Bill Text: NY A05770 | 2021-2022 | 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 9-0)
Status: (Introduced - Dead) 2022-01-05 - referred to housing [A05770 Detail]
Download: New_York-2021-A05770-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5770 2021-2022 Regular Sessions IN ASSEMBLY February 24, 2021 ___________ Introduced by M. of A. BICHOTTE HERMELYN, CARROLL, HYNDMAN, L. ROSEN- THAL, JOYNER, GOTTFRIED, PICHARDO, ABINANTI, 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 Q of chapter 39 4 of the laws of 2019, is amended to read as follows: 5 (a-2) Where the amount of rent charged to and paid by the tenant is 6 less than the legal regulated rent for the housing accommodation, the 7 amount of rent for such housing accommodation which may be charged upon 8 vacancy thereof, may, at the option of the owner, be based upon such 9 previously established legal regulated rent, as adjusted by the most 10 recent applicable guidelines increases and other increases authorized by 11 law; provided, however, that such vacancy shall not be caused by 12 the failure of the owner or an agent of the owner, to maintain the hous- 13 ing accommodation in compliance with the warranty of habitability 14 set forth in subdivision one of section two hundred thirty-five-b of the 15 real property law. For any tenant who is subject to a lease on or after 16 the effective date of a chapter of the laws of two thousand nineteen 17 which amended this subdivision, or is or was entitled to receive a 18 renewal or vacancy lease on or after such date, upon renewal of such 19 lease, the amount of rent for such housing accommodation that may be 20 charged and paid shall be no more than the rent charged to and paid by 21 the tenant prior to that renewal, as adjusted by the most recent appli- 22 cable guidelines increases and any other increases authorized by law. 23 Provided, however, that for buildings that are subject to this statute 24 by virtue of a regulatory agreement with a local government agency and 25 which buildings receive federal project based rental assistance adminis- 26 tered by the United States department of housing and urban development EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07139-01-1A. 5770 2 1 or a state or local section eight administering agency, where the rent 2 set by the federal, state or local governmental agency is less than the 3 legal regulated rent for the housing accommodation, the amount of rent 4 for such housing accommodation which may be charged with the approval of 5 such federal, state or local governmental agency upon renewal or upon 6 vacancy thereof, may be based upon such previously established legal 7 regulated rent, as adjusted by the most recent applicable guidelines 8 increases or other increases authorized by law; and further provided 9 that such vacancy shall not be caused by the failure of the owner or an 10 agent of the owner, to maintain the housing accommodation in compliance 11 with the warranty of habitability set forth in subdivision one of 12 section two hundred thirty-five-b of the real property law. 13 § 2. Paragraph 14 of subdivision c of section 26-511 of the adminis- 14 trative code of the city of New York, as amended by section 12 of part Q 15 of chapter 39 of the laws of 2019, is amended to read as follows: 16 (14) where the amount of rent charged to and paid by the tenant is 17 less than the legal regulated rent for the housing accommodation, the 18 amount of rent for such housing accommodation which may be charged upon 19 vacancy thereof, may, at the option of the owner, be based upon such 20 previously established legal regulated rent, as adjusted by the most 21 recent applicable guidelines increases and any other increases author- 22 ized by law; provided, however, that such vacancy shall not be caused by 23 the failure of the owner or an agent of the owner, to maintain the 24 housing accommodation in compliance with the warranty of habitability 25 set forth in subdivision one of section two hundred thirty-five-b 26 of the real property law. For any tenant who is subject to a lease on 27 or after the effective date of a chapter of the laws of two thousand 28 nineteen which amended this paragraph, or is or was entitled to receive 29 a renewal or vacancy lease on or after such date, upon renewal of such 30 lease, the amount of rent for such housing accommodation that may be 31 charged and paid shall be no more than the rent charged to and paid by 32 the tenant prior to that renewal, as adjusted by the most recent appli- 33 cable guidelines increases and any other increases authorized by law. 34 Provided, however, that for buildings that are subject to this statute 35 by virtue of a regulatory agreement with a local government agency and 36 which buildings receive federal project based rental assistance adminis- 37 tered by the United States department of housing and urban development 38 or a state or local section eight administering agency, where the rent 39 set by the federal, state or local governmental agency is less than the 40 legal regulated rent for the housing accommodation, the amount of rent 41 for such housing accommodation which may be charged with the approval of 42 such federal, state or local governmental agency upon renewal or upon 43 vacancy thereof, may be based upon such previously established legal 44 regulated rent, as adjusted by the most recent applicable guidelines 45 increases and other increases authorized by law; and further provided 46 that such vacancy shall not be caused by the failure of the owner or an 47 agent of the owner, to maintain the housing accommodation in compliance 48 with the warranty of habitability set forth in subdivision one of 49 section two hundred thirty-five-b of the real property law. 50 § 3. This act shall take effect immediately; provided, however, that 51 the amendments to section 26-511 of chapter 4 of title 26 of the admin- 52 istrative code of the city of New York made by section two of this act 53 shall expire on the same date as such law expires and shall not affect 54 the expiration of such law as provided under section 26-520 of such law.
