Bill Text: NY A05286 | 2019-2020 | General Assembly | Amended
Bill Title: Eliminates rent regulation protections for certain high income tenants; lowers the annual income for certain protections to $125,000.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2020-07-16 - held for consideration in housing [A05286 Detail]
Download: New_York-2019-A05286-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5286--A 2019-2020 Regular Sessions IN ASSEMBLY February 8, 2019 ___________ Introduced by M. of A. KOLB, FITZPATRICK, MONTESANO -- Multi-Sponsored by -- M. of A. BARCLAY, CROUCH -- read once and referred to the Committee on Housing -- recommitted to the Committee on Housing in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the emergency housing rent control law, the administra- tive code of the city of New York and the emergency tenant protection act of nineteen seventy-four, in relation to eliminating rent regu- lation protections for certain high income tenants; and to amend the emergency housing rent control law, the local emergency housing rent control act, the emergency tenant protection act of nineteen seventy- four and the administrative code of the city of New York, in relation to the deregulation of rent-stabilized housing accommodations upon vacancy The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Chapter 274 of the laws of 1946, constituting the emergency 2 housing rent control law, is amended by adding a new section 2-a to read 3 as follows: 4 § 2-a. (a) 1. For purposes of this section, annual income shall mean 5 the federal adjusted gross income as reported on the New York state 6 income tax return. Total annual income means the sum of the annual 7 incomes of all persons who occupy the housing accommodation as their 8 primary residence on other than a temporary basis, excluding bona fide 9 employees of such occupants residing therein in connection with such 10 employment and excluding bona fide subtenants in occupancy pursuant to 11 the provisions of section two hundred twenty-six-b of the real property 12 law. In the case where a housing accommodation is sublet, the annual 13 income of the sublessor shall be considered. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04471-02-0A. 5286--A 2 1 2. Deregulation income threshold means total annual income equal to 2 one hundred seventy-five thousand dollars in each of the two preceding 3 calendar years for proceedings commenced before July first, two thousand 4 eleven. For proceedings commenced on or after July first, two thousand 5 twenty-one, the deregulation income threshold means the total annual 6 income equal to one hundred twenty-five thousand dollars in each of the 7 two preceding calendar years. 8 (b) On or before the first day of May in each calendar year, the owner 9 of each housing accommodation may provide the tenant or tenants residing 10 therein with an income certification form prepared by the division of 11 housing and community renewal on which such tenant or tenants shall 12 identify all persons referred to in subdivision (a) of this section and 13 shall certify whether the total annual income is in excess of the dereg- 14 ulation income threshold in each of the two preceding calendar years. 15 Such income certification form shall state that the income level certi- 16 fied to by the tenant may be subject to verification by the department 17 of taxation and finance pursuant to section one hundred seventy-one-b of 18 the tax law and shall not require disclosure of any income information 19 other than whether the aforementioned threshold has been exceeded. Such 20 income certification form shall clearly state that: (i) tenants have 21 protections available to them which are designed to prevent harassment; 22 and (ii) tenants are not required to provide any information regarding 23 their income except that which is requested on the form and may contain 24 such other information the division deems appropriate. The tenant or 25 tenants shall return the completed certification to the owner within 26 thirty days after service upon the tenant or tenants. In the event that 27 the total annual income as certified is in excess of the deregulation 28 income threshold in each of the two preceding calendar years, the owner 29 may file the certification with the state division of housing and commu- 30 nity renewal on or before June thirtieth of such year. Upon filing such 31 certification with the division, the division shall, within thirty days 32 after the filing, issue an order of deregulation providing that such 33 housing accommodations shall not be subject to the provisions of this 34 law as of the first day of June in the year next succeeding the filing 35 of the certification by the owner. A copy of such order shall be mailed 36 by regular and certified mail, return receipt requested, to the tenant 37 or tenants and a copy thereof shall be mailed to the owner. 