Bill Text: NY S05046 | 2011-2012 | General Assembly | Introduced
Bill Title: Authorizes a rent increase for a rent regulated housing accommodation when a family member of the prior tenant executes a renewal lease for the same housing accommodation.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S05046 Detail]
Download: New_York-2011-S05046-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5046
2011-2012 Regular Sessions
I N S E N A T E
May 3, 2011
___________
Introduced by Sen. YOUNG -- 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 housing rent
control act, in relation to rent increases upon succession
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision f of section 26-512 of the administrative code
2 of the city of New York, as added by chapter 116 of the laws of 1997, is
3 amended to read as follows:
4 f. Notwithstanding any provision of this law to the contrary in the
5 case where all tenants named in a lease have permanently vacated a hous-
6 ing accommodation and a family member of such tenant or tenants is enti-
7 tled to and executes a renewal lease for the housing accommodation [if
8 such accommodation continues to be subject to this law after such family
9 member vacates, on the occurrence of such vacancy] the legal regulated
10 rent OF SUCH FAMILY MEMBER FOR SUCH RENEWAL LEASE shall be increased by
11 a sum equal to the allowance then in effect for vacancy leases, includ-
12 ing the amount allowed by paragraph (five-a) of subdivision c of section
13 26-511 of this law. Such increase shall be in addition to any other
14 increases provided for in this law including an adjustment based upon a
15 major capital improvement, or a substantial modification or increase of
16 dwelling space or services, or installation of new equipment or improve-
17 ments or new furniture or furnishings provided in or to the housing
18 accommodation pursuant to section 26-511 of this law and shall be appli-
19 cable in like manner to each [second] subsequent succession.
20 S 2. Subdivision g of section 6 of section 4 of chapter 576 of the
21 laws of 1974, constituting the emergency tenant protection act of nine-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10106-01-1
S. 5046 2
1 teen seventy-four, as added by chapter 116 of the laws of 1997, is
2 amended to read as follows:
3 g. Notwithstanding any provision of this act to the contrary in the
4 case where all tenants named in a lease have permanently vacated a hous-
5 ing accommodation and a family member of such tenant or tenants is enti-
6 tled to and executes a renewal lease for the housing accommodation [if
7 such accommodation continues to be subject to this act after such family
8 member vacates, on the occurrence of such vacancy] the legal regulated
9 rent OF SUCH FAMILY MEMBER FOR SUCH RENEWAL LEASE shall be increased by
10 a sum equal to the allowance then in effect for vacancy leases, includ-
11 ing the amount allowed by subdivision (a-1) of section ten of this act.
12 Such increase shall be in addition to any other increases provided for
13 in this act including an adjustment based upon a major capital improve-
14 ment, or a substantial modification or increase of dwelling space or
15 services, or installation of new equipment or improvements or new furni-
16 ture or furnishings provided in or to the housing accommodation, pursu-
17 ant to section six of this act and shall be applicable in like manner to
18 each [second] subsequent succession.
19 S 3. Subdivision 9 of section 5 of chapter 274 of the laws of 1946,
20 constituting the emergency housing rent control law, as added by chapter
21 116 of the laws of 1997, is amended to read as follows:
22 9. Notwithstanding any provision of this law to the contrary in the
23 case where all tenants occupying the housing accommodation on the effec-
24 tive date of this subdivision have vacated the housing accommodation and
25 a family member of such vacating tenant or tenants is entitled to and
26 continues to occupy the housing accommodation subject to the protections
27 of this law, if such accommodation continues to be subject to this law
28 after such family member vacates, on the occurrence of such vacancy the
29 maximum collectable rent OF SUCH FAMILY MEMBER OF SUCH TENANT OR TENANTS
30 shall be increased by a sum equal to the allowance then in effect for
31 vacancy leases for housing accommodations covered by the rent stabiliza-
32 tion law of nineteen hundred sixty-nine, including the amount allowed by
33 paragraph five-a of subdivision c of section 26-511 of such law. This
34 increase shall be in addition to any other increases provided in this
35 law including an adjustment based upon a major capital improvement, or a
36 substantial increase or decrease in dwelling space or a change in the
37 services, furniture, furnishings or equipment provided in the housing
38 accommodation, pursuant to section four of this law and shall be appli-
39 cable in like manner to each [second] subsequent succession.
