Bill Text: NY A06130 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the de-regulation of rent-stabilized housing accommodations; eliminates rent regulation for any regulated housing accommodation that becomes vacant on or after June 16, 2019; makes exceptions.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2019-02-28 - referred to housing [A06130 Detail]

Download: New_York-2019-A06130-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6130
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 28, 2019
                                       ___________
        Introduced  by  M.  of  A. FITZPATRICK -- Multi-Sponsored by -- M. of A.
          MANKTELOW -- read once and referred to the Committee on Housing
        AN ACT to amend the emergency housing rent control law, the local  emer-
          gency 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  de-regulation  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.  Paragraph (i) 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 chapter 576 of the laws of 1974, is amended to read
     4  as follows:
     5    (i) housing accommodations which  become  vacant  on  and  after  June
     6  sixteenth, two thousand nineteen, provided, however, that this exemption
     7  shall  not  apply or become effective where the commission determines or
     8  finds that the housing accommodations became vacant because the landlord
     9  or any person acting on his behalf, with intent to cause the  tenant  to
    10  vacate, engaged in any course of conduct (including, but not limited to,
    11  interruption  or  discontinuance of essential services) which interfered
    12  with or disturbed or was intended  to  interfere  with  or  disturb  the
    13  comfort, repose, peace or quiet of the tenant in his use or occupancy of
    14  the  housing accommodations; [and further provided that housing accommo-
    15  dations as to which a housing emergency has been  declared  pursuant  to
    16  the  emergency  tenant  protection act of nineteen seventy-four shall be
    17  subject to the provisions of such act for the duration of such  emergen-
    18  cy;] or
    19    §  2.  The second undesignated paragraph of subdivision 5 of section 1
    20  of chapter 21 of the laws of  1962,  constituting  the  local  emergency
    21  housing  rent control act, as amended by chapter 82 of the laws of 2003,
    22  is amended to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05975-01-9

        A. 6130                             2
     1    Notwithstanding any local law  or  ordinance,  housing  accommodations
     2  which  [became]  become  vacant  (a)  on  or  after July first, nineteen
     3  hundred seventy-one [or which hereafter become vacant], but before  June
     4  sixteenth,  two  thousand nineteen shall be subject to the provisions of
     5  the emergency tenant protection act of nineteen seventy-four, and (b) on
     6  or  after  June  sixteenth,  two  thousand nineteen shall be exempt from
     7  regulations and control; provided, however, that [this provision]  these
     8  exemptions  shall  not apply or become effective with respect to housing
     9  accommodations which, by local  law  or  ordinance,  are  made  directly
    10  subject to regulation and control by a city housing rent agency and such
    11  agency determines or finds that the housing accommodations became vacant
    12  because  the landlord or any person acting on his behalf, with intent to
    13  cause the tenant to vacate, engaged in any course of conduct  (including
    14  but   not  limited  to,  interruption  or  discontinuance  of  essential
    15  services) which interfered with or disturbed or was intended  to  inter-
    16  fere  with  or disturb the comfort, repose, peace or quiet of the tenant
    17  in his use or occupancy of the housing accommodations.  The  removal  of
    18  any  housing accommodation from regulation and control of rents pursuant
    19  to the vacancy [exemption] exemptions provided  for  in  this  paragraph
    20  shall  not  constitute or operate as a ground for the subjection to more
    21  stringent regulation and control of any housing  accommodation  in  such
    22  property  or  in any other property owned by the same landlord, notwith-
    23  standing any prior agreement to the contrary by the landlord. The vacan-
    24  cy exemption provided for in subparagraph (a) of  this  paragraph  shall
    25  not  arise  with  respect to any rented plot or parcel of land otherwise
    26  subject to the provisions of this act, by reason of a transfer of  title
    27  and possession occurring on or after July first, nineteen hundred seven-
    28  ty-one,  but before June sixteenth, two thousand nineteen, of a dwelling
    29  located on such plot or parcel and owned by the tenant where such trans-
    30  fer of title and possession is made to a member of the tenant's  immedi-
    31  ate  family  provided  that  the member of the tenant's immediate family
    32  occupies the dwelling with the tenant prior to the transfer of title and
    33  possession for a continuous period of two years.
    34    § 3. Subdivision a of section 5 of section 4 of  chapter  576  of  the
    35  laws  of 1974, constituting the emergency tenant protection act of nine-
    36  teen seventy-four, is amended by adding a new paragraph 3-a to  read  as
    37  follows:
    38    (3-a)  housing  accommodations  which  become  vacant on or after June
    39  sixteenth, two thousand nineteen, provided, however, that this exemption
    40  shall not apply to or become effective with respect to housing  accommo-
    41  dations which the commissioner determines or finds became vacant because
    42  the  landlord  or any person acting on his or her behalf, with intent to
    43  cause the tenant to vacate, engaged in any course of conduct (including,
    44  but not limited to, interruption or discontinuance of required services)
    45  which interfered with or disturbed or was intended to interfere  in  his
    46  or her use or occupancy of the housing accommodations;
    47    § 4. Section 26-504 of the administrative code of the city of New York
    48  is amended by adding a new subdivision d to read as follows:
    49    d.  Notwithstanding  any of the provisions of this section or title or
    50  any other provisions of law, this law shall not  apply  to  any  housing
    51  accommodation which becomes vacant on or after June sixteenth, two thou-
    52  sand  nineteen provided, however, that this exemption shall not apply to
    53  or become effective with respect to  housing  accommodations  which  the
    54  commissioner  determines  or finds became vacant because the landlord or
    55  any person acting on his or her behalf, with intent to cause the  tenant
    56  to  vacate,  engaged in any course of conduct (including but not limited

        A. 6130                             3
     1  to, interruption or discontinuance of required services) which interfer-
     2  ed with or disturbed or was intended to interfere with  or  disturb  the
     3  comfort, repose, peace or quiet of the tenant in his or her use or occu-
     4  pancy of the housing accommodations.
     5    §  5.  This act shall take effect immediately; provided, however, that
     6  the amendments to the rent stabilization law of nineteen hundred  sixty-
     7  nine, made by section four of this act, shall expire on the same date as
     8  such  law  expires  and  shall  not affect the expiration of such law as
     9  provided under section 26-520 of the administrative code of the city  of
    10  New  York;  and  provided  that  the  amendments to the emergency tenant
    11  protection act of nineteen seventy-four, made by section three  of  this
    12  act,  shall  expire  on  the same date as such act expires and shall not
    13  affect the expiration of such act as provided in section 17  of  chapter
    14  576 of the laws of 1974, as amended; and provided that the amendments to
    15  the emergency housing rent control law, made by section one of this act,
    16  shall  expire  on the same date as such law expires and shall not affect
    17  the expiration of such law as provided in subdivision 2 of section 1  of
    18  chapter  274  of  the  laws  of  1946, as amended; and provided that the
    19  amendments to the local emergency housing  rent  control  act,  made  by
    20  section  two  of this act, shall remain in full force and effect only so
    21  long as the public emergency requiring the  regulation  and  control  of
    22  residential  rents  and evictions continues, as provided in section 1 of
    23  chapter 21 of the laws of 1962, as amended.
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