38 (c) 1. In the event that the tenant or tenants either fail to return 39 the completed certification to the owner on or before the date required 40 by subdivision (b) of this section or the owner disputes the certif- 41 ication returned by the tenant or tenants, the owner may, on or before 42 June thirtieth of such year, petition the state division of housing and 43 community renewal to verify, pursuant to section one hundred seventy- 44 one-b of the tax law, whether the total annual income exceeds the dereg- 45 ulation income threshold in each of the two preceding calendar years. 46 Within twenty days after the filing of such request with the division, 47 the division shall notify the tenant or tenants that such tenant or 48 tenants must provide the division with such information as the division 49 and the department of taxation and finance shall require to verify 50 whether the total annual income exceeds the deregulation income thresh- 51 old in each of the two preceding calendar years. The division's notifi- 52 cation shall require the tenant or tenants to provide the information to 53 the division within sixty days of service upon such tenant or tenants 54 and shall include a warning in boldfaced type that failure to respond 55 will result in an order of deregulation being issued by the division for 56 such housing accommodation.A. 5286--A 3 1 2. If the department of taxation and finance determines that the total 2 annual income is in excess of the deregulation income threshold in each 3 of the two preceding calendar years, the division shall, on or before 4 November fifteenth of such year, notify the owner and tenants of the 5 results of such verification. Both the owner and the tenants shall have 6 thirty days within which to comment on such verification results. With- 7 in forty-five days after the expiration of the comment period, the divi- 8 sion shall, where appropriate, issue an order of deregulation providing 9 that such housing accommodation shall not be subject to the provisions 10 of this law as of the first day of March in the year next succeeding the 11 filing of the owner's petition with the division. A copy of such order 12 shall be mailed by regular and certified mail, return receipt requested, 13 to the tenant or tenants and a copy thereof shall be sent to the owner. 14 3. In the event the tenant or tenants fail to provide the information 15 required pursuant to paragraph one of this subdivision, the division 16 shall issue, on or before December first of such year, an order of 17 deregulation providing that such housing accommodation shall not be 18 subject to the provisions of this law as of the first day of March in 19 the year next succeeding the last day on which the tenant or tenants 20 were required to provide the information required by such paragraph. A 21 copy of such order shall be mailed by regular and certified mail, return 22 receipt requested, to the tenant or tenants and a copy thereof shall be 23 sent to the owner. 24 4. The provisions of the state freedom of information act shall not 25 apply to any income information obtained by the division pursuant to 26 this section. 27 (d) This section shall apply only to paragraph (m) of subdivision two 28 of section two of this law. 29 (e) Upon receipt of such order of deregulation pursuant to this 30 section, an owner shall offer the housing accommodation subject to such 31 order to the tenant at a rent not in excess of the market rent, which 32 for the purposes of this section means a rent obtainable in an arm's 33 length transaction. Such rental offer shall be made by the owner in 34 writing to the tenant by certified and regular mail and shall inform the 35 tenant that such offer must be accepted in writing within ten days of 36 receipt. The tenant shall respond within ten days after receipt of such 37 offer. If the tenant declines the offer or fails to respond within such 38 period, the owner may commence an action or proceeding for the eviction 39 of such tenant. 40 § 2. The administrative code of the city of New York is amended by 41 adding a new section 26-403.1 to read as follows: 42 § 26-403.1 High income rent deregulation. (a) 1. For purposes of this 43 section, annual income shall mean the federal adjusted gross income as 44 reported on the New York state income tax return. Total annual income 45 means the sum of the annual incomes of all persons who occupy the hous- 46 ing accommodation as their primary residence other than on a temporary 47 basis, excluding bona fide employees of such occupants residing therein 48 in connection with such employment and excluding bona fide subtenants in 49 occupancy pursuant to the provisions of section two hundred twenty-six-b 50 of the real property law. In the case where a housing accommodation is 51 sublet, the annual income of the sublessor shall be considered. 52 2. Deregulation income threshold means total annual income equal to 53 one hundred twenty-five thousand dollars in each of the two preceding 54 calendar years for proceedings commenced on or after July first, two 55 thousand twenty-one.A. 5286--A 4 1 (b) On or before the first day of May in each calendar year, the owner 2 of each housing accommodation may provide the tenant or tenants residing 3 therein with an income certification form prepared by the division of 4 housing and community renewal on which such tenant or tenants shall 5 identify all persons referred to in subdivision (a) of this section and 6 shall certify whether the total annual income is in excess of the dereg- 7 ulation income threshold in each of the two preceding calendar years. 