, the owner may file the certification with the state 49 division of housing and community renewal on or before June thirtieth of 50 such year. Upon filing such certification with the division, the divi- 51 sion shall, within thirty days after the filing, issue an order of 52 deregulation providing that such housing accommodations shall not be 53 subject to the provisions of this law as of the first day of June in the 54 year next succeeding the filing of the certification by the owner. A 55 copy of such order shall be mailed by regular and certified mail, returnA. 5286 3 1 receipt requested, to the tenant or tenants and a copy thereof shall be 2 mailed to the owner. 3 (c) 1. In the event that the tenant or tenants either fail to return 4 the completed certification to the owner on or before the date required 5 by subdivision (b) of this section or the owner disputes the certif- 6 ication returned by the tenant or tenants, the owner may, on or before 7 June thirtieth of such year, petition the state division of housing and 8 community renewal to verify, pursuant to section one hundred seventy- 9 one-b of the tax law, whether the total annual income exceeds the dereg- 10 ulation income threshold in each of the two preceding calendar years. 11 Within twenty days after the filing of such request with the division, 12 the division shall notify the tenant or tenants that such tenant or 13 tenants must provide the division with such information as the division 14 and the department of taxation and finance shall require to verify 15 whether the total annual income exceeds the deregulation income thresh- 16 old in each of the two preceding calendar years. The division's notifi- 17 cation shall require the tenant or tenants to provide the information to 18 the division within sixty days of service upon such tenant or tenants 19 and shall include a warning in bold faced type that failure to respond 20 will result in an order of deregulation being issued by the division for 21 such housing accommodation. 22 2. If the department of taxation and finance determines that the total 23 annual income is in excess of the deregulation income threshold in each 24 of the two preceding calendar years, the division shall, on or before 25 November fifteenth of such year, notify the owner and tenants of the 26 results of such verification. Both the owner and the tenants shall have 27 thirty days within which to comment on such verification results. Within 28 forty-five days after the expiration of the comment period, the division 29 shall, where appropriate, issue an order of deregulation providing that 30 such housing accommodation shall not be subject to the provisions of 31 this law as of the first day of March in the year next succeeding the 32 filing of the owner's petition with the division. A copy of such order 33 shall be mailed by regular and certified mail, return receipt requested, 34 to the tenant or tenants and a copy thereof shall be sent to the owner. 35 3. In the event the tenant or tenants fail to provide the information 36 required pursuant to paragraph one of this subdivision, the division 37 shall issue, on or before December first of such year, an order of 38 deregulation providing that such housing accommodation shall not be 39 subject to the provisions of this law as of the first day of March in 40 the year next succeeding the last day on which the tenant or tenants 41 were required to provide the information required by such paragraph. A 42 copy of such order shall be mailed by regular and certified mail, return 43 receipt requested, to the tenant or tenants and a copy thereof shall be 44 sent to the owner. 45 4. The provisions of the state freedom of information act shall not 46 apply to any income information obtained by the division pursuant to 47 this section. 48 (d) This section shall apply only to paragraph (m) of subdivision two 49 of section two of this law. 50 (e) Upon receipt of such order of deregulation pursuant to this 51 section, an owner shall offer the housing accommodation subject to such 52 order to the tenant at a rent not in excess of the market rent, which 53 for the purposes of this section means a rent obtainable in an arm's 54 length transaction. Such rental offer shall be made by the owner in 55 writing to the tenant by certified and regular mail and shall inform the 56 tenant that such offer must be accepted in writing within ten days ofA. 5286 4 1 receipt. The tenant shall respond within ten days after receipt of such 2 offer. If the tenant declines the offer or fails to respond within such 3 period, the owner may commence an action or proceeding for the eviction 4 of such tenant. 5 § 3. Section 26-403.1 of the administrative code of the city of New 6 York, as amended by section 34 of part B of chapter 97 of the laws of 7 2011, and paragraph 3 of subdivision (a) as amended by section 15 of 8 part A of chapter 20 of the laws of 2015, is amended to read as follows: 9 § 26-403.1 High income rent deregulation. (a) 1. For purposes of this 10 section, annual income shall mean the federal adjusted gross income as 11 reported on the New York state income tax return. Total annual income 12 means the sum of the annual incomes of all persons who occupy the hous- 13 ing accommodation as their primary residence other than on a temporary 14 basis, excluding bona fide employees of such occupants residing therein 15 in connection with such employment and excluding bona fide subtenants in 16 occupancy pursuant to the provisions of section two hundred twenty-six-b 17 of the real property law. In the case where a housing accommodation is 18 sublet, the annual income of the sublessor shall be considered. 