Bill Text: NY S01593 | 2017-2018 | General Assembly | Introduced
Bill Title: Repeals provisions permitting rent increases after vacancy of a housing accommodation.
Spectrum: Partisan Bill (Democrat 23-0)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S01593 Detail]
Download: New_York-2017-S01593-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1593 2017-2018 Regular Sessions IN SENATE January 10, 2017 ___________ Introduced by Sens. SERRANO, HAMILTON, HOYLMAN, KRUEGER, PARKER, PERAL- TA, PERKINS, SANDERS, SQUADRON -- 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 administrative code of the city of New York, the emergency tenant protection act of nineteen seventy-four, the emergen- cy housing rent control law and the local emergency rent control act, in relation to rent increases after vacancy of a housing accommo- dation; and to repeal certain provisions of the administrative code of the city of New York and the emergency tenant protection act of nine- teen seventy-four relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph 5-a of subdivision c of section 26-511 of the 2 administrative code of the city of New York is REPEALED. 3 § 2. Subdivision (a-1) of section 10 of section 4 of chapter 576 of 4 the laws of 1974, constituting the emergency tenant protection act of 5 nineteen seventy-four is REPEALED. 6 § 3. Subdivision f of section 26-512 of the administrative code of the 7 city of New York, as added by chapter 116 of the laws of 1997, is 8 amended to read as follows: 9 f. Notwithstanding any provision of this law to the contrary in the 10 case where all tenants named in a lease have permanently vacated a hous- 11 ing accommodation and a family member of such tenant or tenants is enti- 12 tled to and executes a renewal lease for the housing accommodation if 13 such accommodation continues to be subject to this law after such family 14 member vacates, on the occurrence of such vacancy the legal regulated 15 rent shall be increased by a sum equal to the allowance then in effect 16 for vacancy leases[, including the amount allowed by paragraph (five-a)17of subdivision c of section 26-511 of this law]. Such increase shall be 18 in addition to any other increases provided for in this law including an 19 adjustment based upon a major capital improvement, or a substantial 20 modification or increase of dwelling space or services, or installation 21 of new equipment or improvements or new furniture or furnishings EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01122-01-7S. 1593 2 1 provided in or to the housing accommodation pursuant to section 26-511 2 of this law and shall be applicable in like manner to each second subse- 3 quent succession. 4 § 4. Subdivision g of section 6 of section 4 of chapter 576 of the 5 laws of 1974, constituting the emergency tenant protection act of nine- 6 teen seventy-four, as added by chapter 116 of the laws of 1997, is 7 amended to read as follows: 8 g. Notwithstanding any provision of this act to the contrary in the 9 case where all tenants named in a lease have permanently vacated a hous- 10 ing accommodation and a family member of such tenant or tenants is enti- 11 tled to and executes a renewal lease for the housing accommodation if 12 such accommodation continues to be subject to this act after such family 13 member vacates, on the occurrence of such vacancy the legal regulated 14 rent shall be increased by a sum equal to the allowance then in effect 15 for vacancy leases[, including the amount allowed by subdivision (a-1)16of section ten of this act]. Such increase shall be in addition to any 17 other increases provided for in this act including an adjustment based 18 upon a major capital improvement, or a substantial modification or 19 increase of dwelling space or services, or installation of new equipment 20 or improvements or new furniture or furnishings provided in or to the 21 housing accommodation, pursuant to this section [six of this act] and 22 shall be applicable in like manner to each second subsequent succession. 23 § 5. Subdivision 9 of section 5 of chapter 274 of the laws of 1946, 24 constituting the emergency housing rent control law, as added by chapter 25 116 of the laws of 1997, is amended to read as follows: 26 9. Notwithstanding any provision of this law to the contrary in the 27 case where all tenants occupying the housing accommodation on the effec- 28 tive date of this subdivision have vacated the housing accommodation and 29 a family member of such vacating tenant or tenants is entitled to and 30 continues to occupy the housing accommodation subject to the protections 31 of this law, if such accommodation continues to be subject to this law 32 after such family member vacates, on the occurrence of such vacancy the 33 maximum collectable rent shall be increased by a sum equal to the allow- 34 ance then in effect for vacancy leases for housing accommodations 35 covered by the rent stabilization law of nineteen hundred sixty-nine[,36including the amount allowed by paragraph five-a of subdivision c of37section 26-511 of such law]. This increase shall be in addition to any 38 other increases provided in this law including an adjustment based upon 39 a major capital improvement, or a substantial increase or decrease in 40 dwelling space or a change in the services, furniture, furnishings or 41 equipment provided in the housing accommodation, pursuant to section 42 four of this law and shall be applicable in like manner to each second 43 subsequent succession. 