Bill Text: NY S02591 | 2019-2020 | General Assembly | Amended
Bill Title: Makes conforming technical changes to the New York City administrative code and the emergency tenant protection act relating to vacancy decontrol.
Spectrum: Partisan Bill (Democrat 25-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S02591 Detail]
Download: New_York-2019-S02591-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 2591--A 2019-2020 Regular Sessions IN SENATE January 28, 2019 ___________ Introduced by Sens. STEWART-COUSINS, ADDABBO, BAILEY, BENJAMIN, GIANAR- IS, HOYLMAN, KAVANAGH, KRUEGER, LIU, MAYER, MONTGOMERY, PARKER, PERSAUD, RIVERA, SANDERS, SEPULVEDA, SERRANO, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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. Legislative findings and declaration of emergency. The 2 legislature hereby finds and declares that the serious public emergency 3 which led to the enactment of the existing laws regulating residential 4 rents and evictions continues to exist; that such laws would better 5 serve the public interest if certain changes were made thereto, includ- 6 ing the continued regulation of certain housing accommodations that 7 become vacant and the reinstatement of regulation of certain housing 8 accommodations that have been deregulated upon vacancy. 9 The legislature further recognizes that severe disruption of the 10 rental housing market has occurred and threatens to be exacerbated as a 11 result of the present state of the law in relation to the deregulation 12 of housing accommodations upon vacancy. The situation has permitted EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05084-02-9S. 2591--A 2 1 speculative and profiteering practices and has brought about the loss of 2 vital and irreplaceable affordable housing for working persons and fami- 3 lies. 4 The legislature therefore declares that in order to prevent uncertain- 5 ty, potential hardship and dislocation of tenants living in housing 6 accommodations subject to government regulations as to rentals and 7 continued occupancy as well as those not subject to such regulation, the 8 provisions of this act are necessary to protect the public health, safe- 9 ty and general welfare. The necessity in the public interest for the 10 provisions hereinafter enacted is hereby declared as a matter of legis- 11 lative determination. 12 § 2. Paragraph (n) of subdivision 2 of section 2 of chapter 274 of the 13 laws of 1946, constituting the emergency housing rent control law, is 14 REPEALED. 15 § 3. Paragraph 13 of subdivision a of section 5 of section 4 of chap- 16 ter 576 of the laws of 1974, constituting the emergency tenant 17 protection act of nineteen seventy-four, is REPEALED. 18 § 4. Subparagraph (k) of paragraph 2 of subdivision e of section 19 26-403 of the administrative code of the city of New York is REPEALED. 20 § 5. Section 26-504.2 of the administrative code of the city of New 21 York is REPEALED. 22 § 6. Any housing accommodations that prior to the effective date of 23 this act were excluded from coverage from the emergency tenant 24 protection act of nineteen seventy-four, the emergency housing rent 25 control law or the administrative code of the city of New York pursuant 26 to the provisions of law repealed by sections two, three, four and five 27 of this act, and where such housing accommodations were located outside 28 the city of New York and were rented to a tenant between January 1, 2013 29 and the effective date of this act for less than $3,500.00 per month 30 regardless of any subsequent payment of a higher monthly rent, or were 31 located within the city of New York and were rented to a tenant between 32 January 1, 2013 and the effective date of this act for less than 33 $5,000.00 per month, regardless of any subsequent payment of a higher 34 monthly rent, shall be subject to the provisions of such act, law or 35 administrative code, respectively. Notwithstanding the provisions of 36 any lease or rental agreement, the legal regulated rent or maximum 37 collectible rent of any housing accommodation excluded from regulation 38 prior to the effective date of this act by reason of the provisions 39 repealed by sections two, three, four and five of this act and made 40 subject to regulation shall be the actual rent paid by a tenant on 41 December 31, 2014 or, if no rent was paid for such accommodation on 42 December 31, 2014, the most recent actual rent paid by a tenant for such 43 accommodation prior to December 31, 2014, subject to further adjustment 44 in accordance with applicable provisions of law. 45 § 7. Paragraph 14 of subdivision c of section 26-511 of the adminis- 46 trative code of the city of New York, as amended by section 12 of part A 47 of chapter 20 of the laws of 2015, is amended to read as follows: 48 (14) provides that where the amount of rent charged to and paid by the 49 tenant is less than the legal regulated rent for the housing accommo- 50 dation, the amount of rent for such housing accommodation which may be 51 charged upon renewal or upon vacancy thereof, may, at the option of the 52 owner, be based upon such previously established legal regulated rent, 53 as adjusted by the most recent applicable guidelines increases and any 54 other increases authorized by law. [Such housing accommodation shall be55excluded from the provisions of this code pursuant to section 26-504.256of this chapter when, subsequent to vacancy: (i) such legal regulatedS. 2591--A 3 1rent prior to vacancy is two thousand five hundred dollars per month, or2more, for any housing accommodation that is or becomes vacant after the3effective date of the rent act of 2011 but prior to the effective date4of the rent act of 2015 or (ii) such legal regulated rent is two thou-5sand seven hundred dollars per month or more, provided, however that on6January 1, 2016, and annually thereafter, the maximum legal regulated7rent for this deregulation threshold shall be adjusted by the same8percentage as the most recent one year renewal adjustment as adjusted by9the relevant rent guidelines board, for any housing accommodation that10is or becomes vacant on or after the rent act of 2015.] 11 § 8. Subdivision (a-2) of section 10 of section 4 of chapter 576 of 12 the laws of 1974 constituting the emergency tenant protection act of 13 nineteen seventy-four, as amended by section 11 of part A of chapter 20 14 of the laws of 2015, is amended to read as follows: 15 (a-2) Provides that where the amount of rent charged to and paid by 16 the tenant is less than the legal regulated rent for the housing accom- 17 modation, the amount of rent for such housing accommodation which may be 18 charged upon renewal or upon vacancy thereof, may, at the option of the 19 owner, be based upon such previously established legal regulated rent, 20 as adjusted by the most recent applicable guidelines increases and other 21 increases authorized by law. [Such housing accommodation shall be22excluded from the provisions of this act pursuant to paragraph thirteen23of subdivision a of section five of this act when subsequent to vacancy:24(i) such legal regulated rent is two thousand five hundred dollars per25month, or more, for any housing accommodation that is, or becomes,26vacant after the effective date of the rent act of 2011 but prior to the27effective date of the rent act of 2015 or (ii) such legal regulated rent28is two thousand seven hundred dollars per month or more for any housing29accommodation that is or becomes vacant on or after the rent act of302015; starting on January 1, 2016, and annually thereafter, the maximum31legal regulated rent for this deregulation threshold, shall also be32increased by the same percent as the most recent one year renewal33adjustment, adopted by the applicable rent guidelines board pursuant to34the rent stabilization law.] 35 § 9. This act shall take effect immediately; provided, however, that: 36 (a) the amendments to section 26-511 of chapter 4 of title 26 of the 37 administrative code of the city of New York made by section seven of 38 this act shall expire on the same date as such law expires and shall not 39 affect the expiration of such law as provided under section 26-520 of 40 such law; and 41 (b) the amendments to subdivision (a-2) of section 10 of section 4 of 42 the emergency tenant protection act of nineteen seventy-four made by 43 section eight of this act shall expire on the same date as such act 44 expires and shall not affect the expiration of such act as provided in 45 section 17 of chapter 576 of the laws of 1974.