8 Such income certification form shall state that the income level certi- 9 fied to by the tenant may be subject to verification by the department 10 of taxation and finance pursuant to section one hundred seventy-one-b of 11 the tax law and shall not require disclosure of any income information 12 other than whether the aforementioned threshold has been exceeded. Such 13 income certification form shall clearly state that: (i) tenants have 14 protections available to them which are designed to prevent harassment; 15 and (ii) tenants are not required to provide any information regarding 16 their income except that which is requested on the form and may contain 17 such other information the division deems appropriate. The tenant or 18 tenants shall return the completed certification to the owner within 19 thirty days after service upon the tenant or tenants. In the event that 20 the total annual income as certified is in excess of the deregulation 21 income threshold in each of the two preceding calendar years, the owner 22 may file the certification with the state division of housing and commu- 23 nity renewal on or before June thirtieth of such year. Upon filing such 24 certification with the division, the division shall, within thirty days 25 after the filing, issue an order of deregulation providing that such 26 housing accommodations shall not be subject to the provisions of this 27 law as of the first day of June in the year next succeeding the filing 28 of the certification by the owner. A copy of such order shall be mailed 29 by regular and certified mail, return receipt requested, to the tenant 30 or tenants and a copy thereof shall be mailed to the owner. 31 (c) 1. In the event that the tenant or tenants either fail to return 32 the completed certification to the owner on or before the date required 33 by subdivision (b) of this section or the owner disputes the certif- 34 ication returned by the tenant or tenants, the owner may, on or before 35 June thirtieth of such year, petition the state division of housing and 36 community renewal to verify, pursuant to section one hundred seventy- 37 one-b of the tax law, whether the total annual income exceeds the dereg- 38 ulation income threshold in each of the two preceding calendar years. 39 Within twenty days after the filing of such request with the division, 40 the division shall notify the tenant or tenants that such tenant or 41 tenants must provide the division with such information as the division 42 and the department of taxation and finance shall require to verify 43 whether the total annual income exceeds the deregulation income thresh- 44 old in each of the two preceding calendar years. The division's notifi- 45 cation shall require the tenant or tenants to provide the information to 46 the division within sixty days of service upon such tenant or tenants 47 and shall include a warning in boldfaced type that failure to respond 48 will result in an order of deregulation being issued by the division for 49 such housing accommodation. 50 2. If the department of taxation and finance determines that the total 51 annual income is in excess of the deregulation income threshold in each 52 of the two preceding calendar years, the division shall, on or before 53 November fifteenth of such year, notify the owner and tenants of the 54 results of such verification. Both the owner and the tenants shall have 55 thirty days within which to comment on such verification results. With- 56 in forty-five days after the expiration of the comment period, the divi-A. 5286--A 5 1 sion shall, where appropriate, issue an order of deregulation providing 2 that such housing accommodation shall not be subject to the provisions 3 of this law as of the first day of March in the year next succeeding the 4 filing of the owner's petition with the division. A copy of such order 5 shall be mailed by regular and certified mail, return receipt requested, 6 to the tenant or tenants and a copy thereof shall be sent to the owner. 7 3. In the event the tenant or tenants fail to provide the information 8 required pursuant to paragraph one of this subdivision, the division 9 shall issue, on or before December first of such year, an order of 10 deregulation providing that such housing accommodation shall not be 11 subject to the provisions of this law as of the first day of March in 12 the year next succeeding the last day on which the tenant or tenants 13 were required to provide the information required by such paragraph. A 14 copy of such order shall be mailed by regular and certified mail, return 15 receipt requested, to the tenant or tenants and a copy thereof shall be 16 sent to the owner. 17 4. The provisions of the state freedom of information act shall not 18 apply to any income information obtained by the division pursuant to 19 this section. 