Bill Text: NY S06925 | 2017-2018 | General Assembly | Introduced

---

Bill Title: Relates to the establishment of rent adjustments.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S06925 Detail]

Download: New_York-2017-S06925-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          6925
                               2017-2018 Regular Sessions
                    IN SENATE
                                    October 20, 2017
                                       ___________
        Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
        AN ACT to amend the administrative code of the city of New York and  the
          emergency  housing  rent control law, in relation to the establishment
          of rent adjustments; and repealing certain provisions of the  adminis-
          trative code of the city of New York 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 of subdivision  a  of  section  26-405  of  the
     2  administrative  code  of  the  city  of  New  York is amended to read as
     3  follows:
     4    (5) Where a maximum rent established pursuant to this  chapter  on  or
     5  after  January  first,  nineteen hundred seventy-two, is higher than the
     6  previously existing maximum  rent,  the  landlord  may  not  collect  an
     7  increase  from a tenant in occupancy in any one year period of more than
     8  the lesser of either seven  and  one-half  percentum  [increase  from  a
     9  tenant in occupancy on such date in any one year period, provided howev-
    10  er,  that  where]  or  an average of the previous five years of one-year
    11  rent increases on rent stabilized apartments as established by the  rent
    12  guidelines  board,  pursuant  to subdivision b of section 26-510 of this
    13  title. If the period for which the rent is established exceeds one year,
    14  regardless of how the collection thereof is averaged over  such  period,
    15  the  rent  the  landlord  shall  be entitled to receive during the first
    16  twelve months shall not be increased by more than the lesser  of  either
    17  seven and one-half percentum or an average of the previous five years of
    18  one-year  rent increases on rent stabilized apartments as established by
    19  the rent guidelines board, pursuant to subdivision b of  section  26-510
    20  of this title, over the previous rent [and]. Any additional annual rents
    21  shall not exceed the lesser of either seven and one-half percentum or an
    22  average  of  the  previous five years of one-year rent increases on rent
    23  stabilized apartments as  established  by  the  rent  guidelines  board,
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01712-01-7
        S. 6925                             2
     1  pursuant  to  subdivision b of section 26-510 of this title, of the rent
     2  paid during the previous year.  Notwithstanding  any  of  the  foregoing
     3  limitations  in  this paragraph five, maximum rent shall be increased if
     4  ordered by the agency pursuant to subparagraphs (d), (e), (f), (g), (h),
     5  (i),  (k),  [(l),]  or (m) [or (n)] of paragraph one of subdivision g of
     6  this section. [Commencing January first, nineteen hundred  eighty,  rent
     7  adjustments pursuant to subparagraph (n) of paragraph one of subdivision
     8  g of this section shall be excluded from the maximum rent when computing
     9  the  seven  and one-half percentum increase authorized by this paragraph
    10  five.] Where a housing accommodation is vacant on January  first,  nine-
    11  teen  hundred  seventy-two,  or  becomes  vacant thereafter by voluntary
    12  surrender of possession by the tenants, the maximum rent established for
    13  such accommodations may be collected.
    14    § 2. Subparagraphs (l) and (n) of paragraph  1  of  subdivision  g  of
    15  section  26-405  of  the administrative code of the city of New York are
    16  REPEALED.
    17    § 3. Section 4 of chapter 274 of the laws of  1946,  constituting  the
    18  emergency  housing rent control law, is amended by adding a new subdivi-
    19  sion 9 to read as follows:
    20    9. No annual rent increase  authorized  pursuant  to  this  act  shall
    21  exceed  the average of the previous five annual rental increases author-
    22  ized by a rent guidelines board for a rent stabilized unit  pursuant  to
    23  section  4  of  the emergency tenant protection act of nineteen seventy-
    24  four.
    25    § 4. This act shall take effect on the one hundred eightieth day after
    26  it shall have become a law; provided  that  the  amendments  to  section
    27  26-405  of  the  city rent and rehabilitation law made by section one of
    28  this act shall remain in full force and  effect  only  as  long  as  the
    29  public  emergency  requiring  the  regulation and control of residential
    30  rents and evictions continues, as provided in subdivision 3 of section 1
    31  of the local emergency housing rent control act; and provided  that  the
    32  amendments  to  section 4 of the emergency housing rent control law made
    33  by section three of this act shall expire on the same date as  such  law
    34  expires  and  shall not affect the expiration of such law as provided in
    35  subdivision 2 of section 1 of chapter 274 of the laws of 1946.