Bill Text: NY A01349 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to limited profit housing companies.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2018-01-03 - referred to housing [A01349 Detail]

Download: New_York-2017-A01349-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1349
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 11, 2017
                                       ___________
        Introduced by M. of A. ROSENTHAL, GOTTFRIED, KAVANAGH, MOSLEY, PICHARDO,
          BICHOTTE, JOYNER, WALKER -- read once and referred to the Committee on
          Housing
        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  completed  or  substantially  renovated as family units on or
    16  after January first, nineteen hundred seventy-four  exit  the  Mitchell-
    17  Lama  program  or  when  buildings  cease to be subject to project-based
    18  section eight contracts. The situation  had  permitted  speculative  and
    19  profiteering practices and has brought about the loss of vital and irre-
    20  placeable affordable housing for working persons and families.
    21    The legislature therefore declares that in order to prevent uncertain-
    22  ty,  potential  hardship  and  dislocation  of tenants living in housing
    23  accommodations subject to  government  regulations  as  to  rentals  and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04948-01-7
        A. 1349                             2
     1  continued  occupancy  as  well as those not subject to such regulations,
     2  the provisions of this act are necessary to protect the  public  health,
     3  safety and general welfare. The necessity in the public interest for the
     4  provisions  hereinafter enacted is hereby declared as a matter of legis-
     5  lative determination.
     6    § 2. Section 5 of section 4 of chapter 576 of the laws of 1974 consti-
     7  tuting the emergency tenant protection act of nineteen  seventy-four  is
     8  amended by adding a new subdivision c to read as follows:
     9    c.  Notwithstanding any other provision of this section, nothing shall
    10  prevent the declaration of an emergency pursuant  to  section  three  of
    11  this  act  for  rental  housing  accommodations  located in buildings or
    12  structures which were owned by a company established under  article  two
    13  of  the  private housing finance law, other than a mutual company, which
    14  are no longer owned by such company by reason of a voluntary dissolution
    15  pursuant to section thirty-five of such law or for rental housing accom-
    16  modations located in buildings or structures defined as covered projects
    17  pursuant to section 8 of the United States housing act of nineteen thir-
    18  ty-seven, as amended, or any  successor  statute,  and  any  regulations
    19  promulgated  thereunder  in which rental housing accommodations received
    20  project-based rental assistance from the  United  States  department  of
    21  housing  and  urban development pursuant to contracts with the owners of
    22  such buildings or structures which expired  or  were  terminated.    The
    23  initial  legal  regulated  rent  for  housing  accommodations located in
    24  buildings or structures that were owned by  housing  companies  or  that
    25  were  covered  projects  previously  regulated under the private housing
    26  finance law or under federal law, shall be the rent charged to and  paid
    27  by  the  tenant in occupancy one hundred eighty days prior to the effec-
    28  tive date of a chapter of the laws of two thousand seventeen which added
    29  this subdivision or, for accommodations vacant on such  date,  the  most
    30  recent  rent charged to and paid by a tenant prior to such date, includ-
    31  ing any income-related surcharges, as adjusted by all applicable  guide-
    32  lines increases and other increases authorized by law. The provisions of
    33  subdivision a of section nine of this act or of subdivision a of section
    34  26-513  of  the  administrative  code  of the city of New York shall not
    35  apply to any housing accommodation which  became  subject  to  this  act
    36  pursuant to the provisions of this subdivision.
    37    §  3.  Notwithstanding any provision of law to the contrary, in a city
    38  having a population of one million or  more,  the  New  York  city  rent
    39  stabilization law of nineteen hundred sixty-nine may be amended by local
    40  law  or  ordinance  to provide for the regulation of rents and evictions
    41  and the enforcement of such rent stabilization law with regard to  hous-
    42  ing accommodations made subject to such law by a declaration of emergen-
    43  cy made pursuant to this act.
    44    § 4. This act shall take effect immediately and shall apply to housing
    45  accommodations  located  in  buildings  or  structures  owned by housing
    46  companies that dissolved on, before or after such date  and  to  housing
    47  accommodations in buildings or structures that were covered projects and
    48  had  contracts for rental assistance that expired or were terminated on,
    49  before or after such date; provided that the amendments to section 5  of
    50  the  emergency  tenant  protection  act of nineteen seventy-four made by
    51  section two of this act shall expire  on  the  same  date  as  such  act
    52  expires  and  shall not affect the expiration of such act as provided in
    53  section 17 of chapter 576 of the laws of 1974.