19 2. Deregulation income threshold means total annual income equal to 20 one hundred seventy-five thousand dollars in each of the two preceding 21 calendar years for proceedings commenced prior to July first, two thou- 22 sand eleven. For proceedings commenced on or after July first, two thou- 23 sand [eleven] eighteen, the deregulation income threshold means the 24 total annual income equal to [two hundred] one hundred twenty-five thou- 25 sand dollars in each of the two preceding calendar years. 26 [3. Deregulation rent threshold means two thousand dollars for27proceedings commenced before July first, two thousand eleven. For28proceedings commenced on or after July first, two thousand eleven, the29deregulation rent threshold means two thousand five hundred dollars. For30proceedings commenced on or after July first, two thousand fifteen, the31deregulation rent threshold means two thousand seven hundred dollars,32provided, however, that on January first, two thousand sixteen, and33annually thereafter, such deregulation rent threshold shall be adjusted34by the same percentage as the most recent one year renewal adjustment35adopted by the relevant guidelines board.] 36 (b) On or before the first day of May in each calendar year, the owner 37 of each housing accommodation [for which the maximum rent equals or38exceeds the deregulation rent threshold] may provide the tenant or 39 tenants residing therein with an income certification form prepared by 40 the division of housing and community renewal on which such tenant or 41 tenants shall identify all persons referred to in subdivision (a) of 42 this section and shall certify whether the total annual income is in 43 excess of the deregulation income threshold in each of the two preceding 44 calendar years. Such income certification form shall state that the 45 income level certified to by the tenant may be subject to verification 46 by the department of taxation and finance pursuant to section one 47 hundred seventy-one-b of the tax law and shall not require disclosure of 48 any income information other than whether the aforementioned threshold 49 has been exceeded. Such income certification form shall clearly state 50 that: (i) [only tenants residing in housing accommodations which have a51maximum monthly rent that equals or exceeds the deregulation rent thres-52hold are required to complete the certification form; (ii) that] tenants 53 have protections available to them which are designed to prevent harass- 54 ment; [(iii) that] and (ii) tenants are not required to provide any 55 information regarding their income except that which is requested on the 56 form and may contain such other information the division deems appropri-A. 5286 5 1 ate. The tenant or tenants shall return the completed certification to 2 the owner within thirty days after service upon the tenant or tenants. 3 In the event that the total annual income as certified is in excess of 4 the deregulation income threshold in each of the two preceding calendar 5 years, the owner may file the certification with the state division of 6 housing and community renewal on or before June thirtieth of such year. 7 Upon filing such certification with the division, the division shall, 8 within thirty days after the filing, issue an order of deregulation 9 providing that such housing accommodations shall not be subject to the 10 provisions of this law as of the first day of June in the year next 11 succeeding the filing of the certification by the owner. A copy of such 12 order shall be mailed by regular and certified mail, return receipt 13 requested, to the tenant or tenants and a copy thereof shall be mailed 14 to the owner. 15 (c) 1. In the event that the tenant or tenants either fail to return 16 the completed certification to the owner on or before the date required 17 by subdivision (b) of this section or the owner disputes the certif- 18 ication returned by the tenant or tenants, the owner may, on or before 19 June thirtieth of such year, petition the state division of housing and 20 community renewal to verify, pursuant to section one hundred seventy- 21 one-b of the tax law, whether the total annual income exceeds the dereg- 22 ulation income threshold in each of the two preceding calendar years. 23 Within twenty days after the filing of such request with the division, 24 the division shall notify the tenant or tenants that such tenant or 25 tenants must provide the division with such information as the division 26 and the department of taxation and finance shall require to verify 27 whether the total annual income exceeds the deregulation income thresh- 28 old in each of the two preceding calendar years. The division's notifi- 29 cation shall require the tenant or tenants to provide the information to 30 the division within sixty days of service upon such tenant or tenants 31 and shall include a warning in bold faced type that failure to respond 32 will result in an order of deregulation being issued by the division for 33 such housing accommodation. 