20 (d) This section shall apply only to subparagraph j of paragraph two 21 of subdivision e of section 26-403 of this chapter. 22 (e) Upon receipt of such order of deregulation pursuant to this 23 section, an owner shall offer the housing accommodation subject to such 24 order to the tenant at a rent not in excess of the market rent, which 25 for the purposes of this section means a rent obtainable in an arm's 26 length transaction. Such rental offer shall be made by the owner in 27 writing to the tenant by certified and regular mail and shall inform the 28 tenant that such offer must be accepted in writing within ten days of 29 receipt. The tenant shall respond within ten days after receipt of such 30 offer. If the tenant declines the offer or fails to respond within such 31 period, the owner may commence an action or proceeding for the eviction 32 of such tenant. 33 § 3. The administrative code of the city of New York is amended by 34 adding a new section 26-504.1 to read as follows: 35 § 26-504.1 Exclusion of accommodations of high income renters. Upon 36 the issuance of an order by the division of housing and community 37 renewal, "housing accommodations" shall not include housing accommo- 38 dations which are occupied by persons who have a total annual income, as 39 defined in and subject to the limitations and process set forth in 40 section 26-504.3 of this chapter, in excess of the deregulation income 41 threshold, as defined in section 26-504.3 of this chapter, for each of 42 the two preceding calendar years. Provided, however, that this exclusion 43 shall not apply to housing accommodations which became or become subject 44 to this law (a) by virtue of receiving tax benefits pursuant to section 45 four hundred twenty-one-a or four hundred eighty-nine of the real prop- 46 erty tax law, except as otherwise provided in subparagraph (i) of para- 47 graph (f) of subdivision two of section four hundred twenty-one-a of the 48 real property tax law, or (b) by virtue of article seven-C of the multi- 49 ple dwelling law. 50 § 4. The administrative code of the city of New York is amended by 51 adding a new section 26-504.3 to read as follows: 52 § 26-504.3 High income rent deregulation. (a) 1. For purposes of this 53 section, annual income shall mean the federal adjusted gross income as 54 reported on the New York state income tax return. Total annual income 55 means the sum of the annual incomes of all persons whose names are 56 recited as the tenant or co-tenant on a lease who occupy the housingA. 5286--A 6 1 accommodation and all other persons that occupy the housing accommo- 2 dation as their primary residence on other than a temporary basis, 3 excluding bona fide employees of such occupants residing therein in 4 connection with such employment and excluding bona fide subtenants in 5 occupancy pursuant to the provisions of section two hundred twenty-six-b 6 of the real property law. In the case where a housing accommodation is 7 sublet, the annual income of the tenant or co-tenant recited on the 8 lease who will reoccupy the housing accommodation upon the expiration of 9 the sublease shall be considered. 10 2. Deregulation income threshold means total annual income equal to 11 one hundred twenty-five thousand dollars in each of the two preceding 12 calendar years for proceedings commenced on or after July first, two 13 thousand twenty-one. 14 (b) On or before the first day of May in each calendar year, the owner 15 of each housing accommodation may provide the tenant or tenants residing 16 therein with an income certification form prepared by the division of 17 housing and community renewal on which such tenant or tenants shall 18 identify all persons referred to in subdivision (a) of this section and 19 shall certify whether the total annual income is in excess of the dereg- 20 ulation income threshold in each of the two preceding calendar years. 21 Such income certification form shall state that the income level certi- 22 fied to by the tenant may be subject to verification by the department 23 of taxation and finance pursuant to section one hundred seventy-one-b of 24 the tax law and shall not require disclosure of any income information 25 other than whether the aforementioned threshold has been exceeded. Such 26 income certification form shall clearly state that: (i) tenants have 27 protections available to them which are designed to prevent harassment; 28 and (ii) tenants are not required to provide any information regarding 29 their income except that which is requested on the form and may contain 30 such other information the division deems appropriate. The tenant or 31 tenants shall return the completed certification to the owner within 32 thirty days after service upon the tenant or tenants. In the event that 33 the total annual income as certified is in excess of the deregulation 34 income threshold in each of the two preceding calendar years, the owner 35 may file the certification with the state division of housing and commu- 36 nity renewal on or before June thirtieth of such year. Upon filing such 37 certification with the division, the division shall, within thirty days 38 after the filing, issue an order providing that such housing accommo- 39 dation shall not be subject to the provisions of this act upon the expi- 40 ration of the existing lease. A copy of such order shall be mailed by 41 regular and certified mail, return receipt requested, to the tenant or 42 tenants and a copy thereof shall be mailed to the owner. 