Bill Text: NY A00741 | 2017-2018 | General Assembly | Introduced
Bill Title: Prohibits an owner from adjusting the amount of preferential rent, rent charged and paid by the tenant which is less than the legal regulated rent for the housing accommodation, upon the renewal of a lease; only allows the owner to make such adjustments upon a vacancy which is not the result of the failure of the owner to maintain a habitable residence.
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Introduced - Dead) 2018-01-03 - referred to housing [A00741 Detail]
Download: New_York-2017-A00741-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 741 2017-2018 Regular Sessions IN ASSEMBLY January 9, 2017 ___________ Introduced by M. of A. BICHOTTE -- read once and referred to the Commit- tee on Housing AN ACT to amend the emergency tenant protection act of nineteen seven- ty-four and the administrative code of the city of New York, in relation to the regulation of rents The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision (a-2) of section 10 of section 4 of chapter 576 2 of the laws of 1974, constituting the emergency tenant protection act of 3 nineteen seventy-four, as amended by section 11 of part A of chapter 20 4 of the laws of 2015, is amended to read as follows: 5 (a-2) Provides that where the amount of rent charged to and paid by 6 the tenant is less than the legal regulated rent for the housing accom- 7 modation, the amount of rent for such housing accommodation which may be 8 charged [upon renewal or] upon vacancy thereof, may, at the option of 9 the owner, be based upon such previously established legal regulated 10 rent, as adjusted by the most recent applicable guidelines increases and 11 other increases authorized by law; provided, however, that such vacancy 12 shall not be caused by the failure of the owner or an agent of the 13 owner, to maintain the housing accommodation in compliance with the 14 warranty of habitability set forth in subdivision one of section two 15 hundred thirty-five-b of the real property law. Such housing accommo- 16 dation shall be excluded from the provisions of this act pursuant to 17 paragraph thirteen of subdivision a of section five of this act when 18 subsequent to vacancy: (i) such legal regulated rent is two thousand 19 five hundred dollars per month, or more, for any housing accommodation 20 that is, or becomes, vacant after the effective date of the rent act of 21 2011 but prior to the effective date of the rent act of 2015 or (ii) 22 such legal regulated rent is two thousand seven hundred dollars per 23 month or more for any housing accommodation that is or becomes vacant on 24 or after the rent act of 2015; starting on January 1, 2016, and annually EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06860-01-7A. 741 2 1 thereafter, the maximum legal regulated rent for this deregulation 2 threshold, shall also be increased by the same percent as the most 3 recent one year renewal adjustment, adopted by the applicable rent 4 guidelines board pursuant to the rent stabilization law. 5 § 2. Paragraph 14 of subdivision c of section 26-511 of the adminis- 6 trative code of the city of New York, as amended by section 12 of part A 7 of chapter 20 of the laws of 2015, is amended to read as follows: 8 (14) provides that where the amount of rent charged to and paid by the 9 tenant is less than the legal regulated rent for the housing accommo- 10 dation, the amount of rent for such housing accommodation which may be 11 charged [upon renewal or] upon vacancy thereof, may, at the option of 12 the owner, be based upon such previously established legal regulated 13 rent, as adjusted by the most recent applicable guidelines increases and 14 any other increases authorized by law; provided, however, that such 15 vacancy shall not be caused by the failure of the owner or an agent of 16 the owner, to maintain the housing accommodation in compliance with the 17 warranty of habitability set forth in subdivision one of section two 18 hundred thirty-five-b of the real property law. Such housing accommo- 19 dation shall be excluded from the provisions of this code pursuant to 20 section 26-504.2 of this chapter when, subsequent to vacancy: (i) such 21 legal regulated rent prior to vacancy is two thousand five hundred 22 dollars per month, or more, for any housing accommodation that is or 23 becomes vacant after the effective date of the rent act of 2011 but 24 prior to the effective date of the rent act of 2015 or (ii) such legal 25 regulated rent is two thousand seven hundred dollars per month or more, 26 provided, however that on January 1, 2016, and annually thereafter, the 27 maximum legal regulated rent for this deregulation threshold shall be 28 adjusted by the same percentage as the most recent one year renewal 29 adjustment as adjusted by the relevant rent guidelines board, for any 30 housing accommodation that is or becomes vacant on or after the rent act 31 of 2015. 32 § 3. This act shall take effect immediately; provided, however, that 33 the amendments to section 10 of the emergency tenant protection act of 34 nineteen seventy-four made by section one of this act shall expire on 35 the same date as such act expires and shall not affect the expiration of 36 such act as provided in section 17 of chapter 576 of the laws of 1974; 37 and provided, further, that the amendments to section 26-511 of the rent 38 stabilization law of nineteen hundred sixty-nine made by section two of 39 this act shall expire on the same date as such law expires and shall not 40 affect the expiration of such law as provided under section 26-520 of 41 such law.
