Bill Text: NY A07108 | 2021-2022 | General Assembly | Introduced
Bill Title: Places limitations on initial regulated rents to not exceed the average rent for a comparable rent regulated housing accommodation.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2022-01-05 - referred to housing [A07108 Detail]
Download: New_York-2021-A07108-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7108 2021-2022 Regular Sessions IN ASSEMBLY April 22, 2021 ___________ Introduced by M. of A. GONZALEZ-ROJAS -- read once and referred to the Committee on Housing AN ACT to amend chapter 576 of the laws of 1974, constituting the emer- gency tenant protection act of nineteen seventy-four and the adminis- trative code of the city of New York, in relation to placing limita- tions on initial regulated rents The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision b of section 6 of section 4 of chapter 576 of 2 the laws of 1974, constituting the emergency tenant protection act of 3 nineteen seventy-four, is amended to read as follows: 4 b. The initial legal regulated rents for housing accommodations in a 5 city having a population of less than one million or a town or village 6 as to which a declaration of emergency has been made pursuant to this 7 act shall be: 8 (1) For housing accommodations subject to the emergency housing rent 9 control law which become vacant on or after the local effective date of 10 this act, the rent agreed to by the landlord and the tenant and reserved 11 in a lease or provided for in a rental agreement; provided that such 12 initial legal regulated rent shall not exceed the average rent for a 13 comparable rent regulated housing accommodation, as determined by the 14 rent guidelines board with jurisdiction over such housing accommodation, 15 and may be adjusted on application of the owner or tenant pursuant to 16 subdivision a of section nine of this act; and provided further that no 17 increase of such initial regulated rent pursuant to annual guidelines 18 adopted by the rent guidelines board shall become effective until the 19 expiration of the first lease or rental agreement taking effect after 20 the local effective date, but in no event before one year from the 21 commencement of such rental agreement. 22 (2) For all other housing accommodations, the rent reserved in the 23 last effective lease or other rental agreement; provided that an initial EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02330-01-1A. 7108 2 1 rent based upon the rent reserved in a lease or other rental agreement 2 which became effective on or after January first, nineteen hundred 3 seventy-four may be adjusted on application of the tenant pursuant to 4 subdivision b of section nine of this act or on application of either 5 the owner or tenant pursuant to subdivision a of such section; and 6 further provided that if a lease is entered into for such housing accom- 7 modations after the local effective date, but before the effective date 8 of the first guidelines applicable to such accommodations, the lease may 9 provide for an adjustment of rent pursuant to such guidelines, to be 10 effective on the first day of the month next succeeding the effective 11 date of such guidelines. 12 § 2. Subdivision b of section 26-512 of the administrative code of the 13 city of New York is amended to read as follows: 14 b. The initial regulated rent for housing accommodations subject to 15 this law on the local effective date of the emergency tenant protection 16 act of nineteen seventy-four or which become subject to this law there- 17 after, pursuant to such act, shall be: 18 (1) For housing accommodations which were regulated pursuant to this 19 law or the city rent and rehabilitation law prior to July first, nine- 20 teen hundred seventy-one, and which became vacant on or after such date 21 and prior to the local effective date of the emergency tenant protection 22 act of nineteen seventy-four, the rent reserved in the last effective 23 lease or other rental agreement; provided that such initial rent may be 24 adjusted on application of the tenant pursuant to subdivision b of 25 section 26-513 of this chapter. 26 (2) For housing accommodations which were regulated pursuant to the 27 city rent and rehabilitation law on the local effective date of the 28 emergency tenant protection act of nineteen seventy-four, and thereafter 29 become vacant, the rent agreed to by the landlord and the tenant and 30 reserved in a lease or provided for in a rental agreement; provided that 31 such initial rent shall not exceed the average rent for a comparable 32 rent regulated housing accommodation, as determined by the commissioner, 33 and may be adjusted on application of the tenant pursuant to subdivision 34 b of section 26-513 of this chapter. 35 (3) For housing accommodations other than those described in para- 36 graphs one and two of this subdivision, the rent reserved in the last 37 effective lease or other rental agreement. 38 (4) For any plot or parcel of land which had been regulated pursuant 39 to the city rent and rehabilitation law prior to July first, nineteen 40 hundred seventy-one and which, 41 (i) became vacant on or after July first, nineteen hundred seventy-one 42 and prior to July first, nineteen hundred seventy-four, the rent 43 reserved in a lease or other rental agreement in effect on June thirti- 44 eth, nineteen hundred seventy-four plus increases authorized by the rent 45 guidelines board under this law for leases or other rental agreements 46 commencing thereafter; provided that such initial rent may be adjusted 47 on application of the tenant pursuant to subdivision b of section 26-513 48 of this chapter or, 49 (ii) became vacant on or after July first, nineteen hundred seventy- 50 four, the rent agreed to by the landlord and the tenant and reserved in 51 a lease or other rental agreement plus increases authorized by the rent 52 guidelines board under this law for leases or other rental agreements 53 commencing thereafter; provided that such initial rent shall not exceed 54 the average rent for a comparable rent regulated housing accommodation, 55 as determined by the commissioner, and may be adjusted on application of 56 the tenant pursuant to subdivision b of section 26-513 of this chapter.A. 7108 3 1 (iii) Where the commissioner has determined that the rent charged is 2 in excess of the lawful rents as stated in subparagraph (i) or (ii) 3 hereof, plus lawful increases thereafter, he or she shall provide for a 4 cash refund or a credit, to be applied against future rent, in the 5 amount of any rent overcharge collected by an owner and any penalties, 6 costs, attorneys' fees and interest from the date of the overcharge at 7 the rate of interest payable on a judgment pursuant to section five 8 thousand four of the civil practice law and rules for which the owner is 9 assessed. 10 § 3. This act shall take effect immediately, provided, however, that 11 the amendments to section 26-512 of the administrative code of the city 12 of New York made by section two of this act shall expire on the same 13 date as such chapter expires and shall not affect the expiration of such 14 chapter as provided under section 26-520 of such chapter.