40 S 4. Section 26-403.2 of the administrative code of the city of New
41 York, as added by chapter 116 of the laws of 1997, is amended to read as
42 follows:
43 S 26-403.2 Increase in maximum collectable rent. Notwithstanding any
44 provision of this law to the contrary in the case where all tenants
45 occupying the housing accommodation on the effective date of this
46 section have vacated the housing accommodation and a family member of
47 such vacating tenant or tenants is entitled to and continues to occupy
48 the housing accommodation subject to the protections of this law, if
49 such accommodation continues to be subject to this law after such family
50 member vacates, on the occurrence of such vacancy the maximum collecta-
51 ble rent OF SUCH FAMILY MEMBER OF SUCH TENANT OR TENANTS shall be
52 increased by a sum equal to the allowance then in effect for vacancy
53 leases for housing accommodations covered by the rent stabilization law
54 of nineteen hundred sixty-nine, including the amount allowed by para-
55 graph five-a of subdivision c of section 26-511 of such law. This
56 increase shall be in addition to any other increases provided for in
S. 5046 3
1 this law including an adjustment based upon a major capital improvement,
2 or a substantial increase or decrease in dwelling space or a change in
3 the services, furniture, furnishings or equipment provided in the hous-
4 ing accommodation, pursuant to section 26-405 of this law and shall be
5 applicable in like manner to each [second] subsequent succession.
6 S 5. The sixth undesignated paragraph of subdivision 5 of section 1 of
7 chapter 21 of the laws of 1962, constituting the local emergency housing
8 rent control act, as amended by chapter 82 of the laws of 2003, is
9 amended to read as follows:
10 Notwithstanding any provision of this act to the contrary, any local
11 law adopted pursuant to this act shall provide that notwithstanding any
12 provision of such local law in the case where all tenants occupying the
13 housing accommodation on the effective date of this paragraph have
14 vacated the housing accommodation and a family member of such vacating
15 tenant or tenants is entitled to and continues to occupy the housing
16 accommodation subject to the protections of such act, if such accommo-
17 dation continues to be subject to such act after such family member
18 vacates, on the occurrence of such vacancy the maximum collectable rent
19 OF SUCH FAMILY MEMBER OF SUCH TENANT OR TENANTS shall be increased by a
20 sum equal to the allowance then in effect for vacancy leases for housing
21 accommodations covered by the rent stabilization law of nineteen hundred
22 sixty-nine, including the amount allowed by paragraph (5-a) of subdivi-
23 sion c of section 26-511 of such law. This increase shall be in addition
24 to any other increases provided for in this act and shall be applicable
25 in like manner to each [second] subsequent succession.
26 S 6. This act shall take effect immediately, provided that:
27 (a) the amendments to subdivision f of section 26-512 of chapter 4 of
28 title 26 of the administrative code of the city of New York, made by
29 section one of this act shall expire on the same date as such law
30 expires and shall not affect the expiration of such law as provided
31 under section 26-520 of such law;
32 (b) the amendments to section 6 of the emergency tenant protection act
33 of nineteen seventy-four, made by section two of this act shall expire
34 on the same date as such act expires and shall not affect the expiration
35 of such act as provided in section 17 of chapter 576 of the laws of
36 1974;
37 (c) the amendments to section 5 of the emergency housing rent control
38 law made by section three of this act shall expire on the same date as
39 such law expires and shall not affect the expiration of such law as
40 provided in subdivision 2 of section 1 of chapter 274 of the laws of
41 1946;
42 (d) the amendments to section 26-403.2 of the city rent and rehabili-
43 tation law made by section four of this act shall remain in full force
44 and effect only as long as the public emergency requiring the regulation
45 and control of residential rents and evictions continues, as provided in
46 subdivision 3 of section 1 of the local emergency housing rent control
47 act; and
48 (e) the amendments to the sixth undesignated paragraph of subdivision
49 5 of section 1 of the local emergency housing rent control act, made by
50 section five of this act, shall not affect the effectiveness of such
51 undesignated paragraph and shall cease to be in full force and effect
52 pursuant to subdivision 3 of section 1 of such act.