34 2. If the department of taxation and finance determines that the total 35 annual income is in excess of the deregulation income threshold in each 36 of the two preceding calendar years, the division shall, on or before 37 November fifteenth of such year, notify the owner and tenants of the 38 results of such verification. Both the owner and the tenants shall have 39 thirty days within which to comment on such verification results. Within 40 forty-five days after the expiration of the comment period, the division 41 shall, where appropriate, issue an order of deregulation providing that 42 such housing accommodation shall not be subject to the provisions of 43 this law as of the first day of March in the year next succeeding the 44 filing of the owner's petition with the division. A copy of such order 45 shall be mailed by regular and certified mail, return receipt requested, 46 to the tenant or tenants and a copy thereof shall be sent to the owner. 47 3. In the event the tenant or tenants fail to provide the information 48 required pursuant to paragraph one of this subdivision, the division 49 shall issue, on or before December first of such year, an order of 50 deregulation providing that such housing accommodation shall not be 51 subject to the provisions of this law as of the first day of March in 52 the year next succeeding the last day on which the tenant or tenants 53 were required to provide the information required by such paragraph. A 54 copy of such order shall be mailed by regular and certified mail, return 55 receipt requested, to the tenant or tenants and a copy thereof shall be 56 sent to the owner.A. 5286 6 1 4. The provisions of the state freedom of information act shall not 2 apply to any income information obtained by the division pursuant to 3 this section. 4 (d) This section shall apply only to subparagraph (j) of paragraph two 5 of subdivision e of section 26-403 of this chapter. 6 (e) Upon receipt of such order of deregulation pursuant to this 7 section, an owner shall offer the housing accommodation subject to such 8 order to the tenant at a rent not in excess of the market rent, which 9 for the purposes of this section means a rent obtainable in an arm's 10 length transaction. Such rental offer shall be made by the owner in 11 writing to the tenant by certified and regular mail and shall inform the 12 tenant that such offer must be accepted in writing within ten days of 13 receipt. The tenant shall respond within ten days after receipt of such 14 offer. If the tenant declines the offer or fails to respond within such 15 period, the owner may commence an action or proceeding for the eviction 16 of such tenant. 17 § 4. Subparagraph (k) of paragraph 2 of subdivision e of section 18 26-403 of the administrative code of the city of New York is REPEALED. 19 § 5. Section 26-504.1 of the administrative code of the city of New 20 York, as amended by section 35 of part B of chapter 97 of the laws of 21 2011, is amended to read as follows: 22 § 26-504.1 Exclusion of accommodations of high income renters. Upon 23 the issuance of an order by the division, "housing accommodations" shall 24 not include housing accommodations which[: (1)] are occupied by persons 25 who have a total annual income, as defined in and subject to the limita- 26 tions and process set forth in section 26-504.3 of this chapter, in 27 excess of the deregulation income threshold, as defined in section 28 26-504.3 of this chapter, for each of the two preceding calendar years[;29and (2) have a legal regulated monthly rent that equals or exceeds the30deregulation rent threshold, as defined in section 26-504.3 of this31chapter]. Provided, however, that this exclusion shall not apply to 32 housing accommodations which became or become subject to this law (a) by 33 virtue of receiving tax benefits pursuant to section four hundred twen- 34 ty-one-a or four hundred eighty-nine of the real property tax law, 35 except as otherwise provided in subparagraph (i) of paragraph (f) of 36 subdivision two of section four hundred twenty-one-a of the real proper- 37 ty tax law, or (b) by virtue of article seven-C of the multiple dwelling 38 law. 39 § 6. Section 26-504.2 of the administrative code of the city of New 40 York is REPEALED. 41 § 7. Section 26-504.3 of the administrative code of the city of New 42 York, as amended by section 36 of part B of chapter 97 of the laws of 43 2011, and paragraph 3 of subdivision (a) as amended by section 16 of 44 part A of chapter 20 of the laws of 2015, is amended to read as follows: 45 § 26-504.3 High income rent deregulation. (a) 1. For purposes of this 46 section, annual income shall mean the federal adjusted gross income as 47 reported on the New York state income tax return. Total annual income 48 means the sum of the annual incomes of all persons whose names are 49 recited as the tenant or co-tenant on a lease who occupy the housing 50 accommodation and all other persons that occupy the housing accommo- 51 dation as their primary residence on other than a temporary basis, 52 excluding bona fide employees of such occupants residing therein in 53 connection with such employment and excluding bona fide subtenants in 54 occupancy pursuant to the provisions of section two hundred twenty-six-b 55 of the real property law. In the case where a housing accommodation is 56 sublet, the annual income of the tenant or co-tenant recited on theA. 5286 7 1 lease who will reoccupy the housing accommodation upon the expiration of 2 the sublease shall be considered. 