Bill Text: NY S08090 | 2015-2016 | General Assembly | Introduced
Bill Title: Makes technical corrections to rent control provisions; repeals certain provisions relating to real property tax abatements.
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2016-06-15 - referred to housing [S08090 Detail]
Download: New_York-2015-S08090-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8090 IN SENATE June 11, 2016 ___________ Introduced by COMMITTEE ON RULES -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the emergency housing rent control law, the emergency tenant protection act of nineteen seventy-four, and the administrative code of the city of New York, in relation to making technical corrections; and to repeal section 467-i of the real property tax law relating to real property tax abatement The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (n) of subdivision 2 of section 2 of chapter 274 2 of the laws of 1946, constituting the emergency housing rent control 3 law, as amended by section 7 of part A of chapter 20 of the laws of 4 2015, is amended to read as follows: 5 (n) any housing accommodation with a maximum rent of two thousand 6 dollars or more per month at any time between the effective date of this 7 paragraph and October first, nineteen hundred ninety-three which is or 8 becomes vacant on or after the effective date of this paragraph; or, for 9 any housing accommodation with a maximum rent of two thousand dollars or 10 more per month at any time on or after the effective date of the rent 11 regulation reform act of 1997 and before the effective date of the rent 12 act of 2011, which is or becomes vacant on or after the effective date 13 of the rent regulation reform act of 1997 and before the effective date 14 of the rent act of 2011. This exclusion shall apply regardless of wheth- 15 er the next tenant in occupancy or any subsequent tenant in occupancy is 16 charged or pays less than two thousand dollars a month; or, for any 17 housing accommodation with a maximum rent of two thousand five hundred 18 dollars or more per month at any time on or after the effective date of 19 the rent act of 2011, which is or becomes vacant on or after such effec- 20 tive date, but prior to the effective date of the rent act of 2015; or, 21 any housing accommodation with a legal regulated rent [that was] of two 22 thousand seven hundred dollars or more per month at any time on or after 23 the effective date of the rent act of 2015, which becomes vacant after 24 the effective date of the rent act of 2015, provided, however, that 25 starting on January 1, 2016, and annually thereafter, the maximum legal EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14959-02-6S. 8090 2 1 regulated rent for this deregulation threshold, shall also be increased 2 by the same percentage as the most recent one year renewal adjustment, 3 adopted by the applicable rent guidelines board. This exclusion shall 4 apply regardless of whether the next tenant in occupancy or any subse- 5 quent tenant in occupancy actually is charged or pays less than two 6 thousand seven hundred dollars, as adjusted by the applicable rent 7 guidelines board, per month. An exclusion pursuant to this paragraph 8 shall not apply, however, to or become effective with respect to housing 9 accommodations which the commissioner determines or finds that the land- 10 lord or any person acting on his or her behalf, with intent to cause the 11 tenant to vacate, has engaged in any course of conduct (including, but 12 not limited to, interruption or discontinuance of required services) 13 which interfered with or disturbed or was intended to interfere with or 14 disturb the comfort, repose, peace or quiet of the tenant in his or her 15 use or occupancy of the housing accommodations and in connection with 16 such course of conduct, any other general enforcement provision of this 17 law shall also apply. 18 § 2. Paragraph 13 of subdivision a of section 5 of section 4 of chap- 19 ter 576 of the laws of 1974, constituting the emergency tenant 20 protection act of nineteen seventy-four, as amended by section 8 of part 21 A of chapter 20 of the laws of 2015, is amended to read as follows: 22 (13) any housing accommodation with a legal regulated rent of two 23 thousand dollars or more per month at any time between the effective 24 date of this paragraph and October first, nineteen hundred ninety-three 25 which is or becomes vacant on or after the effective date of this para- 26 graph; or, for any housing accommodation with a legal regulated rent of 27 two thousand dollars or more per month at any time on or after the 28 effective date of the rent regulation reform act of 1997 and before the 29 effective date of the rent act of 2011, which is or becomes vacant on or 30 after the effective date of the rent regulation reform act of 1997 and 31 before the effective date of the rent act of 2011. This exclusion shall 32 apply regardless of whether the next tenant in occupancy or any subse- 33 quent tenant in occupancy is charged or pays less than two thousand 34 dollars a month; or, for any