43 (c) 1. In the event that the tenant or tenants either fail to return 44 the completed certification to the owner on or before the date required 45 by subdivision (b) of this section or the owner disputes the certif- 46 ication returned by the tenant or tenants, the owner may, on or before 47 June thirtieth of such year, petition the state division of housing and 48 community renewal to verify, pursuant to section one hundred seventy- 49 one-b of the tax law, whether the total annual income exceeds the dereg- 50 ulation income threshold in each of the two preceding calendar years. 51 Within twenty days after the filing of such request with the division, 52 the division shall notify the tenant or tenants named on the lease that 53 such tenant or tenants must provide the division with such information 54 as the division and the department of taxation and finance shall require 55 to verify whether the total annual income exceeds the deregulation 56 income threshold in each of the two preceding calendar years. The divi-A. 5286--A 7 1 sion's notification shall require the tenant or tenants to provide the 2 information to the division within sixty days of service upon such 3 tenant or tenants and shall include a warning in boldfaced type that 4 failure to respond will result in an order being issued by the division 5 providing that such housing accommodation shall not be subject to the 6 provisions of this law. 7 2. If the department of taxation and finance determines that the total 8 annual income is in excess of the deregulation income threshold in each 9 of the two preceding calendar years, the division shall, on or before 10 November fifteenth of such year, notify the owner and tenants of the 11 results of such verification. Both the owner and the tenants shall have 12 thirty days within which to comment on such verification results. With- 13 in forty-five days after the expiration of the comment period, the divi- 14 sion shall, where appropriate, issue an order providing that such hous- 15 ing accommodation shall not be subject to the provisions of this law 16 upon the expiration of the existing lease. A copy of such order shall be 17 mailed by regular and certified mail, return receipt requested, to the 18 tenant or tenants and a copy thereof shall be sent to the owner. 19 3. In the event the tenant or tenants fail to provide the information 20 required pursuant to paragraph one of this subdivision, the division 21 shall issue, on or before December first of such year, an order provid- 22 ing that such housing accommodation shall not be subject to the 23 provisions of this law upon the expiration of the current lease. A copy 24 of such order shall be mailed by regular and certified mail, return 25 receipt requested, to the tenant or tenants and a copy thereof shall be 26 sent to the owner. 27 4. The provisions of the state freedom of information act shall not 28 apply to any income information obtained by the division pursuant to 29 this section. 30 (d) This section shall apply only to section 26-504.1 of this chapter. 31 (e) Upon receipt of such order of deregulation pursuant to this 32 section, an owner shall offer the housing accommodation subject to such 33 order to the tenant at a rent not in excess of the market rent, which 34 for the purposes of this section means a rent obtainable in an arm's 35 length transaction. Such rental offer shall be made by the owner in 36 writing to the tenant by certified and regular mail and shall inform the 37 tenant that such offer must be accepted in writing within ten days of 38 receipt. The tenant shall respond within ten days after receipt of such 39 offer. If the tenant declines the offer or fails to respond within such 40 period, the owner may commence an action or proceeding for the eviction 41 of such tenant. 42 § 5. Section 4 of chapter 576 of the laws of 1974, constituting the 43 emergency tenant protection act of nineteen seventy-four is amended by 44 adding a new section 5-a to read as follows: 45 § 5-a. High income rent deregulation. (a) 1. For purposes of this 46 section, annual income shall mean the federal adjusted gross income as 47 reported on the New York state income tax return. Total annual income 48 means the sum of the annual incomes of all persons whose names are 49 recited as the tenant or co-tenant on a lease who occupy the housing 50 accommodation and all other persons that occupy the housing accommo- 51 dation as their primary residence on other than a temporary basis, 52 excluding bona fide employees of such occupants residing therein in 53 connection with such employment and excluding bona fide subtenants in 54 occupancy pursuant to the provisions of section two hundred twenty-six-b 55 of the real property law. In the case where a housing accommodation is 56 sublet, the annual income of the tenant or co-tenant recited on theA. 5286--A 8 1 lease who will reoccupy the housing accommodation upon the expiration of 2 the sublease shall be considered. 