3 2. Deregulation income threshold means total annual income equal to 4 one hundred seventy-five thousand dollars in each of the two preceding 5 calendar years for proceedings commenced before July first, two thousand 6 eleven. For proceedings commenced on or after July first, two thousand 7 [eleven] eighteen, the deregulation income threshold means the total 8 annual income equal to [two hundred] one hundred twenty-five thousand 9 dollars in each of the two preceding calendar years. 10 [3. Deregulation rent threshold means two thousand dollars for11proceedings commenced before July first, two thousand eleven. For12proceedings commenced on or after July first, two thousand eleven, the13deregulation rent threshold means two thousand five hundred dollars. For14proceedings commenced on or after July first, two thousand fifteen, the15deregulation rent threshold means two thousand seven hundred dollars,16provided, however, that on January first, two thousand sixteen, and17annually thereafter, such deregulation rent threshold shall be adjusted18by the same percentage as the most recent one year renewal adjustment19adopted by the relevant guidelines board.] 20 (b) On or before the first day of May in each calendar year, the owner 21 of each housing accommodation [for which the legal regulated rent equals22or exceeds the deregulation rent threshold] may provide the tenant or 23 tenants residing therein with an income certification form prepared by 24 the division of housing and community renewal on which such tenant or 25 tenants shall identify all persons referred to in subdivision (a) of 26 this section and shall certify whether the total annual income is in 27 excess of the deregulation income threshold in each of the two preceding 28 calendar years. Such income certification form shall state that the 29 income level certified to by the tenant may be subject to verification 30 by the department of taxation and finance pursuant to section one 31 hundred seventy-one-b of the tax law and shall not require disclosure of 32 any income information other than whether the aforementioned threshold 33 has been exceeded. Such income certification form shall clearly state 34 that: (i) [only tenants residing in housing accommodations which have a35legal regulated monthly rent, that equals or exceeds the deregulation36rent threshold are required to complete the certification form; (ii)37that] tenants have protections available to them which are designed to 38 prevent harassment; [(iii) that] and (ii) tenants are not required to 39 provide any information regarding their income except that which is 40 requested on the form and may contain such other information the divi- 41 sion deems appropriate. The tenant or tenants shall return the completed 42 certification to the owner within thirty days after service upon the 43 tenant or tenants. In the event that the total annual income as certi- 44 fied is in excess of the deregulation income threshold in each of the 45 two preceding calendar years, the owner may file the certification with 46 the state division of housing and community renewal on or before June 47 thirtieth of such year. Upon filing such certification with the divi- 48 sion, the division shall, within thirty days after the filing, issue an 49 order providing that such housing accommodation shall not be subject to 50 the provisions of this act upon the expiration of the existing lease. A 51 copy of such order shall be mailed by regular and certified mail, return 52 receipt requested, to the tenant or tenants and a copy thereof shall be 53 mailed to the owner. 54 (c) 1. In the event that the tenant or tenants either fail to return 55 the completed certification to the owner on or before the date required 56 by subdivision (b) of this section or the owner disputes the certif-A. 5286 8 1 ication returned by the tenant or tenants, the owner may, on or before 2 June thirtieth of such year, petition the state division of housing and 3 community renewal to verify, pursuant to section one hundred seventy- 4 one-b of the tax law, whether the total annual income exceeds the dereg- 5 ulation income threshold in each of the two preceding calendar years. 6 Within twenty days after the filing of such request with the division, 7 the division shall notify the tenant or tenants named on the lease that 8 such tenant or tenants must provide the division with such information 9 as the division and the department of taxation and finance shall require 10 to verify whether the total annual income exceeds the deregulation 11 income threshold in each of the two preceding calendar years. The divi- 12 sion's notification shall require the tenant or tenants to provide the 13 information to the division within sixty days of service upon such 14 tenant or tenants and shall include a warning in bold faced type that 15 failure to respond will result in an order being issued by the division 16 providing that such housing accommodation shall not be subject to the 17 provisions of