housing accommodation with a legal regu- 35 lated rent of two thousand five hundred dollars or more per month at any 36 time on or after the effective date of the rent act of 2011, which is or 37 becomes vacant on or after such effective date, but prior to the effec- 38 tive date of the rent act of 2015; or, any housing accommodation with a 39 legal regulated rent [that was] of two thousand seven hundred dollars or 40 more per month at any time on or after the effective date of the rent 41 act of 2015, which becomes vacant after the effective date of the rent 42 act of 2015, provided, however, that starting on January 1, 2016, and 43 annually thereafter, the maximum legal regulated rent for this deregu- 44 lation threshold, shall also be increased by the same percentage as the 45 most recent one year renewal adjustment, adopted by the applicable rent 46 guidelines board. An exclusion pursuant to this paragraph shall apply 47 regardless of whether the next tenant in occupancy or any subsequent 48 tenant in occupancy actually is charged or pays less than two thousand 49 seven hundred dollars a month. Provided however, that an exclusion 50 pursuant to this paragraph shall not apply to housing accommodations 51 which became or become subject to this act (a) by virtue of receiving 52 tax benefits pursuant to section four hundred twenty-one-a or four 53 hundred eighty-nine of the real property tax law, except as otherwise 54 provided in subparagraph (i) of paragraph (f) of subdivision two of 55 section four hundred twenty-one-a of the real property tax law, or (b) 56 by virtue of article seven-C of the multiple dwelling law. This para-S. 8090 3 1 graph shall not apply, however, to or become effective with respect to 2 housing accommodations which the commissioner determines or finds that 3 the landlord or any person acting on his or her behalf, with intent to 4 cause the tenant to vacate, has engaged in any course of conduct 5 (including, but not limited to, interruption or discontinuance of 6 required services) which interfered with or disturbed or was intended to 7 interfere with or disturb the comfort, repose, peace or quiet of the 8 tenant in his or her use or occupancy of the housing accommodations and 9 in connection with such course of conduct, any other general enforcement 10 provision of this act shall also apply. 11 § 3. Subparagraph (k) of paragraph 2 of subdivision e of section 12 26-403 of the administrative code of the city of New York, as amended by 13 section 9 of part A of chapter 20 of the laws of 2015, is amended to 14 read as follows: 15 (k) Any housing accommodation which becomes vacant on or after April 16 first, nineteen hundred ninety-seven and before the effective date of 17 the rent act of 2011, and where at the time the tenant vacated such 18 housing accommodation the maximum rent was two thousand dollars or more 19 per month; or, for any housing accommodation which is or becomes vacant 20 on or after the effective date of the rent regulation reform act of 1997 21 and before the effective date of the rent act of 2011 with a maximum 22 rent of two thousand dollars or more per month. This exclusion shall 23 apply regardless of whether the next tenant in occupancy or any subse- 24 quent tenant in occupancy is charged or pays less than two thousand 25 dollars a month; or, for any housing accommodation with a maximum rent 26 of two thousand five hundred dollars or more per month at any time on or 27 after the effective date of the rent act of 2011, which is or becomes 28 vacant on or after such effective date, but prior to the effective date 29 of the rent act of 2015; or, any housing accommodation with a legal 30 regulated rent [that was] of two thousand seven hundred dollars or more 31 per month at any time on or after the effective date of the rent act of 32 2015, which becomes vacant after the effective date of the rent act of 33 2015, provided, however, that starting on January 1, 2016, and annually 34 thereafter, the maximum legal regulated rent for this deregulation 35 threshold, shall also be increased by the same percent as the most 36 recent one year renewal adjustment, adopted by the New York city rent 37 guidelines board pursuant to the rent stabilization law. This exclusion 38 shall apply regardless of whether the next tenant in occupancy or any 39 subsequent tenant in occupancy actually is charged or pays less than two 40 thousand seven hundred dollars a month. Provided however, that an exclu- 41 sion pursuant to this subparagraph shall not apply to housing accommo- 42 dations which became or become subject to this law by virtue of receiv- 43 ing tax benefits pursuant to section four hundred eighty-nine of the 44 real property tax law. This subparagraph shall not apply, however, to or 45 become effective with respect to housing accommodations which the 46 commissioner determines or finds that the landlord or any person acting 47 on his or her behalf, with intent to cause the tenant to vacate, has 48 engaged in any course of conduct (including, but not limited to, inter- 49 ruption or discontinuance