3 2. Deregulation income threshold means total annual income equal to 4 one hundred twenty-five thousand dollars in each of the two preceding 5 calendar years for proceedings commenced on or after July first, two 6 thousand twenty-one. 7 (b) On or before the first day of May in each calendar year, the owner 8 of each housing accommodation may provide the tenant or tenants residing 9 therein with an income certification form prepared by the division of 10 housing and community renewal on which such tenant or tenants shall 11 identify all persons referred to in subdivision (a) of this section and 12 shall certify whether the total annual income is in excess of the dereg- 13 ulation income threshold in each of the two preceding calendar years. 14 Such income certification form shall state that the income level certi- 15 fied to by the tenant may be subject to verification by the department 16 of taxation and finance pursuant to section one hundred seventy-one-b of 17 the tax law, and shall not require disclosure of any information other 18 than whether the aforementioned threshold has been exceeded. Such income 19 certification form shall clearly state that: (i) tenants have 20 protections available to them which are designed to prevent harassment; 21 and (ii) tenants are not required to provide any information regarding 22 their income except that which is requested on the form and may contain 23 such other information the division deems appropriate. The tenant or 24 tenants shall return the completed certification to the owner within 25 thirty days after service upon the tenant or tenants. In the event that 26 the total annual income as certified is in excess of the deregulation 27 income threshold in each of the two preceding calendar years, the owner 28 may file the certification with the state division of housing and commu- 29 nity renewal on or before June thirtieth of such year. Upon filing such 30 certification with the division, the division shall, within thirty days 31 after the filing, issue an order providing that such housing accommo- 32 dation shall not be subject to the provisions of this act upon the expi- 33 ration of the existing lease. A copy of such order shall be mailed by 34 regular and certified mail, return receipt requested, to the tenant or 35 tenants and a copy thereof shall be mailed to the owner. 36 (c) 1. In the event that the tenant or tenants either fail to return 37 the completed certification to the owner on or before the date required 38 by subdivision (b) of this section or the owner disputes the certif- 39 ication returned by the tenant or tenants, the owner may, on or before 40 June thirtieth of such year, petition the state division of housing and 41 community renewal to verify, pursuant to section one hundred seventy- 42 one-b of the tax law, whether the total annual income exceeds the dereg- 43 ulation income threshold in each of the two preceding calendar years. 44 Within twenty days after the filing of such request with the division, 45 the division shall notify the tenant or tenants that such tenant or 46 tenants named on the lease must provide the division with such informa- 47 tion as the division and the department of taxation and finance shall 48 require to verify whether the total annual income exceeds the deregu- 49 lation income threshold in each of the two preceding calendar years. The 50 division's notification shall require the tenant or tenants to provide 51 the information to the division within sixty days of service upon such 52 tenant or tenants and shall include a warning in boldfaced type that 53 failure to respond will result in an order being issued by the division 54 providing that such housing accommodations shall not be subject to the 55 provisions of this act.A. 5286--A 9 1 2. If the department of taxation and finance determines that the total 2 annual income is in excess of the deregulation income threshold in each 3 of the two preceding calendar years, the division shall, on or before 4 November fifteenth of such year, notify the owner and tenants of the 5 results of such verification. Both the owner and the tenants shall have 6 thirty days within which to comment on such verification results. With- 7 in forty-five days after the expiration of the comment period, the divi- 8 sion shall, where appropriate, issue an order providing that such hous- 9 ing accommodation shall not be subject to the provisions of this act 10 upon expiration of the existing lease. A copy of such order shall be 11 mailed by regular and certified mail, return receipt requested, to the 12 tenant or tenants and a copy thereof shall be sent to the owner. 