this law. 18 2. If the department of taxation and finance determines that the total 19 annual income is in excess of the deregulation income threshold in each 20 of the two preceding calendar years, the division shall, on or before 21 November fifteenth of such year, notify the owner and tenants of the 22 results of such verification. Both the owner and the tenants shall have 23 thirty days within which to comment on such verification results. Within 24 forty-five days after the expiration of the comment period, the division 25 shall, where appropriate, issue an order providing that such housing 26 accommodation shall not be subject to the provisions of this law upon 27 the expiration of the existing lease. A copy of such order shall be 28 mailed by regular and certified mail, return receipt requested, to the 29 tenant or tenants and a copy thereof shall be sent to the owner. 30 3. In the event the tenant or tenants fail to provide the information 31 required pursuant to paragraph one of this subdivision, the division 32 shall issue, on or before December first of such year, an order provid- 33 ing that such housing accommodation shall not be subject to the 34 provisions of this law upon the expiration of the current lease. A copy 35 of such order shall be mailed by regular and certified mail, return 36 receipt requested, to the tenant or tenants and a copy thereof shall be 37 sent to the owner. 38 4. The provisions of the state freedom of information act shall not 39 apply to any income information obtained by the division pursuant to 40 this section. 41 (d) This section shall apply only to section 26-504.1 of this chapter. 42 (e) Upon receipt of such order of deregulation pursuant to this 43 section, an owner shall offer the housing accommodation subject to such 44 order to the tenant at a rent not in excess of the market rent, which 45 for the purposes of this section means a rent obtainable in an arm's 46 length transaction. Such rental offer shall be made by the owner in 47 writing to the tenant by certified and regular mail and shall inform the 48 tenant that such offer must be accepted in writing within ten days of 49 receipt. The tenant shall respond within ten days after receipt of such 50 offer. If the tenant declines the offer or fails to respond within such 51 period, the owner may commence an action or proceeding for the eviction 52 of such tenant. 53 § 8. Paragraph 13 of subdivision a of section 5 of section 4 of chap- 54 ter 576 of the laws of 1974 constituting the emergency tenant protection 55 act of nineteen seventy-four is REPEALED.A. 5286 9 1 § 9. Section 5-a of section 4 of chapter 576 of the laws of 1974, 2 constituting the emergency tenant protection act of nineteen seventy- 3 four, as amended by section 30 of part B of chapter 97 of the laws of 4 2011, and paragraph 3 of subdivision (a) as amended by section 13 of 5 part A of chapter 20 of the laws of 2015, is amended to read as follows: 6 § 5-a. High income rent deregulation. (a) 1. For purposes of this 7 section, annual income shall mean the federal adjusted gross income as 8 reported on the New York state income tax return. Total annual income 9 means the sum of the annual incomes of all persons whose names are 10 recited as the tenant or co-tenant on a lease who occupy the housing 11 accommodation and all other persons that occupy the housing accommo- 12 dation as their primary residence on other than a temporary basis, 13 excluding bona fide employees of such occupants residing therein in 14 connection with such employment and excluding bona fide subtenants in 15 occupancy pursuant to the provisions of section two hundred twenty-six-b 16 of the real property law. In the case where a housing accommodation is 17 sublet, the annual income of the tenant or co-tenant recited on the 18 lease who will reoccupy the housing accommodation upon the expiration of 19 the sublease shall be considered. 20 2. Deregulation income threshold means total annual income equal to 21 one hundred seventy-five thousand dollars in each of the two preceding 22 calendar years for proceedings commenced before July first, two thousand 23 eleven. For proceedings commenced on or after July first, two thousand 24 [eleven] eighteen, the deregulation income threshold means the total 25 annual income equal to [two hundred] one hundred twenty-five thousand 26 dollars in each of the two preceding calendar years. 27 [3. Deregulation rent threshold means two thousand dollars for28proceedings commenced before July first, two thousand eleven. For29proceedings commenced on or after July first, two thousand eleven, the30deregulation rent threshold means two thousand five hundred dollars.31For proceedings commenced on or after July first, two thousand fifteen,32the deregulation rent threshold means two thousand seven hundred33dollars, provided, however that on January 1, 2016, and annually there-34after, the maximum legal regulated rent for this deregulation threshold35shall be adjusted by the same percentage as the most recent one year36renewal adjustment adopted by the rent guidelines board.] 