Bill Text: NY A05679 | 2009-2010 | General Assembly | Introduced
Bill Title: 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 making conforming technical changes; and to repeal paragraph 13 of subdivision a of section 5 of section 4 of chapter 576 of the laws of 1974 constituting the emergency tenant protection act of nineteen seventy-four, paragraph (n) of subdivision 2 of section 2 of chapter 274 of the laws of 1946, constituting the emergency housing rent control law, and section 26-504.2 and subparagraph (k) of paragraph 2 of subdivision e of section 26-403 of the administrative code of the city of New York, relating to vacancy decontrol
Spectrum: Strong Partisan Bill (Democrat 36-2)
Status: (Introduced - Dead) 2010-01-06 - referred to housing [A05679 Detail]
Download: New_York-2009-A05679-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5679
2009-2010 Regular Sessions
I N A S S E M B L Y
February 17, 2009
___________
Introduced by M. of A. BRENNAN, COLTON, DINOWITZ, GLICK, GOTTFRIED,
GREENE, JACOBS, JAFFEE, JEFFRIES, MAYERSOHN, ROBINSON, ROSENTHAL,
KAVANAGH, FARRELL, LANCMAN, SCHIMEL, WRIGHT, V. LOPEZ, ORTIZ, KELLNER,
CAMARA, SPANO, TITUS, ESPAILLAT, CASTRO -- Multi-Sponsored by -- M. of
A. ALFANO, BING, BOYLAND, BRADLEY, BROOK-KRASNY, DIAZ, HEASTIE, HOOP-
ER, LATIMER, MILLMAN, PERRY, PRETLOW, J. RIVERA, TOWNS, WEISENBERG --
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 making conforming technical changes; and to repeal paragraph 13 of
subdivision a of section 5 of section 4 of chapter 576 of the laws of
1974 constituting the emergency tenant protection act of nineteen
seventy-four, paragraph (n) of subdivision 2 of section 2 of chapter
274 of the laws of 1946, constituting the emergency housing rent
control law, and section 26-504.2 and subparagraph (k) of paragraph 2
of subdivision e of section 26-403 of the administrative code of the
city of New York, relating to vacancy decontrol
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The legislature hereby finds that a serious public emergen-
2 cy continues to exist in the housing of a considerable number of persons
3 within the state of New York and will continue to exist after January 1,
4 2009, hereby reaffirms the findings and declarations set forth in
5 section 2 of the emergency tenant protection act of nineteen seventy-
6 four, section 1 of the emergency housing rent control law, sections
7 26-401 and 26-501 of the administrative code of the city of New York
8 and, hereby declares that the provisions of this act are necessary and
9 in the public interest.
10 S 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 protection
12 act of nineteen seventy-four is REPEALED.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04270-03-9
A. 5679 2
1 S 3. Paragraph (n) of subdivision 2 of section 2 of chapter 274 of the
2 laws of 1946, constituting the emergency housing rent control law is
3 REPEALED.
4 S 4. Section 26-504.2 of the administrative code of the city of New
5 York is REPEALED.
6 S 5. Subparagraph (k) of paragraph 2 of subdivision e of section
7 26-403 of the administrative code of the city of New York is REPEALED.
8 S 6. The provisions of this act shall apply to any housing accommo-
9 dations that were or became vacant on or after January 1, 2009.
10 Notwithstanding the provisions of any lease or rental agreement, the
11 legal regulated rent or maximum collectible rent of any housing accommo-
12 dation excluded from regulation on or after January 1, 2009 by reason of
13 the provisions repealed by sections two, three, four and five of this
14 act shall be the legal regulated rent or maximum collectible rent appli-
15 cable to such accommodations on December 31, 2008, subject to further
16 adjustment in accordance with applicable provisions of law.
17 S 7. Any housing accommodations that were previously excluded from
18 coverage from the emergency tenant protection act of nineteen seventy-
19 four, the emergency housing rent control law, or the administrative code
20 of the city of New York pursuant to the provisions of law repealed by
21 sections two, three, four, and five of this act, and where such housing
22 accommodations were rented to a tenant on or after January 1, 2009 for
23 less than three thousand dollars per month, shall be subject to the
24 provisions of such act, law, or administrative code, respectively.
25 Notwithstanding the provisions of any lease or rental agreement, the
26 legal regulated rent or maximum collectible rent of any housing accommo-
27 dation excluded from regulation prior to January 1, 2009 by reason of
28 the provisions repealed by sections two, three, four and five of this
29 act and made subject to regulation because such accommodation was rented
30 to a tenant on or after January 1, 2009 for less than three thousand
31 dollars per month shall be the actual rent applicable to such accommo-
32 dations on January 1, 2009 or the first rent applicable to such accommo-
33 dation after January 1, 2009, subject to further adjustment in accord-
34 ance with applicable provisions of law.