of required services) which interfered with or 50 disturbed or was intended to interfere with or disturb the comfort, 51 repose, peace or quiet of the tenant in his or her use or occupancy of 52 the housing accommodations and in connection with such course of 53 conduct, any other general enforcement provision of this law shall also 54 apply.S. 8090 4 1 § 4. Section 26-504.2 of the administrative code of the city of New 2 York, as amended by section 10 of part A of chapter 20 of the laws of 3 2015, is amended to read as follows: 4 § 26-504.2 Exclusion of high rent accommodations. a. "Housing accommo- 5 dations" shall not include: any housing accommodation which becomes 6 vacant on or after April first, nineteen hundred ninety-seven and before 7 the effective date of the rent act of 2011 and where at the time the 8 tenant vacated such housing accommodation the legal regulated rent was 9 two thousand dollars or more per month; or, for any housing accommo- 10 dation which is or becomes vacant on or after the effective date of the 11 rent regulation reform act of 1997 and before the effective date of the 12 rent act of 2011, with a legal regulated rent of two thousand dollars or 13 more per month; or for any housing accommodation that becomes vacant on 14 or after the effective date of the rent act of 2015, [where such] with a 15 legal regulated rent [was] of two thousand seven hundred dollars or 16 more, and as further adjusted by this section. Starting on January 1, 17 2016, and annually thereafter, the maximum legal regulated rent for this 18 deregulation threshold, shall also be increased by the same percent as 19 the most recent one year renewal adjustment, adopted by the New York 20 city rent guidelines board pursuant to the rent stabilization law. This 21 exclusion shall apply regardless of whether the next tenant in occupancy 22 or any subsequent tenant in occupancy is charged or pays less than two 23 thousand dollars a month; or, for any housing accommodation with a legal 24 regulated rent of two thousand five hundred dollars or more per month at 25 any time on or after the effective date of the rent act of 2011, which 26 is or becomes vacant on or after such effective date, but prior to the 27 effective date of the rent act of 2015; or, any housing accommodation 28 with a legal regulated rent [that was] of two thousand seven hundred 29 dollars or more per month at any time on or after the effective date of 30 the rent act of 2015, which becomes vacant after the effective date of 31 the rent act of 2015, provided, however, that starting on January 1, 32 2016, and annually thereafter, such legal regulated rent for this dereg- 33 ulation threshold, shall also be increased by the same percentage as the 34 most recent one year renewal adjustment, adopted by the New York city 35 rent guidelines board. This exclusion shall apply regardless of whether 36 the next tenant in occupancy or any subsequent tenant in occupancy actu- 37 ally is charged or pays less than two thousand seven hundred dollars, as 38 adjusted by the applicable rent guidelines board, a month. Provided 39 however, that an exclusion pursuant to this subdivision shall not apply 40 to housing accommodations which became or become subject to this law (a) 41 by virtue of receiving tax benefits pursuant to section four hundred 42 twenty-one-a or four hundred eighty-nine of the real property tax law, 43 except as otherwise provided in subparagraph (i) of paragraph (f) of 44 subdivision two of section four hundred twenty-one-a of the real proper- 45 ty tax law, or (b) by virtue of article seven-C of the multiple dwelling 46 law. This section shall not apply, however, to or become effective with 47 respect to housing accommodations which the commissioner determines or 48 finds that the landlord or any person acting on his or her behalf, with 49 intent to cause the tenant to vacate, engaged in any course of conduct 50 (including, but not limited to, interruption or discontinuance of 51 required services) which interfered with or disturbed or was intended to 52 interfere with or disturb the comfort, repose, peace or quiet of the 53 tenant in his or her use or occupancy of the housing accommodations and 54 in connection with such course of conduct, any other general enforcement 55 provision of this law shall also apply.S. 8090 5 1 b. The owner of any housing accommodation that is not subject to this 2 law pursuant to the provisions of subdivision a of this section or 3 subparagraph k of paragraph 2 of subdivision e of section 26-403 of this 4 code shall give written notice certified by such owner to the first 5 tenant of that housing accommodation after such housing accommodation 6 becomes exempt from the provisions of this law or the city rent and 7 rehabilitation law. Such notice shall contain the last regulated rent, 8 the reason that such housing accommodation is not subject to this law or 9 the city rent and rehabilitation law, a calculation of how either the 10 rental amount charged when there is no lease or the rental amount 11 provided for in the lease has been derived