Bill Text: NY A05636 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to the de-regulation of rent-stabilized housing accommodations; eliminates rent regulation for any regulated housing accommodation that becomes vacant on or after June 16, 2022; makes exceptions.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2022-01-05 - referred to housing [A05636 Detail]
Download: New_York-2021-A05636-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5636 2021-2022 Regular Sessions IN ASSEMBLY February 22, 2021 ___________ Introduced by M. of A. FITZPATRICK, ABBATE -- Multi-Sponsored by -- M. of A. BYRNES, MANKTELOW, SMITH -- read once and referred to the Committee on Housing AN ACT to amend the emergency housing rent control law, the local emer- gency 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 de-regulation of rent-stabilized housing accommodations upon vacancy The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (i) of subdivision 2 of section 2 of chapter 274 2 of the laws of 1946, constituting the emergency housing rent control 3 law, as amended by chapter 576 of the laws of 1974, is amended to read 4 as follows: 5 (i) housing accommodations which become vacant on and after June 6 sixteenth, two thousand twenty-two, provided, however, that this 7 exemption shall not apply or become effective where the commission 8 determines or finds that the housing accommodations became vacant 9 because the landlord or any person acting on his behalf, with intent to 10 cause the tenant to vacate, engaged in any course of conduct (including, 11 but not limited to, interruption or discontinuance of essential 12 services) which interfered with or disturbed or was intended to inter- 13 fere with or disturb the comfort, repose, peace or quiet of the tenant 14 in his use or occupancy of the housing accommodations; [and further15provided that housing accommodations as to which a housing emergency has16been declared pursuant to the emergency tenant protection act of nine-17teen seventy-four shall be subject to the provisions of such act for the18duration of such emergency;] or 19 § 2. The second undesignated paragraph of subdivision 5 of section 1 20 of chapter 21 of the laws of 1962, constituting the local emergency EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08159-01-1A. 5636 2 1 housing rent control act, as amended by chapter 82 of the laws of 2003, 2 is amended to read as follows: 3 Notwithstanding any local law or ordinance, housing accommodations 4 which [became] become vacant (a) on or after July first, nineteen 5 hundred seventy-one [or which hereafter become vacant], but before June 6 sixteenth, two thousand twenty-two shall be subject to the provisions of 7 the emergency tenant protection act of nineteen seventy-four, and (b) on 8 or after June sixteenth, two thousand twenty-two shall be exempt from 9 regulations and control; provided, however, that [this provision] these 10 exemptions shall not apply or become effective with respect to housing 11 accommodations which, by local law or ordinance, are made directly 12 subject to regulation and control by a city housing rent agency and such 13 agency determines or finds that the housing accommodations became vacant 14 because the landlord or any person acting on his behalf, with intent to 15 cause the tenant to vacate, engaged in any course of conduct (including 16 but not limited to, interruption or discontinuance of essential 17 services) which interfered with or disturbed or was intended to inter- 18 fere with or disturb the comfort, repose, peace or quiet of the tenant 19 in his use or occupancy of the housing accommodations. The removal of 20 any housing accommodation from regulation and control of rents pursuant 21 to the vacancy [exemption] exemptions provided for in this paragraph 22 shall not constitute or operate as a ground for the subjection to more 23 stringent regulation and control of any housing accommodation in such 24 property or in any other property owned by the same landlord, notwith- 25 standing any prior agreement to the contrary by the landlord. The vacan- 26 cy exemption provided for in subparagraph (a) of this paragraph shall 27 not arise with respect to any rented plot or parcel of land otherwise 28 subject to the provisions of this act, by reason of a transfer of title 29 and possession occurring on or after July first, nineteen hundred seven- 30 ty-one, but before June sixteenth, two thousand twenty-two, of a dwell- 31 ing located on such plot or parcel and owned by the tenant where such 32 transfer of title and possession is made to a member of the tenant's 33 immediate family provided that the member of the tenant's immediate 34 family occupies the dwelling with the tenant prior to the transfer of 35 title and possession for a continuous period of two years. 36 § 3. Subdivision a of section 5 of section 4 of chapter 576 of the 37 laws of 1974, constituting the emergency tenant protection act of nine- 38 teen seventy-four, is amended by adding a new paragraph 3-a to read as 39 follows: 40 (3-a) housing accommodations which become vacant on or after June 41 sixteenth, two thousand twenty-two, provided, however, that this 42 exemption shall not apply to or become effective with respect to housing 43 accommodations which the commissioner determines or finds became vacant 44 because the landlord or any person acting on his or her behalf, with 45 intent to cause the tenant to vacate, engaged in any course of conduct 46 (including, but not limited to, interruption or discontinuance of 47 required services) which interfered with or disturbed or was intended to 48 interfere in his or her use or occupancy of the housing accommodations; 49 § 4. Section 26-504 of the administrative code of the city of New York 50 is amended by adding a new subdivision d to read as follows: 51 d. Notwithstanding any of the provisions of this section or title or 52 any other provisions of law, this law shall not apply to any housing 53 accommodation which becomes vacant on or after June sixteenth, two thou- 54 sand twenty-two provided, however, that this exemption shall not apply 55 to or become effective with respect to housing accommodations which the 56 commissioner determines or finds became vacant because the landlord orA. 5636 3 1 any person acting on his or her behalf, with intent to cause the tenant 2 to vacate, engaged in any course of conduct (including but not limited 3 to, interruption or discontinuance of required services) which interfer- 4 ed with or disturbed or was intended to interfere with or disturb the 5 comfort, repose, peace or quiet of the tenant in his or her use or occu- 6 pancy of the housing accommodations. 7 § 5. This act shall take effect immediately; provided, however, that 8 the amendments to the local emergency housing rent control act, made by 9 section two of this act, shall remain in full force and effect only so 10 long as the public emergency requiring the regulation and control of 11 residential rents and evictions continues, as provided in section 1 of 12 chapter 21 of the laws of 1962, as amended; and provided further that 13 the amendments to the rent stabilization law of nineteen hundred sixty- 14 nine, made by section four of this act, shall expire on the same date as 15 such law expires and shall not affect the expiration of such law as 16 provided under section 26-520 of the administrative code of the city of 17 New York.