13 3. In the event the tenant or tenants fail to provide the information 14 required pursuant to paragraph one of this subdivision, the division 15 shall issue, on or before December first of such year, an order provid- 16 ing that such housing accommodation shall not be subject to the 17 provisions of this act upon the expiration of the current lease. A copy 18 of such order shall be mailed by regular and certified mail, return 19 receipt requested, to the tenant or tenants and a copy thereof shall be 20 sent to the owner. 21 4. The provisions of the state freedom of information act shall not 22 apply to any income information obtained by the division pursuant to 23 this section. 24 (d) This section shall apply only to paragraph twelve of subdivision a 25 of section five of this act. 26 (e) Upon receipt of such order of deregulation pursuant to this 27 section, an owner shall offer the housing accommodation subject to such 28 order to the tenant at a rent not in excess of the market rent, which 29 for the purposes of this section means a rent obtainable in an arm's 30 length transaction. Such rental offer shall be made by the owner in 31 writing to the tenant by certified and regular mail and shall inform the 32 tenant that such offer must be accepted in writing within ten days of 33 receipt. The tenant shall respond within ten days after receipt of such 34 offer. If the tenant declines the offer or fails to respond within such 35 period, the owner may commence an action or proceeding for the eviction 36 of such tenant. 37 § 6. Paragraph (i) of subdivision 2 of section 2 of chapter 274 of the 38 laws of 1946, constituting the emergency housing rent control law, as 39 amended by chapter 576 of the laws of 1974, is amended to read as 40 follows: 41 (i) housing accommodations which become vacant on and after June 42 sixteenth, two thousand twenty-one, provided, however, that this 43 exemption shall not apply or become effective where the commission 44 determines or finds that the housing accommodations became vacant 45 because the landlord or any person acting on his behalf, with intent to 46 cause the tenant to vacate, engaged in any course of conduct (including, 47 but not limited to, interruption or discontinuance of essential 48 services) which interfered with or disturbed or was intended to inter- 49 fere with or disturb the comfort, repose, peace or quiet of the tenant 50 in his use or occupancy of the housing accommodations; [and further51provided that housing accommodations as to which a housing emergency has52been declared pursuant to the emergency tenant protection act of nine-53teen seventy-four shall be subject to the provisions of such act for the54duration of such emergency;] or 55 § 7. The second undesignated paragraph of subdivision 5 of section 1 56 of chapter 21 of the laws of 1962, constituting the local emergencyA. 5286--A 10 1 housing rent control act, as amended by chapter 82 of the laws of 2003, 2 is amended to read as follows: 3 Notwithstanding any local law or ordinance, housing accommodations 4 which [became] become vacant on or after [July first, nineteen hundred5seventy-one or which hereafter become vacant] June sixteenth, two thou- 6 sand twenty-one shall be [subject to the provisions of the emergency7tenant protection act of nineteen seventy-four] exempt from regulation 8 and control, provided, however, that this [provision] exemption shall 9 not apply or become effective with respect to housing accommodations 10 which, by local law or ordinance, are made directly subject to regu- 11 lation and control by a city housing rent agency and such agency deter- 12 mines or finds that the housing accommodations became vacant because the 13 landlord or any person acting on his behalf, with intent to cause the 14 tenant to vacate, engaged in any course of conduct (including but not 15 limited to, interruption or discontinuance of essential services) which 16 interfered with or disturbed or was intended to interfere with or 17 disturb the comfort, repose, peace or quiet of the tenant in his use or 18 occupancy of the housing accommodations. The removal of any housing 19 accommodation from regulation and control of rents pursuant to the 20 vacancy exemption provided for in this paragraph shall not constitute or 21 operate as a ground for the subjection to more stringent regulation and 22 control of any housing accommodation in such property or in any other 23 property owned by the same landlord, notwithstanding any prior agreement 24 to the contrary by the landlord. The vacancy exemption provided for in 25 this paragraph shall not arise with respect to any rented plot or parcel 26 of land otherwise subject to the provisions of this act, by reason of a 27 transfer of title and possession occurring on or after July first, nine- 28 teen hundred seventy-one of a dwelling located on such plot or parcel 29 and owned by the tenant where such transfer of title and possession is 30 made to a member of the tenant's immediate family provided that the 31 member of the tenant's immediate family occupies the dwelling with the 32 tenant prior to the transfer of title and possession for a continuous 33 period of two years. 