so as to reach two thousand 12 dollars or more per month or, for a housing accommodation with a legal 13 regulated rent or maximum rent of two thousand five hundred dollars or 14 more per month on or after the effective date of the rent act of 2011, 15 and before the effective date of the rent act of 2015, which is or 16 becomes vacant on or after such effective date, whether the next tenant 17 in occupancy or any subsequent tenant in occupancy actually is charged 18 or pays less than a legal regulated rent or maximum rent of two thousand 19 five hundred dollars or more per month, or two thousand seven hundred 20 dollars or more, per month, starting on January 1, 2016, and annually 21 thereafter, the maximum legal regulated rent for this deregulation 22 threshold, shall also be increased by the same percent as the most 23 recent one year renewal adjustment, adopted by the New York city rent 24 guidelines board pursuant to the rent stabilization law, a statement 25 that the last legal regulated rent or the maximum rent may be verified 26 by the tenant by contacting the state division of housing and community 27 renewal, or any successor thereto, and the address and telephone number 28 of such agency, or any successor thereto. Such notice shall be sent by 29 certified mail within thirty days after the tenancy commences or after 30 the signing of the lease by both parties, whichever occurs first or 31 shall be delivered to the tenant at the signing of the lease. In addi- 32 tion, the owner shall send and certify to the tenant a copy of the 33 registration statement for such housing accommodation filed with the 34 state division of housing and community renewal indicating that such 35 housing accommodation became exempt from the provisions of this law or 36 the city rent and rehabilitation law, which form shall include the last 37 regulated rent, and shall be sent to the tenant within thirty days after 38 the tenancy commences or the filing of such registration, whichever 39 occurs later. 40 § 5. Paragraph 14 of subdivision c of section 26-511 of the adminis- 41 trative code of the city of New York, as amended by section 12 of part A 42 of chapter 20 of the laws of 2015, is amended to read as follows: 43 (14) provides that where the amount of rent charged to and paid by the 44 tenant is less than the legal regulated rent for the housing accommo- 45 dation, the amount of rent for such housing accommodation which may be 46 charged upon renewal or upon vacancy thereof, may, at the option of the 47 owner, be based upon such previously established legal regulated rent, 48 as adjusted by the most recent applicable guidelines increases and any 49 other increases authorized by law. Such housing accommodation shall be 50 excluded from the provisions of this code pursuant to section 26-504.2 51 of this chapter when, subsequent to vacancy: (i) such legal regulated 52 rent [prior to vacancy] is two thousand five hundred dollars per month, 53 or more, for any housing accommodation that is or becomes vacant after 54 the effective date of the rent act of 2011 but prior to the effective 55 date of the rent act of 2015 or (ii) such legal regulated rent is two 56 thousand seven hundred dollars per month or more, provided, however thatS. 8090 6 1 on January 1, 2016, and annually thereafter, the maximum legal regulated 2 rent for this deregulation threshold shall be adjusted by the same 3 percentage as the most recent one year renewal adjustment as adjusted by 4 the relevant rent guidelines board, for any housing accommodation that 5 is or becomes vacant on or after the rent act of 2015. 6 § 6. Section 467-i of the real property tax law is REPEALED. 7 § 7. This act shall take effect immediately and shall be deemed to 8 have been in full force and effect on and after June 15, 2015; provided, 9 however that: 10 (a) the amendments to the emergency housing rent control law made by 11 section one of this act shall expire on the same date as such law 12 expires and shall not affect the expiration of such law as provided in 13 subdivision 2 of section 1 of chapter 274 of the laws of 1946; 14 (b) the amendments to the emergency tenant protection act of nineteen 15 seventy-four made by section two of this act shall expire on the same 16 date as such act expires and shall not affect the expiration of such act 17 as provided in section 17 of chapter 576 of the laws of 1974; 18 (c) the amendments to chapter 3 of title 26 of the administrative code 19 of the city of New York made by section three of this act shall remain 20 in full force and effect only as long as the public emergency requiring 21 the regulation and control of residential rents and evictions continues, 22 as provided in subdivision 3 of section 1 of the local emergency housing 23 rent control act; and 24 (d) the amendments to chapter 4 of title 26 of the administrative code 25 of the city of New York made by sections four and five of this act shall 26 expire on the same date as such chapter expires and shall not affect the 27 expiration of such chapter as provided under section 26-520 of such law.