37 (b) On or before the first day of May in each calendar year, the owner 38 of each housing accommodation [for which the legal regulated monthly39rent equals or exceeds the deregulation rent threshold] may provide the 40 tenant or tenants residing therein with an income certification form 41 prepared by the division of housing and community renewal on which such 42 tenant or tenants shall identify all persons referred to in subdivision 43 (a) of this section and shall certify whether the total annual income is 44 in excess of the deregulation income threshold in each of the two 45 preceding calendar years. Such income certification form shall state 46 that the income level certified to by the tenant may be subject to 47 verification by the department of taxation and finance pursuant to 48 section one hundred seventy-one-b of the tax law, and shall not require 49 disclosure of any information other than whether the aforementioned 50 threshold has been exceeded. Such income certification form shall clear- 51 ly state that: (i) [only tenants residing in housing accommodations52which had a legal regulated monthly rent that equals or exceeds the53deregulation rent threshold are required to complete the certification54form; (ii) that] tenants have protections available to them which are 55 designed to prevent harassment; [(iii) that] and (ii) tenants are not 56 required to provide any information regarding their income except thatA. 5286 10 1 which is requested on the form and may contain such other information 2 the division deems appropriate. The tenant or tenants shall return the 3 completed certification to the owner within thirty days after service 4 upon the tenant or tenants. In the event that the total annual income as 5 certified is in excess of the deregulation income threshold in each of 6 the two preceding calendar years, the owner may file the certification 7 with the state division of housing and community renewal on or before 8 June thirtieth of such year. Upon filing such certification with the 9 division, the division shall, within thirty days after the filing, issue 10 an order providing that such housing accommodation shall not be subject 11 to the provisions of this act upon the expiration of the existing lease. 12 A copy of such order shall be mailed by regular and certified mail, 13 return receipt requested, to the tenant or tenants and a copy thereof 14 shall be mailed to the owner. 15 (c) 1. In the event that the tenant or tenants either fail to return 16 the completed certification to the owner on or before the date required 17 by subdivision (b) of this section or the owner disputes the certif- 18 ication returned by the tenant or tenants, the owner may, on or before 19 June thirtieth of such year, petition the state division of housing and 20 community renewal to verify, pursuant to section one hundred seventy- 21 one-b of the tax law, whether the total annual income exceeds the dereg- 22 ulation income threshold in each of the two preceding calendar years. 23 Within twenty days after the filing of such request with the division, 24 the division shall notify the tenant or tenants that such tenant or 25 tenants named on the lease must provide the division with such informa- 26 tion as the division and the department of taxation and finance shall 27 require to verify whether the total annual income exceeds the deregu- 28 lation income threshold in each of the two preceding calendar years. The 29 division's notification shall require the tenant or tenants to provide 30 the information to the division within sixty days of service upon such 31 tenant or tenants and shall include a warning in bold faced type that 32 failure to respond will result in an order being issued by the division 33 providing that such housing accommodations shall not be subject to the 34 provisions of this act. 35 2. If the department of taxation and finance determines that the total 36 annual income is in excess of the deregulation income threshold in each 37 of the two preceding calendar years, the division shall, on or before 38 November fifteenth of such year, notify the owner and tenants of the 39 results of such verification. Both the owner and the tenants shall have 40 thirty days within which to comment on such verification results. Within 41 forty-five days after the expiration of the comment period, the division 42 shall, where appropriate, issue an order providing that such housing 43 accommodation shall not be subject to the provisions of this act upon 44 expiration of the existing lease. A copy of such order shall be mailed 45 by regular and certified mail, return receipt requested, to the tenant 46 or tenants and a copy thereof shall be sent to the owner. 47 3. In the event the tenant or tenants fail to provide the information 48 required pursuant to paragraph one of this subdivision, the division 49 shall issue, on or before December first of such year, an order provid- 50 ing that such housing accommodation shall not be subject to the 51 provisions of this act upon the expiration of the current lease. A copy 52 of such order shall be mailed by regular and certified mail, return 53 receipt requested, to the tenant or tenants and a copy thereof shall be 54 sent to the owner.A. 5286 11 1 4. The provisions of the state freedom of information act shall not 2 apply to any income information obtained by the division pursuant to 3 this section. 