Bill Text: NY S00448 | 2011-2012 | General Assembly | Introduced

New York Senate Bill 448 (Prior Session Legislation)

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) 2012-03-12 - COMMITTEE DISCHARGED AND COMMITTED TO RULES [S00448 Detail]

Download: New_York-2011-S00448-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          448
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by  Sens. KRUEGER, DIAZ, HASSELL-THOMPSON, HUNTLEY, PERALTA,
         PERKINS, SERRANO, STAVISKY -- read twice and ordered printed, and when
         printed to be committed to the Committee on Housing, Construction  and
         Community Development
       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  added by chapter 82 of the laws of 2003, is
    4  amended to read as follows:
    5    [a-2.] (A-2) Provides that where the amount of  rent  charged  to  and
    6  paid by the tenant is less than the legal regulated rent for the housing
    7  accommodation,  the  amount of rent for such housing accommodation which
    8  may be charged [upon renewal or] upon vacancy thereof may, at the option
    9  of the owner, be based upon such previously established legal  regulated
   10  rent,  as  adjusted  by  [the  most  recent]  ALL  applicable guidelines
   11  increases and other increases authorized by law; PROVIDED, HOWEVER, THAT
   12  SUCH VACANCY SHALL NOT BE CAUSED BY THE FAILURE OF THE OWNER OR AN AGENT
   13  OF THE OWNER, TO MAINTAIN THE HOUSING ACCOMMODATION IN  COMPLIANCE  WITH
   14  THE WARRANTY OF HABITABILITY SET FORTH IN SUBDIVISION ONE OF SECTION TWO
   15  HUNDRED  THIRTY-FIVE-B  OF  THE REAL PROPERTY LAW.  Where, subsequent to
   16  vacancy, such legal regulated rent,  as  adjusted  by  the  most  recent
   17  applicable  guidelines  increases  and any other increases authorized by
   18  law is two thousand dollars or more per  month,  such  housing  accommo-
   19  dation  shall  be  excluded  from the provisions of this act pursuant to
   20  paragraph thirteen of subdivision a of section five of this act.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01227-01-1
       S. 448                              2
    1    S 2. Paragraph 14 of subdivision c of section 26-511 of  the  adminis-
    2  trative code of the city of New York, as added by chapter 82 of the laws
    3  of 2003, is amended to read as follows:
    4    (14) provides that where the amount of rent charged to and paid by the
    5  tenant  is  less  than the legal regulated rent for the housing accommo-
    6  dation, the amount of rent for such housing accommodation which  may  be
    7  charged [upon renewal or] upon vacancy thereof may, at the option of the
    8  owner,  be  based upon such previously established legal regulated rent,
    9  as adjusted by the most recent applicable guidelines increases  and  any
   10  other  increases authorized by law; PROVIDED, HOWEVER, THAT SUCH VACANCY
   11  SHALL NOT BE CAUSED BY THE FAILURE OF THE  OWNER  OR  AN  AGENT  OF  THE
   12  OWNER,  TO  MAINTAIN  THE  HOUSING  ACCOMMODATION IN COMPLIANCE WITH THE
   13  WARRANTY OF HABITABILITY SET FORTH IN SUBDIVISION  ONE  OF  SECTION  TWO
   14  HUNDRED  THIRTY-FIVE-B  OF  THE REAL PROPERTY LAW.  Where, subsequent to
   15  vacancy, such legal regulated rent, as adjusted by [the most recent] ALL
   16  applicable guidelines increases and any other  increases  authorized  by
   17  law  is  two  thousand  dollars or more per month, such housing accommo-
   18  dation shall be excluded from the provisions of  this  law  pursuant  to
   19  section 26-504.2 of this chapter.
   20    S  3.  This act shall take effect immediately; provided, however, that
   21  the amendments to section 10 of the emergency tenant protection  act  of
   22  nineteen  seventy-four  made  by section one of this act shall expire on
   23  the same date as such act expires and shall not affect the expiration of
   24  such act as provided in section 17 of chapter 576 of the laws  of  1974;
   25  and provided, further, that the amendments to section 26-511 of the rent
   26  stabilization  law of nineteen hundred sixty-nine made by section two of
   27  this act shall expire on the same date as such law expires and shall not
   28  affect the expiration of such law as provided under  section  26-520  of
   29  such law.