35 S 8. Paragraph 14 of subdivision c of section 26-511 of the adminis-
36 trative code of the city of New York, as added by chapter 82 of the laws
37 of 2003, is amended to read as follows:
38 (14) provides that where the amount of rent charged to and paid by the
39 tenant is less than the legal regulated rent for the housing accommo-
40 dation, the amount of rent for such housing accommodation which may be
41 charged upon renewal or upon vacancy thereof may, at the option of the
42 owner, be based upon such previously established legal regulated rent,
43 as adjusted by the most recent applicable guidelines increases and any
44 other increases authorized by law. [Where, subsequent to vacancy, such
45 legal regulated rent, as adjusted by the most recent applicable guide-
46 lines increases and any other increases authorized by law is two thou-
47 sand dollars or more per month, such housing accommodation shall be
48 excluded from the provisions of this law pursuant to section 26-504.2 of
49 this chapter.]
50 S 9. Subdivision a-2 of section 10 of section 4 of chapter 576 of the
51 laws of 1974 constituting the emergency tenant protection act of nine-
52 teen seventy-four, as added by chapter 82 of the laws of 2003, is
53 amended to read as follows:
54 a-2. Provides that where the amount of rent charged to and paid by the
55 tenant is less than the legal regulated rent for the housing accommo-
56 dation, the amount of rent for such housing accommodation which may be
A. 5679 3
1 charged upon renewal or upon vacancy thereof may, at the option of the
2 owner, be based upon such previously established legal regulated rent,
3 as adjusted by the most recent applicable guidelines increases and other
4 increases authorized by law. [Where, subsequent to vacancy, such legal
5 regulated rent, as adjusted by the most recent applicable guidelines
6 increases and any other increases authorized by law is two thousand
7 dollars or more per month, such housing accommodation shall be excluded
8 from the provisions of this act pursuant to paragraph thirteen of subdi-
9 vision a of section five of this act.]
10 S 10. Paragraph 14 of subdivision c of section 26-511 of the adminis-
11 trative code of the city of New York, as amended by section eight of
12 this act, is amended to read as follows:
13 (14) provides that where the amount of rent charged to and paid by the
14 tenant is less than the legal regulated rent for the housing accommo-
15 dation, the amount of rent for such housing accommodation which may be
16 charged upon [renewal or upon] vacancy thereof may, at the option of the
17 owner, be based upon such previously established legal regulated rent,
18 as adjusted by the most recent applicable guidelines increases and any
19 other increases authorized by law.
20 S 11. Subdivision a-2 of section 10 of section 4 of chapter 576 of the
21 laws of 1974 constituting the emergency tenant protection act of nine-
22 teen seventy-four, as amended by section nine of this act, is amended to
23 read as follows:
24 a-2. Provides that where the amount of rent charged to and paid by the
25 tenant is less than the legal regulated rent for the housing accommo-
26 dation, the amount of rent for such housing accommodation which may be
27 charged upon [renewal or upon] vacancy thereof may, at the option of the
28 owner, be based upon such previously established legal regulated rent,
29 as adjusted by the most recent applicable guidelines increases and other
30 increases authorized by law.
31 S 12. This act shall take effect immediately; provided, however, that:
32 (a) the provisions of sections one through nine of this act shall be
33 deemed to have been in full force and effect on and after January 1,
34 2009;
35 (b) the amendments to section 26-511 of chapter 4 of title 26 of the
36 administrative code of the city of New York made by section eight of
37 this act shall expire on the same date as such law expires and shall not
38 affect the expiration of such law as provided under section 26-520 of
39 such law;
40 (c) the amendments to subdivision a-2 of section 10 of section 4 of
41 the emergency tenant protection act of nineteen seventy-four made by
42 section nine of this act shall expire on the same date as such act
43 expires and shall not affect the expiration of such act as provided in
44 section 17 of chapter 576 of the laws of 1974;
45 (d) the amendments to section 26-511 of chapter 4 of title 26 of the
46 administrative code of the city of New York made by section ten of this
47 act shall expire on the same date as such law expires and shall not
48 affect the expiration of such law as provided under section 26-520 of
49 such law; and
50 (e) the amendments to subdivision a-2 of section 10 of section 4 of
51 the emergency tenant protection act of nineteen seventy-four made by
52 section eleven of this act shall expire on the same date as such act
53 expires and shall not affect the expiration of such act as provided in
54 section 17 of chapter 576 of the laws of 1974.