4 (d) This section shall apply only to paragraph twelve of subdivision a 5 of section five of this act. 6 (e) Upon receipt of such order of deregulation pursuant to this 7 section, an owner shall offer the housing accommodation subject to such 8 order to the tenant at a rent not in excess of the market rent, which 9 for the purposes of this section means a rent obtainable in an arm's 10 length transaction. Such rental offer shall be made by the owner in 11 writing to the tenant by certified and regular mail and shall inform the 12 tenant that such offer must be accepted in writing within ten days of 13 receipt. The tenant shall respond within ten days after receipt of such 14 offer. If the tenant declines the offer or fails to respond within such 15 period, the owner may commence an action or proceeding for the eviction 16 of such tenant. 17 § 10. Paragraph (i) of subdivision 2 of section 2 of chapter 274 of 18 the laws of 1946, constituting the emergency housing rent control law, 19 as amended by chapter 576 of the laws of 1974, is amended to read as 20 follows: 21 (i) housing accommodations which become vacant on and after June 22 sixteenth, two thousand nineteen, provided, however, that this exemption 23 shall not apply or become effective where the commission determines or 24 finds that the housing accommodations became vacant because the landlord 25 or any person acting on his behalf, with intent to cause the tenant to 26 vacate, engaged in any course of conduct (including, but not limited to, 27 interruption or discontinuance of essential services) which interfered 28 with or disturbed or was intended to interfere with or disturb the 29 comfort, repose, peace or quiet of the tenant in his use or occupancy of 30 the housing accommodations; [and further provided that housing accommo-31dations as to which a housing emergency has been declared pursuant to32the emergency tenant protection act of nineteen seventy-four shall be33subject to the provisions of such act for the duration of such emergen-34cy;] or 35 § 11. The second undesignated paragraph of subdivision 5 of section 1 36 of chapter 21 of the laws of 1962, constituting the local emergency 37 housing rent control act, as amended by chapter 82 of the laws of 2003, 38 is amended to read as follows: 39 Notwithstanding any local law or ordinance, housing accommodations 40 which [became] become vacant on or after [July first, nineteen hundred41seventy-one or which hereafter become vacant] June sixteenth, two thou- 42 sand nineteen shall be [subject to the provisions of the emergency43tenant protection act of nineteen seventy-four] exempt from regulation 44 and control, provided, however, that this [provision] exemption shall 45 not apply or become effective with respect to housing accommodations 46 which, by local law or ordinance, are made directly subject to regu- 47 lation and control by a city housing rent agency and such agency deter- 48 mines or finds that the housing accommodations became vacant because the 49 landlord or any person acting on his behalf, with intent to cause the 50 tenant to vacate, engaged in any course of conduct (including but not 51 limited to, interruption or discontinuance of essential services) which 52 interfered with or disturbed or was intended to interfere with or 53 disturb the comfort, repose, peace or quiet of the tenant in his use or 54 occupancy of the housing accommodations. The removal of any housing 55 accommodation from regulation and control of rents pursuant to the 56 vacancy exemption provided for in this paragraph shall not constitute orA. 5286 12 1 operate as a ground for the subjection to more stringent regulation and 2 control of any housing accommodation in such property or in any other 3 property owned by the same landlord, notwithstanding any prior agreement 4 to the contrary by the landlord. The vacancy exemption provided for in 5 this paragraph shall not arise with respect to any rented plot or parcel 6 of land otherwise subject to the provisions of this act, by reason of a 7 transfer of title and possession occurring on or after July first, nine- 8 teen hundred seventy-one of a dwelling located on such plot or parcel 9 and owned by the tenant where such transfer of title and possession is 10 made to a member of the tenant's immediate family provided that the 11 member of the tenant's immediate family occupies the dwelling with the 12 tenant prior to the transfer of title and possession for a continuous 13 period of two years. 14 § 12. Paragraph (h) of subdivision 10 of section 1 of chapter 21 of 15 the laws of 1962, constituting the local emergency housing rent control 16 act, as amended by chapter 576 of the laws of 1974, is amended to read 17 as follows: 18 (h) Any tenant who has vacated his housing accommodations because the 19 landlord or any person acting on his behalf, with intent to cause the 20 tenant to vacate, engaged in any course of conduct (including but not 21 limited to, interruption or discontinuance of essential services) which 22 interfered with or disturbed or was intended to interfere with or 23 disturb the comfort, repose, peace or quiet of the tenant in his use or 24 occupancy of the housing accommodations may, within ninety days after 25 vacating, apply for a determination that the housing accommodations were 26 vacated as a result of such conduct, and may, within one year after such 27 determination, institute a civil action