Bill Text: NY S05233 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to limited profit housing companies.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Introduced - Dead) 2016-01-06 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S05233 Detail]
Download: New_York-2015-S05233-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5233
2015-2016 Regular Sessions
I N S E N A T E
May 8, 2015
___________
Introduced by Sens. STEWART-COUSINS, ADDABBO, HASSELL-THOMPSON, HOYLMAN,
PARKER, PERALTA, PERKINS, SERRANO, 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 emergency tenant protection act of nineteen seven-
ty-four, in relation to limited-profit housing companies and other
buildings or structures which received project-based rental assistance
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 extending to certain cities, towns and villages the authority to
7 provide for the regulation of rents and evictions with regard to housing
8 accommodations that cease or have ceased to be regulated pursuant to
9 article 2 of the private housing finance law, known as the Mitchell-Lama
10 law, or pursuant to project-based section eight contracts entered into
11 with the federal government.
12 The legislature further recognizes that severe disruption of the
13 rental housing market has occurred and threatens to be exacerbated as a
14 result of the abrupt termination of rent and eviction regulation when
15 buildings exit the Mitchell-Lama program or when buildings cease to be
16 subject to project-based section eight contracts. The situation had
17 permitted speculative and profiteering practices and has brought about
18 the loss of vital and irreplaceable affordable housing for working
19 persons and families.
20 The legislature therefore declares that in order to prevent uncertain-
21 ty, potential hardship and dislocation of tenants living in housing
22 accommodations subject to government regulations as to rentals and
23 continued occupancy as well as those not subject to such regulations,
24 the provisions of this act are necessary to protect the public health,
25 safety and general welfare. The necessity in the public interest for the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02561-01-5
S. 5233 2
1 provisions hereinafter enacted is hereby declared as a matter of legis-
2 lative determination.
3 S 2. Section 5 of section 4 of chapter 576 of the laws of 1974 consti-
4 tuting the emergency tenant protection act of nineteen seventy-four is
5 amended by adding a new subdivision c to read as follows:
6 C. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NOTHING SHALL
7 PREVENT THE DECLARATION OF AN EMERGENCY PURSUANT TO SECTION THREE OF
8 THIS ACT FOR RENTAL HOUSING ACCOMMODATIONS LOCATED IN BUILDINGS OR
9 STRUCTURES COMPLETED OR SUBSTANTIALLY RENOVATED AS FAMILY UNITS ON OR
10 AFTER JANUARY FIRST, NINETEEN HUNDRED SEVENTY-FOUR: (I) WHICH HAVE OR
11 HAD BEEN OWNED, LEASED OR OPERATED BY A COMPANY ESTABLISHED OR OPERATING
12 UNDER ARTICLE TWO OF THE PRIVATE HOUSING FINANCE LAW, OTHER THAN A MUTU-
13 AL COMPANY, AND WHICH ARE NO LONGER OWNED, LEASED OR OPERATED BY SUCH
14 COMPANY BY REASON OF A VOLUNTARY DISSOLUTION PURSUANT TO SECTION THIR-
15 TY-FIVE OF SUCH LAW OR (II) WHICH WERE DEFINED AS COVERED PROJECTS
16 PURSUANT TO SECTION 8 OF THE UNITED STATES HOUSING ACT OF NINETEEN THIR-
17 TY-SEVEN, AS AMENDED, OR ANY SUCCESSOR STATUTE, AND ANY REGULATIONS
18 PROMULGATED THEREUNDER IN WHICH RENTAL HOUSING ACCOMMODATIONS RECEIVED
19 PROJECT-BASED RENTAL ASSISTANCE FROM THE UNITED STATES DEPARTMENT OF
20 HOUSING AND URBAN DEVELOPMENT PURSUANT TO CONTRACTS WITH THE OWNERS OF
21 SUCH BUILDINGS OR STRUCTURES WHICH EXPIRED OR WERE TERMINATED. THE
22 INITIAL LEGAL REGULATED RENT FOR HOUSING ACCOMMODATIONS LOCATED IN
23 BUILDINGS OR STRUCTURES THAT HAVE OR HAD BEEN OWNED, LEASED OR OPERATED
24 BY HOUSING COMPANIES OR THAT WERE COVERED PROJECTS PREVIOUSLY REGULATED
25 UNDER THE PRIVATE HOUSING FINANCE LAW OR UNDER FEDERAL LAW, SHALL BE THE
26 RENT CHARGED TO AND PAID BY THE TENANT IN OCCUPANCY ON JANUARY FIRST,
27 TWO THOUSAND SEVEN OR, FOR ACCOMMODATIONS VACANT ON SUCH DATE, THE MOST
28 RECENT RENT CHARGED TO AND PAID BY A TENANT PRIOR TO SUCH DATE, INCLUD-
29 ING ANY INCOME-RELATED SURCHARGES, AS ADJUSTED BY ALL APPLICABLE GUIDE-
30 LINES INCREASES AND OTHER INCREASES AUTHORIZED BY LAW, NOTWITHSTANDING
31 ANY WRITTEN LEASE OR AGREEMENT BETWEEN THE TENANT AND THE LANDLORD
32 ESTABLISHING OR AGREEING TO ANY INCREASES IN RENT ON OR AFTER JANUARY
33 FIRST, TWO THOUSAND SEVEN, PROVIDED NO LANDLORD SHALL BE REQUIRED TO
34 REFUND ANY RENT PAID BY A TENANT IN EXCESS OF SUCH ADJUSTED RENT.
35 S 3. The provisions of subdivision a of section 9 of the emergency
36 tenant protection act of nineteen seventy-four or of subdivision a of
37 section 26-513 of the administrative code of the city of New York shall
38 not apply to any housing accommodation which became subject to the emer-
39 gency tenant protection act of nineteen seventy-four pursuant to the
40 provisions of subdivision c of section 5 of section 4 of chapter 576 of
41 the laws of 1974, as added by section two of this act, or to any such
42 housing accommodation otherwise subject to the emergency tenant
43 protection act of nineteen seventy-four by reason of its location in a
44 building completed or substantially renovated as family units prior to
45 January first, nineteen hundred seventy-four.
46 S 4. This act shall take effect immediately and shall apply to housing
47 accommodations located in buildings or structures owned by housing
48 companies that dissolved on, before or after such date and to housing
49 accommodations in buildings or structures that were covered projects and
50 had contracts for rental assistance that expired or were terminated on,
51 before or after such date; provided that the amendments to section 5 of
52 the emergency tenant protection act of nineteen seventy-four made by
53 section two of this act shall expire on the same date as such act
54 expires and shall not affect the expiration of such act as provided in
55 section 17 of chapter 576 of the laws of 1974.