34 § 8. Paragraph (h) of subdivision 10 of section 1 of chapter 21 of the 35 laws of 1962, constituting the local emergency housing rent control act, 36 as amended by chapter 576 of the laws of 1974, is amended to read as 37 follows: 38 (h) Any tenant who has vacated his housing accommodations because the 39 landlord or any person acting on his behalf, with intent to cause the 40 tenant to vacate, engaged in any course of conduct (including but not 41 limited to, interruption or discontinuance of essential services) which 42 interfered with or disturbed or was intended to interfere with or 43 disturb the comfort, repose, peace or quiet of the tenant in his use or 44 occupancy of the housing accommodations may, within ninety days after 45 vacating, apply for a determination that the housing accommodations were 46 vacated as a result of such conduct, and may, within one year after such 47 determination, institute a civil action against the landlord by reason 48 of such conduct. Application for such determination may be made to the 49 [city housing rent agency with respect to housing accommodations which,50by local law or ordinance, are made directly subject to regulation and51control by such agency. For all other housing [accommodadations] accom- 52 modations subject to regulation and control pursuant to the New York 53 city rent stabilization law of nineteen hundred sixty-nine, application 54 for such determination may be made to the New York city conciliation and 55 appeals board. For the purpose of making and enforcing any determi- 56 nation of the New York city conciliation and appeals board as hereinA. 5286--A 11 1 provided, the provisions of sections seven, eight and ten, whenever they 2 refer to the city housing rent agency, shall be deemed to refer to such 3 board] state division of housing and community renewal. In such action 4 the landlord shall be liable to the tenant for three times the damages 5 sustained on account of such conduct plus reasonable attorney's fees and 6 costs as determined by the court. In addition to any other damages the 7 cost of removal of property shall be a lawful measure of damages. 8 § 9. Subdivision a of section 5 of section 4 of chapter 576 of the 9 laws of 1974, constituting the emergency tenant protection act of nine- 10 teen seventy-four, is amended by adding a new paragraph 3-a to read as 11 follows: 12 (3-a) housing accommodations which become vacant on or after June 13 sixteenth, two thousand twenty-one, provided, however, that this excep- 14 tion shall not apply to or become effective with respect to housing 15 accommodations which the commissioner determines or finds became vacant 16 because the landlord or any person acting on his or her behalf, with 17 intent to cause the tenant to vacate, engaged in any course of conduct 18 (including, but not limited to, interruption or discontinuance of 19 required services) which interfered with or disturbed or was intended to 20 interfere in his or her use or occupancy of the housing accommodations. 21 § 10. Section 26-504 of the administrative code of the city of New 22 York is amended by adding a new subdivision d to read as follows: 23 d. Notwithstanding any of the provisions of this section or title or 24 any other provisions of law, this law shall not apply to any housing 25 accommodation which becomes vacant on or after June sixteenth, two thou- 26 sand twenty-one provided, however, that this exception shall not apply 27 to or become effective with respect to housing accommodations which the 28 commissioner determines or finds became vacant because the landlord or 29 any person acting on his or her behalf, with intent to cause the tenant 30 to vacate, engaged in any course of conduct (including but not limited 31 to, interruption or discontinuance of required services) which interfer- 32 ed with or disturbed or was intended to interfere with or disturb the 33 comfort, repose, peace or quiet of the tenant in his or her use or occu- 34 pancy of the housing accommodations. 35 § 11. This act shall take effect immediately; provided that section 36 26-403.1 of the city rent and rehabilitation law as added by section two 37 of this act shall remain in full force and effect only as long as the 38 public emergency requiring the regulation and control of residential 39 rents and evictions continues, as provided in subdivision 3 of section 1 40 of the local emergency housing rent control act; and provided that 41 sections 26-504.1 and 26-504.3 of the administrative code of the city of 42 New York as added by sections three and four of this act, and the amend- 43 ments to section 26-504 of chapter 4 of title 26 of the administrative 44 code of the city of New York made by section ten of this act, shall 45 expire on the same date as such law expires and shall not affect the 46 expiration of such law as provided under section 26-520 of such law; and 47 provided that the amendments to the local emergency housing rent control 48 act made by sections seven and eight of this act shall remain in full 49 force and effect only so long as the public emergency requiring the 50 regulation and control of residential rents and evictions continues, as 51 provided in subdivision 3 of section 1 of the local emergency housing 52 rent control act.