against the landlord by reason 28 of such conduct. Application for such determination may be made to the 29 [city housing rent agency with respect to housing accommodations which,30by local law or ordinance, are made directly subject to regulation and31control by such agency. For all other housing accommodadations subject32to regulation and control pursuant to the New York city rent stabiliza-33tion law of nineteen hundred sixty-nine, application for such determi-34nation may be made to the New York city conciliation and appeals board.35For the purpose of making and enforcing any determination of the New36York city conciliation and appeals board as herein provided, the37provisions of sections seven, eight and ten, whenever they refer to the38city housing rent agency, shall be deemed to refer to such board] state 39 division of housing and community renewal. In such action the landlord 40 shall be liable to the tenant for three times the damages sustained on 41 account of such conduct plus reasonable attorney's fees and costs as 42 determined by the court. In addition to any other damages the cost of 43 removal of property shall be a lawful measure of damages. 44 § 13. Subdivision a of section 5 of section 4 of chapter 576 of the 45 laws of 1974, constituting the emergency tenant protection act of nine- 46 teen seventy-four, is amended by adding a new paragraph 3-a to read as 47 follows: 48 (3-a) housing accommodations which become vacant on or after June 49 sixteenth, two thousand nineteen, provided, however, that this exception 50 shall not apply to or become effective with respect to housing accommo- 51 dations which the commissioner determines or finds became vacant because 52 the landlord or any person acting on his or her behalf, with intent to 53 cause the tenant to vacate, engaged in any course of conduct (including, 54 but not limited to, interruption or discontinuance of required services) 55 which interfered with or disturbed or was intended to interfere in his 56 or her use or occupancy of the housing accommodations.A. 5286 13 1 § 14. Section 26-504 of the administrative code of the city of New 2 York is amended by adding a new subdivision d to read as follows: 3 d. Notwithstanding any of the provisions of this section or title or 4 any other provisions of law, this law shall not apply to any housing 5 accommodation which becomes vacant on or after June sixteenth, two thou- 6 sand nineteen provided, however, that this exception shall not apply to 7 or become effective with respect to housing accommodations which the 8 commissioner determines or finds became vacant because the landlord or 9 any person acting on his or her behalf, with intent to cause the tenant 10 to vacate, engaged in any course of conduct (including but not limited 11 to, interruption or discontinuance of required services) which interfer- 12 ed with or disturbed or was intended to interfere with or disturb the 13 comfort, repose, peace or quiet of the tenant in his or her use or occu- 14 pancy of the housing accommodations. 15 § 15. This act shall take effect immediately; provided that the amend- 16 ments to section 26-403.1 of the city rent and rehabilitation law made 17 by section three of this act shall remain in full force and effect only 18 as long as the public emergency requiring the regulation and control of 19 residential rents and evictions continues, as provided in subdivision 3 20 of section 1 of the local emergency housing rent control act; and 21 provided that the amendments to sections 26-504.1, 26-504.3, and 26-504 22 of chapter 4 of title 26 of the administrative code of the city of New 23 York made by sections five, seven and fourteen of this act respectively, 24 shall expire on the same date as such law expires and shall not affect 25 the expiration of such law as provided under section 26-520 of such law; 26 and provided that the amendments to sections 5-a and 5 of the emergency 27 tenant protection act of nineteen seventy-four made by sections nine and 28 thirteen of this act, respectively, shall expire on the same date as 29 such act expires and shall not affect the expiration of such act as 30 provided in section 17 of chapter 576 of the laws of 1974; and provided 31 that the amendments to sections 2-a and 2 of the emergency housing rent 32 control law made by sections two and ten of this act, respectively, 33 shall expire on the same date as such law expires and shall not affect 34 the expiration of such law as provided in subdivision 2 of section 1 of 35 chapter 274 of the laws of 1946; and provided that the amendments to the 36 local emergency housing rent control act made by section eleven of this 37 act shall remain in full force and effect only so long as the public 38 emergency requiring the regulation and control of residential rents and 39 evictions continues, as provided in subdivision 3 of section 1 of the 40 local emergency housing rent control act; and provided further that the 41 amendments to paragraph (h) of subdivision 10 of section 1 of the local 42 emergency housing rent control act made by section twelve of this act 43 shall not affect the expiration of certain provisions of such paragraph 44 (h) made by section 3 of chapter 576 of the laws of 1974 and shall 45 expire when such chapter 576 of the laws of 1974 expires.