44 § 6. Section 26-403.2 of the administrative code of the city of New 45 York, as added by chapter 116 of the laws of 1997, is amended to read as 46 follows: 47 § 26-403.2 Increase in maximum collectable rent. Notwithstanding any 48 provision of this law to the contrary in the case where all tenants 49 occupying the housing accommodation on the effective date of this 50 section have vacated the housing accommodation and a family member of 51 such vacating tenant or tenants is entitled to and continues to occupy 52 the housing accommodation subject to the protections of this law, if 53 such accommodation continues to be subject to this law after such family 54 member vacates, on the occurrence of such vacancy the maximum collecta- 55 ble rent shall be increased by a sum equal to the allowance then in 56 effect for vacancy leases for housing accommodations covered by the rentS. 1593 3 1 stabilization law of nineteen hundred sixty-nine[, including the amount2allowed by paragraph five-a of subdivision c of section 26-511 of such3law]. This increase shall be in addition to any other increases provided 4 for in this law including an adjustment based upon a major capital 5 improvement, or a substantial increase or decrease in dwelling space or 6 a change in the services, furniture, furnishings or equipment provided 7 in the housing accommodation, pursuant to section 26-405 of this law and 8 shall be applicable in like manner to each second subsequent succession. 9 § 7. The sixth undesignated paragraph of subdivision 5 of section 1 of 10 chapter 21 of the laws of 1962, constituting the local emergency rent 11 control act, as amended by chapter 82 of the laws of 2003, is amended to 12 read as follows: 13 Notwithstanding any provision of this act to the contrary, any local 14 law adopted pursuant to this act shall provide that notwithstanding any 15 provision of such local law in the case where all tenants occupying the 16 housing accommodation on the effective date of this paragraph have 17 vacated the housing accommodation and a family member of such vacating 18 tenant or tenants is entitled to and continues to occupy the housing 19 accommodation subject to the protections of such act, if such accommo- 20 dation continues to be subject to such act after such family member 21 vacates, on the occurrence of such vacancy the maximum collectable rent 22 shall be increased by a sum equal to the allowance then in effect for 23 vacancy leases for housing accommodations covered by the rent stabiliza- 24 tion law of nineteen hundred sixty-nine[, including the amount allowed25by paragraph (5-a) of subdivision c of section 26-511 of such law]. This 26 increase shall be in addition to any other increases provided for in 27 this act and shall be applicable in like manner to each second subse- 28 quent succession. 29 § 8. This act shall take effect immediately; provided that: 30 (a) the amendments to section 26-512 of chapter 4 of title 26 of the 31 administrative code of the city of New York made by section three of 32 this act shall expire on the same date as such law expires and shall not 33 affect the expiration of such law as provided under section 26-520 of 34 such law; and 35 (b) the amendments to section 6 of the emergency tenant protection act 36 of nineteen seventy-four made by section four of this act shall expire 37 on the same date as such act expires and shall not affect the expiration 38 of such act as provided in section 17 of chapter 576 of the laws of 39 1974; and 40 (c) the amendments to section 5 of the emergency housing rent control 41 law made by section five of this act shall expire on the same date as 42 such law expires and shall not affect the expiration of such law as 43 provided in subdivision 2 of section 1 of chapter 274 of the laws of 44 1946; and 45 (d) the amendments to section 26-403.2 of the city rent and rehabili- 46 tation law made by section six of this act shall remain in full force 47 and effect only as long as the public emergency requiring the regulation 48 and control of residential rents and evictions continues, as provided in 49 subdivision 3 of section 1 of the local emergency housing rent control 50 act; and 51 (e) the amendments to subdivision 5 of section 1 of the local emergen- 52 cy housing rent control act, made by section seven of this act, shall 53 not affect the effectiveness of such subdivision and shall cease to be 54 in full force and effect pursuant to subdivision 3 of section 1 of such 55 act.